State of Tamilnadu- Act
Tamil Nadu Panchayats Act, 1994
TAMILNADU
India
India
Tamil Nadu Panchayats Act, 1994
Act 21 of 1994
- Published on 22 April 1994
- Commenced on 22 April 1994
- [This is the version of this document from 22 April 1994.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
ThandanoorSalem District2.
S. MalayandipattinamCoimbatore District3.
KeeripattiMadurai District4.
PappapattiMadurai District,5.
MaruthangudiMadurai District6.
KottakatehiyandalVirudhimagar Districtfor which elections were not conducted so far was to expire on the 30th June 1997. Due to various reasons, it was not possible to conduct elections to these six Village Panchayats before the 30th June 1997. Hence, the term of office of Special Officers of the above said six Village Panchayats were extended for a further period of three months beyond the 30th June 1997 by promulgating the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 6 of 1997) by the Governor on the 30th June 1997.2. In the mean time all preliminary arrangement for conduct of elections to these six village panchayats are in progress. However, since the extended term of office of Special Officers of these six villages panchayats expired on the 30th September 1997, their term was extended for a further period of six months beyond the 30th September 1997 by promulgating the Tamil Nadu Panchayats (Fifth Amendment) Ordinance, 1997 (Tamil Nadu Ordinance 9 of 1997), by the Governor on the 28th September 1997.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 15th October 1997.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment) Act, 1997 (Tamil Nadu Act 62 of 1997). - By the amendment made to the Indian Stamp Act, 1899 (Central Act II of 1899) by the Indian Stamp (Tamil Nadu Amendment) Act, 1981 (Tamil Nadu Act 42 of 1981), the Stamp duty on the following two categories of instruments (among others) has been increased, namely: -(i) Release of Benami right in favour of real owner.(ii) Instrument of settlement other than in favour of a member or members of a family.Section 3 of the Benami Transaction (Prohibition) Act, 1988 (Central Act 45 of 1988) prohibits the transaction of Benami right in favour of real owner except the person referred to under sub-section (3) of section 4 of the said Central Act 45 of 1988. The Government have now decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably so as to levy surcharge on stamp duty on the release of Benami right in favour of excepted persons under sub-section (3) of section 4 of the said Central Act 45 of 1988 of immovable property and settlement of immovable property other than in favour of a member or members of a family.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 15th October 1997.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 1998 (Tamil Nadu Act 4 of 1998). - The Chief Election Commissioner of India has brought to the notice of the Government of Tamil Nadu that the general public and even the press are confused regarding the role and position including the names of "State Election Commission" and "Election Commission of India". In order to differentiate "State Election Commission" from that of "Election Commission of India", the Government have now decided to change the names of "State Election Commission", and "State Election Commissioner" as "Tamil Nadu Election Commission" and "Tamil Nadu Election Commissioner", respectively, by amending the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), suitably.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 21st March 1998.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998). - Section 3 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides that the Grama Sabha shall meet thrice in a year and that if the village panchayat fails to convene the Grama Sabha, the Inspector shall convene the Grama Sabha. Further, sub-section (5) of section 3 of the said Act provides that the quorum for a meeting of the Grama Sabha shall be one-third of the total number of the members of Grama Sabha. Now, the Government consider that it is enough if Grama Sabha meets twice in a year and that the responsibility of convening the meeting of the Grama Sabha be vested with the President of the Village Panchayat and that the quorum of the Grama Sabha meeting be deleted with a view to incorporate the same in the rules. Further, it has been decided to give daily allowance, travelling allowance, sitting fees and the fixed monthly travelling allowance to the representatives of the local bodies and to provide for the construction of water works, for the supply of water for drinking, washing and bathing by the Panchayat Union Council.2. At present, there is no provision in the said Tamil Nadu Act 21 of 1994 for motion of no-confidence in chairman of panchayat union and district panchayat who are also indirectly elected from among their members. Now, it has bean proposed to bring the chairman of panchayat union and district panchayat also within the ambit of removal by a motion of no-confidence by its members. Accordingly, the Government have decided to amend the said Tamil Nadu Act 21 of 1994 suitably for the said purposes.3. The Bill seeks to give effect to the above decisions.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 19th May 1998.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 1998 (Tamil Nadu Act 29 of 1998). - At present, certain town panchayats which are rural in character are under the purview of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920). In view of this, these town panchayats do not get any grants either from the Central Government or from the State Government as in the case of village panchayats. Central as well as State sponsored poverty alleviation schemes intended to rural areas are also not extended to these town panchayats since they have been controlled by the law relating to municipalities. In order to extend these facilities to the areas coming under town panchayats, which are in rural character basically, the Government have decided to bring certain town panchayats under the purview of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by treating them as village panchayats with the existing elected bodies, so as to enable them to junction as per the existing provisions of the said Tamil Nadu Act 21 of 1994 till such date as the Government may fix in this behalf or in case no date is fixed till the date on which their term of office expires under the Tamil Nadu Act V of 1920. It has also been decided to make provisions in the Tamil Nadu Act 21 of 1994 for non-representation to the panchayat union council and the district panchayat from the town panchayats which are converted as village panchayats till the date on which their term of office expires under the Tamil Nadu Act V of 1920. Further, it has also been decided to make necessary provisions in the said Tamil Nadu Act 21 of 1994 for continuing the provincialised staff of the town panchayats converted as village panchayats for a period of three months after such conversion. At present, there is no provision in the said Tamil Nadu Act 21 of 1994 for grading the village panchayats. Now, it has been decided to bring necessary provision in the Act for gradation of village panchayats. Accordingly, the Government have decided to amend the Tamil Nadu Act 21 of 1994 suitably for the said purposes.2. The Bill seeks to give effect to the above decisions.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 25th May 1998.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2000 (Tamil Nadu Act 30 of 2000). - Sub-section (1) of section 241 of the Tamil Nadu Panchayats Act 1994 (Tamil Nadu Act 21 of 1994) empowers the Government to constitute in every district a District Planning Committee to consolidate the plans prepared by the rural and urban local bodies in the district and to prepare a Draft Development Plan for the district as a whole. As per sub-section (2) of section 241 of the said Act, the Committee shall consist of: -(a) the Collector of the district;(b) members of the House of the People who represent the whole or part of the district;(c) members of the Council of States who are registered as electors in the district;(d) all the members of the Tamil Nadu Legislative Assembly whose constituencies lie within the district;(e) the Mayor of the City Municipal Corporation and all chairmen of the municipal councils in the district;(f) the chairman of the district panchayat;(g) as nearly as possible one-fifth of the total number of chairmen of town panchayats and chairmen of the panchayat union councils in the district respectively to be notified by the Government by rotation every year;(h) such number of persons not less than four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner from amongst the members of the district panchayat, town panchayats and councillors of the municipal corporations and the municipal councils in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district.2. Four-fifth of the total number of members of the Committee as specified in the said clause (h) will have to be arrived at for the purpose of election from amongst the members of the district panchayat and urban local bodies in proportion to the ratio between the population of the rural areas and of the urban areas in the district after taking into account the number of members specified in the said clauses (a) to (g) as one fifth. Four-fifth of the total number of members thus arrived in proportion to the population of the rural areas for the purpose of election from amongst the members of the district panchayat of a district comes to more than that of the number of members available in the said district panchayat of a district thereby rendering the implementation of the provisions of article 243-ZD of the Constitution very difficult.3. To get over the aforesaid difficulty, the Government have decided to amend the said Act suitably to specify the members of the House of the People who represent the whole or part of the district members of the Council of States who are registered as electors in the district members of the Tamil Nadu State Legislative Assembly whose constituencies lie within the district, all the chairmen of the panchayat union councils in the district, all the chairmen of the municipal councils in the district and all the chairmen of the town panchayats in the district as permanent special invitees so as to enable them to take part in the proceedings of the meetings of the said Committee. Accordingly, the Tamil Nadu Panchayats (Sixth Amendment) Ordinance, 2000 (Tamil Nadu Ordinance 6 of 2000) was promulgated by the Governor on the 22nd September 2000 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2000.4. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 7th November 2000.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2001 (Tamil Nadu Act 18 of 2002). - The Tamil Nadu State Election Commission has suggested to amend sub-section (1) of section 258 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) to enhance the period of fifteen days to forty-five days for filing an election petition from the date of publication of the result of that election. The Government have, therefore, decided to amend the said Tamil Nadu Act 21 of 1994 suitably for the said purpose on the lines of the provisions contained in sub-section (1) of section 81 of the Representation of the People Act, 1951 (Central Act XLIII of 1951).(2) The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th September 2001.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2001 (Tamil Nadu Act 19 of 2001). - The Government have issued orders for the continuous and concurrent audit in village panchayats, panchayat unions and district panchayats. Now, the financial position of the three tier panchayats has been good, consequent on devolution of funds based on the recommendation of the State Finance Commission, since 1997-98. Hence, the Government have decided to recover some percentage of audit charges from panchayats towards the expenditure incurred in the continuous and concurrent audit of the accounts of the panchayats, by amending the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), suitably.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 12th September 2001.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2002 (Tamil Nadu Act 28 of 2002). - The President of village panchayat and the chairman of the panchayat union council and the district Panchayat have to perform all the duties and exercise all the powers specifically imposed or conferred on them under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). By virtue of their office as such president or chairman, they shall be members of the council concerned and every committee of such council. In the absence of the president of the village panchayat, the vice-president has to exercise the powers and perform the functions of the president. Similarly, in the absence of the chairman of the panchayat union council and the district panchayat, the vice-chairman has to exercise the powers and perform the functions of the chairman. The president and vice-president of the village panchayat and the chairman and vice-chairman of the panchayat union council and the district panchayat shall exercise similar powers and discharge similar functions under the Tamil Nadu Panchayats Act, 1994. If a member of either House of Parliament or a member of the Legislative Assembly of the State is elected as president or vice-president of a village panchayat or chairman or vice-chairman of a panchayat union council or a district panchayat, it will not be possible for him to discharge his duties and responsibilities more effectively.2. Certain Members of the Legislative Assembly of the State and chairman of panchayat union council have represented to the Government to debar the Member of the Legislative Assembly of the State and Member of Parliament from contesting for election to the office of the president and vice-president and chairman and vice-chairman in the Local Bodies. The Tamil Nadu State Election Commission has forwarded the above representation for consideration of the Government.3. The Government, after careful consideration of the representations and the provisions contained in the Constitution of India, have decided to disqualify any Member of the Legislative Assembly of the State or Member of either House of Parliament for being elected as, and for being, a president or vice-president of a village panchayat or a chairman or vice-chairman of a panchayat union council or of a district panchayat and to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably for the purpose.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd April 2002.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2004 (Tamil Nadu Act 21 of 2004). - The term of office of the Special Officers of Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti village panchayats was due to expire on the 24th April 2004. As the said village panchayats could not be constituted even after resorting to election process for holding ordinary election, it became necessary to extend the term of office of the Special Officers of the said village panchayats beyond the 24th April 2004. The Government, therefore, decided to extend the term of office of the Special Officers of the said village panchayats for a further period of six months beyond the 24th April 2004, and to amend sub-section (2) of section 9-A and sub-section (2) of section 261 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) for the purpose.2. Accordingly, the Tamil Nadu Panchayats (Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 3 of 2004) was promulgated by the Governor on the 23rd April 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd April 2004.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 30th November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2004 (Tamil Nadu Act 21 of 2004). - The term of the Yercaud Panchayat Union Council and certain village panchayats under that panchayat union was due to expire on the 5th March 2005. The ordinary election to the said panchayat union council and to the said village panchayats could not be conducted in accordance with the provisions of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the rules made thereunder before the expiry of the term, since a proposal for reservation of seats for the persons belonging to the Scheduled Castes and the Scheduled Tribes and for women including the women belonging to the Scheduled Castes and the Scheduled Tribes based on the population as published in 2001 census is under consideration. Hence, it become necessary to appoint a Special Officer to exercise the powers and discharge the duties of the said Panchayat Union Council and of its Chairman and also to appoint a Special Officer to exercise the powers and discharge the functions of the said village panchayats. The Government, therefore, appointed Special Officer to the said panchayat union council and village panchayats on the 6th March 2005 for a period of six months or until the day on which the first meeting of the Panchayat Union Council, or as the case may be, the village panchayat concerned is held after election whichever is earlier. The Government have decided to amend the said Tamil Nadu Act 21 of 1994 retrospectively for the purpose and also to validate the action taken by the said Special Officers.2. The Bill seeks to give effect to the above decision.Published In Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 5th April 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2004 (Tamil Nadu Act 22 of 2004). - The Manachanalur Panchayat Union Council was dissolved on the 12th December 2003 under section 215 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the said Panchayat Union Council shall be reconstituted within six months from the date of dissolution, that is, on or before the 11th June 2004, as required under the said section 215.2. It was brought to the notice of the Government that it was found difficult to conduct the casual election to reconstitute the said Panchayat Union Council since the election process for the fourteenth Lok Sabha has concluded recently. Hence, it became necessary to appoint a Special Officer to the said Panchayat Union Council to exercise the powers and discharge the duties of the said council and of its Chairman, beyond the 11th June 2004. The Government, therefore, decided to appoint Special Officer to the said Council for a period of six months, by amending the said Act suitably. Accordingly, the Tamil Nadu Panchayats (Second Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 6 of 2004) was promulgated by the Governor on the 7th June 2004 and the same was published in the Tamil Nadu Government Gazette, Extraordinary; dated the 8th June 2004.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2004 (Tamil Nadu Act 39 of 2004). - Consequent on the cancellation of the notification issued under section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) in respect of 562 Town Panchayats on the 14th June 2004, they were constituted as village panchayats under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 2.1 of 1994). In order to have separate identity for the said Village Panchayats, the Government decided to amend the said Tamil Nadu Act 21 of 1994 to classify such Village Panchayats as Special Village Panchayats and to make provisions for a smooth transition, administrative accountability, financial stability and maintenance of existing level of civic services to the citizens in such Special Village Panchayats. To give effect to the above decision, the Tamil Nadu Panchayats (Third Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 9 of 2004) was promulgated by the Governor on the 30th September 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 1st October 2004.2. Further, the Government have also decided to bring within the said class of Special Village Panchayats, any Village Panchayat constituted under the said Tamil Nadu Act 21 of 1994 after the 14th June 2004, consequent on the cancellation of the notification issued under section 3-B of the said Tamil Nadu Act V of 1920 in respect of a Third Grade Municipality.3. The Bill seeks to replace the said Ordinance and also to give effect to the aforesaid decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2004 (Tamil Nadu Act 36 of 2004). - The term of office of the Special Officers appointed under section 9-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of Kottakatchiyendal and Nattarman-galam Village Panchayats and of the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti Village Panchayats were due to expire on the 24th October 2004. It was brought to the notice of the Government that after resorting to election process for holding ordinary election to constitute Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti Village Panchayats, the said Village Panchayats could not be constituted. Hence, it became necessary to extend the term of office of the Special Officers of the said Village Panchayats beyond the 24th October 2004. The Government, therefore, decided to extend the term of office of the Special Officers of the aforesaid Village Panchayats for a further period of six months beyond the 24th October 2004, by amending sub-section (2) of section 9-A and sub-section (2) of section 261 of the said Act, suitably.2. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2004 (Tamil Nadu Ordinance 14 of 2004) was promulgated by the Governor on the 23rd October 2004 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 23rd October 2004.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th November 2004.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2005 (Tamil Nadu Act 15 of 2005). - According to sub-section (2) of section 239 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Tamil Nadu State Election Commissioner to be appointed by the Governor under Article 243-K of the Constitution shall hold office for a term of two years and shall be eligible for reappointment for two successive terms and no person shall hold the office of the Tamil Nadu State Election Commissioner for more than six years in the aggregate and shall retire from office if he completes the age of sixty-two years during the term of his office. The ordinary elections to the Village Panchayats, Panchayat Union Councils and District Panchayats are held once in five years and the Tamil Nadu State Election Commissioner may not have an opportunity to conduct the ordinary election within the two successive terms of two years of reappointment. Therefore, to enable the Tamil Nadu State Election Commissioner to use his knowledge and experience gained over the period to conduct at least one ordinary election to the said Panchayats, the Government decided to remove the restrictions as to the age and as to the maximum period for holding the office of the Tamil Nadu State Election Commissioner and to amend sub-section (2) of section 239 of the said Act, suitably for the purpose. Accordingly, the Tamil Nadu Panchayats (Second Amendment) Ordinance, 2005 (Tamil Nadu Ordinance 2 of 2005) was promulgated by the Governor on the 11th July 2005 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 13th July 2005.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2005 (Tamil Nadu Act 16 of 2005). - The term of office of the Special Officers appointed under section 9-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of Kottakatchiyendal and Nattarman-galam village panchayats and of the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti village panchayats were due to expire on the 24th April 2005.2. It was brought to the notice of the Government that after resorting to election process for holding ordinary election, Pappapatti and Nattarmangalam village panchayats in Madurai District and Kottakatchiyendal village Panchayat in Virudhunagar District could not be constituted since no nomination had been field for the office of the President and members of the said village panchayats.3. In the case of Keeripatti village panchayat in Madurai District one Thiru V. Azhagumalai has been elected as President, but no nomination had been filed for the office of the members of that village panchayat. As per section 6 of the said Tamil Nadu Act 21 of 1994, a village panchayat shall be constituted consisting of elected members. As such, a village panchayat for Keeripatti panchayat village could not be constituted under the said Act.4. The Government, therefore, decided to extent the term of office of the Special Officers of the aforesaid village panchayats for a further period of six months beyond the 24th April 2005. Accordingly, orders were issued in G.O. Ms. No. 54, Rural Development Department, dated the 22nd April 2005, pending amendment to the said Tamil Nadu Act 21 of 1994. To give effect to the orders issued in the aforesaid Government order, it was decided to amend sub-section (2) of section 9-A and sub-section (2) of section 261 of the said Act, suitably and also to validate anything done or any action taken by such Special Officers on or after the 25th April 2005. Accordingly, the Tamil Nadu Panchayats (Third Amendment) Ordinance, 2005 (Tamil Nadu Ordinance 3 of 2005) was promulgated by the Governor on the 11th July 2005 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 13th July 2005.5. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2005 (Tamil Nadu Act 19 of 2005). - The term of office of the Special Officers appointed under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of the Yercaud panchayat union council and certain village panchayats under that panchayat union was due to expire on the 5th September 2005. The ordinary election to the said panchayat union council and to the said village panchayats could not be conducted in accordance with the provisions of the said Tamil Nadu Act 21 of 1994 and the rules made thereunder before the expiry of the term of office of the said Special Officers, since the proposal for reservation of seats for the persons belonging to the Scheduled Castes and the Scheduled Tribes and for women including the women belonging to the Scheduled Castes and the Scheduled Tribes based on the population as published in 2001 census was under consideration. Hence, it became necessary to extend the term of office of the said Special Officers to exercise the powers and discharge the duties of the said panchayat union council and village panchayats. The Government, therefore, decided to extend the term of office of the said Special Officers for a period of six moths or until the day on which the first meeting of the panchayat union council, or as the case may be, the village panchayat concerned is held after election, whichever is earlier, by amending sub-section (2) of section 9-B and sub-section (2) of section 18-B of the said Act, suitably for the purpose in view. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2005 (Tamil Nadu Ordinance 7 of 2005) was promulgated by the Governor on the 2nd September 2005 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 2005.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd September 2005.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2006 (Tamil Nadu Act 9 of 2006). - The term of office of the Special Officers appointed under section 9-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 1994) in respect of Kottakatchiyendal and Nattarmangalam village panchayats and of the term of the office of the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti village panchayats were due to expire on the 24th October 2005.2. It has been brought to the notice of the Government that due to unprecedented rain and flood, the election process for holding ordinary election to constitute Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti village panchayats have not been conducted and the said village panchayats could not also be constituted. Hence, it has become necessary to extend the term of office of the Special Officers of the said village panchayats beyond the 24th October 2005.3. The Government have, therefore, decided to extend the term of office of the Special Officers of the aforesaid village panchayats for a further period of six months beyond the 24th October 2005. Accordingly, orders were issued in G.O.Ms. No. 140, Rural Development Department, dated the 24th October 2005, pending amendment to the said Tamil Nadu Act 21 of 1994. To give effect to the orders issued in the aforesaid Government Order, it has been decided to amend sub-section (2) of section 9-A and sub-section (2) of section 261 of the said Act, suitably and also to validate anything done or any action taken by such Special Officers on or after the 25th October 2005.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd January 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2006 (Tamil Nadu Act 6 of 2006). - According to sub-section (2) of section 198 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Finance Commission constituted under sub-section (1) of that section shall consist of a Chairman and four other members. The Government have decided to increase the strength of members of the Finance Commission from four to five so as to include the Director of Special Village Panchayats as a member and to amend sub-section (2) of section 198 of the said Tamil Nadu Act 21 of 1994 for the purpose in view.2. The Bill seeks to give effect to the above decisionPublished in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 23rd January 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2006 (Tamil Nadu Act 22 of 2006). - The term of office of the Special Officers appointed under section 9-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of Kottakatchiyendal and Nattarman-galam village panchayats and the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti village panchayats were due to expire on 24th April 2006.2. In view of the General Elections to the Tamil Nadu Legislative Assembly, the election process for holding ordinary election to constitute Kottakatchiyendal, Nattarmangalam, Keeripatti and Pappapatti village panchayats had not been resorted to. Flence, it became necessary to extend the term of office of the Special Officers of the said village panchayats beyond the 24th April 2006. The Government, therefore, decided to extend the term of office of the Special Officers of the aforesaid village panchayats for a further period of six months beyond the 24th April 2006 and to amend sub-section (2) of section 9-A and sub-section (2) of section 261 of the said Act, suitably, for the purpose. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 1 of 2006) was promulgated by the Governor on the 24th April 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 24th April 2006. The said Ordinance could not be replaced by an Act of the Legislative Assembly. Therefore, the provisions of sub-section (2) of section 9-A and subsection (2) of Section 261 of the said Act as so amended by the said Ordinance ceased to operate with effect on and from the 29th June 2006. As a result, the Special Officers of the said village panchayats are functioning without any authority.3. Now, therefore, the Government have decided to extend the term of office of the Special Officers appointed under section 9-A of the said Tamil Nadu Act 21 of 1994 in respect of Kottakatchiyendal and Nattarmangalam village panchayats and the Special Officers appointed under section 261 of the said Act in respect of Keeripatti and Pappapatti village panchayats with effect on and from the 25th day of April 2006 for a further period of six months by amending the said Act suitably for the purpose and to validate anything done or any action taken by the Special Officers of the said village panchayats with effect on and from the 25th day of April 2006.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 18th August 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2006 (Tamil Nadu Act 23 of 2006). - The term of office of the Special Officers appointed under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) in respect of the Yercaud panchayat union council and certain village panchayats under the panchayat union was due to expire on the 5th March 2006. The ordinary election to the said panchayat union council and to the said village panchayats could not be conducted in accordance with the provisions of the said Tamil Nadu Act 21 of 1994 and the rules made thereunder before the expiry of the term of office of the said Special Officers, since the proposal for reservation of seats for the persons belonging to the Scheduled Castes and the Scheduled Tribes and for women including the women belonging to the Scheduled Castes and the Scheduled Tribes based on the population as published in 2001 census is still under consideration. Hence, it became necessary to extend the term of office of the said Special Officers to exercise the powers and discharge the duties of the said panchayat union council and village panchayats. The Government, therefore, decided to extend the term of office of the said Special Officers of the Yercaud panchayat union council and certain village panchayats for a period of six months, that is, up to the 5th September 2006 and accordingly, issued orders in G.O. Ms. No. 25, Rural Development Department, dated the 3rd March 2006, pending amendment to the said Tamil Nadu Act 21 of 1994.2. The ordinary election to all panchayats in the State will have to be conducted before the 24th October 2006. Therefore, the Government have now decided to extend the term of the said Special Officers for a further period of two months beyond the 5th September 2006 and in the aggregate for a period of eight months with effect on and from the 6th March 2006 or until the day on which the first meeting of the panchayat union council, or as the case may be, the village panchayat concerned is held after election, whichever is earlier.3. To give effect to the orders issued in the aforesaid Government order, and the above decision, it has been decided to amend sub-section (2) of section 9-B and sub-section (2) of section 18-B of the said Act, suitably and also to validate anything done or any action taken by such Special Officers on or after the 6th March 2006.4. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment) Act, 2006 (Tamil Nadu Act 17 of 2006). - As per section 4 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the Inspector shall declare every local area with population of not less than 500 as a panchayat village and any area with population of less than 500 shall be included in any contiguous panchayat village. It has been reported that sixty six panchayat villages which had population more than 500 as per the 1991 Census are having population below 500 as per the 2001 Census. However, representations have been received against the merger of these panchayat villages with contiguous panchayat villages and there are also apprehensions of law and order problems. Therefore, the Government have decided to remove the minimum population limit of 500 for the formation of a panchayat village.2. The next ordinary elections to the village panchayats, panchayat unions and district panchayats have to be conducted before 24th October 2006 as the present term of the said panchayats is due to expire on 24th October 2006. The panchayat village - wise 2001 census figures were received in May 2006. If fresh delimitation of wards in the three tiers of panchayats is taken up based on the 2001 census, the panchayat elections cannot be conducted before 24th October 2006. It was also considered that it would be appropriate to take up the delimitation of panchayat wards after the delimitation of Parliamentary and Assembly Constituencies. The Government, therefore, decided to conduct the ordinary elections to all panchayats to be held before 24th October 2006 based on the existing territorial area of the wards of the panchayats, number of wards and number of members to be returned from such wards.3. The Government also decided to reconstitute the 561 special village panchayats covered by the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as Town Panchayats under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920.)4. To give effect to the above decisions, the Government decided to amend the said Tamil Nadu Act 21 of 1994 suitably.5. Accordingly, the Tamil Nadu Panchayats (Fifth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 3 of 2006) was promulgated by the Governor on the 14th July 2006, the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 14th July 2006.6. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 22nd August 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2006 (Tamil Nadu Act 38 of 2006). - It was brought to the notice of the Government that after resorting to the election process for holding election during October 2006 to the village panchayats, in respect of certain village panchayats, the President as well as the ward members have not been elected and in certain other village panchayats, the president alone has been elected and the ward members have not been elected or insufficient number of ward members have been elected. As a result, village panchayats could not be constituted on the 25th day of October 2006 in certain panchayat villages. The Government have, therefore, decided to empower the Inspector to appoint Special Officers in respect of these village panchayats and also to validate anything done or any action taken by the Special Officer appointed on or after the 25th day of October 2006. Accordingly, the Tamil Nadu Panchayats (Sixth Amendment) Ordinance, 2006 (Tamil Nadu Ordinance 7 of 2006) was promulgated by the Governor on the 6th November 2006 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 7th November 2006.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 7th December 2006.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2007 (Tamil Nadu Act 16 of 2007). - As per the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the president, vice-president of the village panchayats, the chairman, vice-chairman of the panchayat union councils and of the district panchayats, and members of the said panchayats removed for irregularities are ineligible for election to the said offices, until the date on which notice of the next ordinary elections to the respective panchayats is published or the expiry of one year, from the date specified in the notification issued for their removal or from the date as postponed by the Government for their removal, as the case may be, whichever is earlier.2. The Government, have now decided to amend the relevant provisions of the said Tamil Nadu Act 21 of 1994 suitably, so as to enhance the said period of ineligibility from one year to three years and to disqualify them from contesting the elections, including the election for filling up of a casual vacancy in the said offices until the expiry of the said period of three years.3. The Bill seeks to achieve the above object.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 8th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2007 (Tamil Nadu Act 17 of 2007). - Sub-section (4) of section 37 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) empowers the Tamil Nadu State Election Commission to declare a person to be disqualified for being chosen as, and for being, a member or president, as the case may be, if he has failed to lodge an account of election expenses within the time and in the manner required by or under the said Act and has no good reason or justification for the failure. Sub-section (1) of section 41 of the said Act contemplates certain procedure to decide the question of disqualification of members of panchayats under sections 33, 35, 37, 38 and 40 of the said Act. According to the said sub-section (1) of section 41, allegation of disqualification against a member should be placed at the next meeting of the panchayat concerned and if such member does not appeal to the prescribed judicial authority within two months, he shall become disqualified from the date of expiry of the said two months. If an appeal is made within two months, pending decision on such appeal, the member is entitled to act as if he is qualified. As the provisions in subsection (1) of section 41 appear to be innocuous yet it limits the absolute power of the Tamil Nadu State Election Commission under sub-section (4) of section 37, the Government have decided to amend section 41 of the said Tamil Nadu Act 21 of 1994, so as to exclude sub-section (4) of section 37 from the said section 41 in order to enable the Tamil Nadu State Election Commission to exercise its powers under the said sub-section (4) of section 37 efficaciously.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 8th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2007 (Tamil Nadu Act 23 of 2007). - The major sources of assigned revenues to the Rural Local Bodies are local cess, local cess surcharge, surcharge on stamp duty, and entertainment tax. It has been observed that there is considerable delay in adjusting the various assigned revenues by Collectors to the Village Panchayats and Panchayat Unions. There is also considerable inequity in the distribution of Government revenues. The Government has been considering the development of an alternative sharing formula for assigned revenues that facilitates quick and easy disbursement and is also equitable.2. On the recommendation of the Third State Finance Commission, as modified by the Committee of four Ministers, Government have decided to pool the four main items of assigned revenues (local cess, local cess surcharge, surcharge on stamp duty and entertainment tax) at the State level and apportion them among the three tiers of panchayats by adopting the same formula as done for the State Finance Commission Grants.3. In order to achieve the above object, it has been proposed to amend sections 167,169,175 (3) and (4), 186 (b) and (I), 188 (1) (c)(d) and (m) of, and to insert a new section 175 - A into the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).4. The Bill seeks to achieve the above objects.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2007 (Tamil Nadu Act 12 of 2007). - At present, there is no specific provision in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) to grant paid holidays on the day of poll, to those who are employed in any business, trade, industrial undertakings or other establishments and are entitled to vote. In view of that, during the Panchayat Elections 2006, several instances came to notice wherein the business, trade, industrial undertakings and other establishments did not grant a holiday on the day of poll to their employees who are entitled to vote, which caused untold hardship to the eligible voters. Therefore, the Government have decided to make a specific provision in the said Tamil Nadu Act 21 of 1994 casting a duty upon the business, trade, industrial undertakings and other establishments to grant paid holiday on the day of poll to their employees who are entitled to vote, and also to specify penalty for contravention thereof, on the lines of the provision contained in section 135-B of the Representation of the People Act, 1951 (Central Act 43 of 1951).2. The Bill seeks to achieve the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment) Act, 2007 (Tamil Nadu Act 24 of 2007). - Section 239 (2) (b) of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) as amended by the Tamil Nadu Panchayats (Fifth Amendment) Act, 2005 (Tamil Nadu Act 15 of 2005) read as follows: -"The Tamil Nadu State Election Commissioner shall hold office for a term of two years and shall be eligible for re-appointment."Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.2. The High Court of Madras in its judgment, dated 16th March 2006 in W.P. Nos. 40026 of 2005 and 4323 of 2006 observed that the said provision which gives power to the Government to re-appoint a State Election Commissioner without any age limit or without any specific number of terms was totally unreasonable, as it did not accord with the principles relevant for fixing the age of retirement nor did it serve any public interest and held that the said amendment was violative of Article 14 of the Constitution.3. In the light of the Judgment of the High Court of Madras, the Government have decided to fix the age of retirement of the State Election Commissioner as 65 years and the term of office of the State Election Commissioner as two years. He shall be eligible for re-appointment for two successive terms of two years each so that no person shall hold the office of State Election Commissioner for more than six years in the aggregate.4. The Bill seeks to give effect to the above decisions.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2007 (Tamil Nadu Act 25 of 2007). - As per the provisions of sub-section (3) of section 188 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the various Village Panchayat Accounts are to be operated jointly by the President and the Vice-President of the concerned Village Panchayats. Several instances have come to the notice of the Government wherein Presidents and Vice-Presidents have issued cheques for works without the works being measured and bills being passed by the Block Development Officer concerned. Several other instances of the State Finance Commission Grant and Central Finance Commission Grant moneys not being used for payment of dues relating to electricity and water charges, but being diverted for less important purposes, thereby accumulating huge arrears, have also come to the notice of the Government.2. The Government consider that it is adequate if the President and Vice - President are empowered to operate only the Village Panchayat Fund Account which caters to the day-to-day as well as urgent operations of the Village Panchayat. Regarding the operation of other funds, Government consider that the Village Panchayat President and another official to be designated by the Government shall sign the cheques jointly in order to prevent instances of defalcation or diversion of funds of the kind mentioned above. Accordingly, the Government have decided to amend the said Act suitably for this purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th May 2007.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2008 (Tamil Nadu Act 5 of 2008). - Of late, a large number of no-confidence motions are being received against the vice-presidents of the village panchayats and chairmen and vice-chainnen of the panchayat union councils and District Panchayats. Such large number of no-confidence motions are unprecedented in the long history of the local bodies administration of this State. This may be due to better awareness of the provisions of the statutes on this issue or may be due to the growing intolerance among the elected representatives of the panchayats, out of political or personal reasons. However, it may also be attributed to unethical practices. This trend tends to divert the focus and attention of the panchayats and administration from the real issues concerning the welfare of the people such as basic civic needs, infrastructural facilities and other development oriented initiatives and activities. As a result, smooth and cordial atmosphere of the panchayats are disturbed and also the conduct of the meetings of the said panchayats, is affected. This also tends to affect the administration of the panchayats. Though moving and passing of no-confidence motions are considered to be democratic rights, frequent use and misuse of the same will affect the very same democracy.2. The Government, therefore, decided to curb the above undesirable trend and accordingly decided to make the provisions relating to moving and passing of no-confidence motions more stringent by amending the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). The Government also decided to abate all motions made expressing want of confidence and pending before any officer, authority or the Government, immediately before the 13th December 2007. Accordingly, the Tamil Nadu Panchayats (Seventh Amendment) Ordinance, 2007 (Tamil Nadu Ordinance 9 of 2007) was promulgated by the Governor on the 12th December 2007 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 13th December 2007.3. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 29th January 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2008 (Tamil Nadu Act 11 of 2008). - Clause (b) of section 169 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) enables the Government to make rules for fixing the proportions in which the proceeds of local cess, local cess surcharge and surcharge on the duty on transfers of property shall be distributed among village panchayats, panchayat union councils and district panchayats. Now, the Government have decided to distribute the major part of the proceeds of local cess, local cess surcharge and surcharge on the duty on transfers of property among the said three tiers of panchayats by adopting the formula applied for apportionment of the State Finance Commission Grant, and the remaining part of the said proceeds for the execution of specific schemes, projects, programme or plan in any village panchayat, panchayat union council or district panchayat. The Government have also decided to amend section 169 of the said Tamil Nadu Act 21 of 1994 suitably for the purpose.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 29th January 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2008 (Tamil Nadu Act 40 of 2008). - As per section 167 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), local cess is levied at the rate of one rupee on every rupee of land revenue payable to Government. Similarly, under section 168 of the said Tamil Nadu Act 21 of 1994, every panchayat union council may levy local cess surcharge which shall not be less than five rupees and more than ten rupees on every rupee of land revenue.2. The Second State Finance Commission has recommended for the enhancement of the rate of local cess from one rupee to two rupees and the minimum amount of local cess surcharge from five rupees to seven rupees. Accepting the said recommendation of the State Finance Commission, the Government have decided to amend sections 167 and 168 of the said Tamil Nadu Act 21 of 1994 suitably for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th March 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2008 (Tamil Nadu Act 34 of 2008). - According to section 165 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), district panchayats have to prepare their annual reports and forward the same to the Government to be placed on the Table of the Legislative Assembly, together with their comments thereon. The district panchayats have only got a planning and advisory role under the said Tamil Nadu Act 21 of 1994. The core functions of actual implementation and execution of schemes are done by the panchayat unions, and village panchayats and not by the district panchayats. The reports presently placed on the Table of the Tamil Nadu Legislative Assembly are only partial as these are pertaining to the district panchayats alone which form only one of the three tiers of the Panchayat Raj Institutions. These reports do not give an over all view of the release of funds conduct of elections and the functioning of all the three tiers of the panchayats in the State and hence are not substantial enough to be placed before the Tamil Nadu Legislative Assembly.2. The Government have, therefore, decided that instead of laying the reports of the individual district panchayats on the Table of the Legislative Assembly, a comprehensive annual report on the State of the Panchayats in Tamil Nadu as a whole, shall be placed on the Table of the Legislative Assembly. The Government have also decided to amend the said Tamil Nadu Act 21 of 1994 suitably for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th March 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fifth Amendment Act, 2008 (Tamil Nadu Act 41 of 2008). - At present, the village panchayats are implementing various centrally sponsored schemes and State funded schemes besides undertaking works out of the general funds of village panchayats. But, there is no specific provision in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) to entrust such schemes to the village panchayats and to require the president of the village panchayats to execute or implement the schemes entrusted to the village panchayats. The Government have, therefore, decided to amend the said Tamil Nadu Act 21 of 1994 so as to make it mandatory for the president of village panchayat to execute or implement the schemes entrusted to the village panchayat.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th March 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Sixth Amendment) Act, 2008 (Tamil Nadu Act 42 of 2008). - Sub-section (1) of section 245 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides for the imposition of penalties as specified in Schedule II to the said Act on any person who contravenes any of the provisions of the said Act specified in that Schedule and sub-section (2) of the said section 245 provides for imposition of penalties on any person for continuing breaches specified in Schedule III to the said Act.2. The penalty amounts, which were prescribed during the year 1994, have not been revised since then and have lost the deterrent effect. The Government have, therefore, decided to revise the penalties provided in these Schedules by amending the said Schedules suitably.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th May 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008). - The 73rd Constitution Amendment Act, 1992 has given constitutional status to the Local Bodies and also provided for disqualification of elected members of Panchayat Raj Institution under Article 243-F of Constitution of India.2. The Government have decided to incorporate suitable provisions in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) regarding disqualification for being chosen as, and for being, a member of a panchayat, similar to the provisions contained in the Representation of the People Act, 1951 (Central Act 43 of 1951) for disqualification of a member of either House of the State. The Government have also decided to empower the Government to decide the question of disqualification for being chosen as, and for being, a member of a panchayat in consultation with the Tamil Nadu State Election Commission, similar to those powers vested with the President under the said Central Act 43 of 1951 and also to vest with the Tamil Nadu State Election Commission powers in connection with enquiries as to disqualification of members of the panchayats. To give effect to the above decisions, the Government have decided to amend the said Tamil Nadu Act 21 of 1994 suitably.3. The Bill seeks to give effect to the above decisions.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 14th May 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Eighth Amendment) Act, 2008 (Tamil Nadu Act 58 of 2008). - As per the provisions of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) and the rules framed thereunder, the executive authority of the village panchayat is empowered to grant licence for erecting hoardings in the local areas of the panchayat and the panchayat is empowered to fix the licence fee which shall not exceed the maximum prescribed by the Government. Regarding determination of the rates of tax on advertisements on such hoardings, the village panchayat is empowered to determine the same having regard to the location, size, reach and nature of the advertisement and subject to the rates fixed by the Government in this behalf. In order to improve the monitoring and regulation of all hoardings and to ensure effective implementation of the licensing of hoarding, the Government decided to empower the District Collectors to grant licence, to determine the advertisement tax and to regulate the advertisement in the village panchayat and to fix the licensing fee in respect of all licences required to be obtained under the said Act except in respect of licence for erecting hoardings for which the fees shall be fixed by the Government, by amending the said Tamil Nadu Act 21 of 1994 suitably. Accordingly, the Tamil Nadu Panchayats (Eighth Amendment) Ordinance, 2008 (Tamil Nadu Ordinance 10 of 2008) was promulgated by the Governor on the 28th October 2008 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 29th October 2008.2. The Bill seeks to replace the said Ordinance.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 11th November 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Ninth Amendment) Act, 2008 (Tamil Nadu Act 59 of 2008). - Clause (a) of sub-section (1) of section 96 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides for constitution of an Appointments Committee for every panchayat union, which shall consist of the chairman of the panchayat union council, the commissioner and one member elected annually by the panchayat union council. The annual elections to elect a member of Appointments Committee from among the panchayat union council members are not being held under the supervision of any independent authority. Further, these elections lead to disputes resulting in delays in the constitution of Appointments Committee and are not conducive for the smooth functioning of the Panchayat Union administration.The vice-chairman of the panchayat union council is elected from among the panchayat union council members in the indirect elections conducted by the Tamil Nadu State Election Commission which is an independent Constitutional Body. The Government considers that it would be appropriate to make the Vice-Chairman of the panchayat union council as the member of Appointments Committee in the place of the member required to be elected every year by the panchayat union council members, in order to provide continuity and stability to the Appointments Committee and avoid changing the composition every year with a new member. The Government have, therefore, decided to amend the said section 96 of the said Tamil Nadu Act 21 of 1994 suitably for the purpose.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1 of the Tamil Nadu Government Gazette Extraordinary dated the 13th November 2008.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2009 (Tamil Nadu Act 28 of 2009). - According to clause (g) of section 110 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), it shall be the duty of village panchayats to make reasonable provision for carrying out the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works for the supply of water for drinking, washing and bathing purposes. Similarly, clause (aa) of section 112 of the said Act, envisages the duty of a Panchayat Union Council to provide for the construction of water works for the supply of water for drinking, washing and bathing purposes. But in practice, village ponds alone are maintained by the village panchayats and the tanks are maintained by the Panchayat Unions. Therefore in order to vest the duty of maintenance of ponds alone with village panchayats and to empower the Panchayat Unions to maintain the tanks, the Government have decided to amend section 110 (g) and section 112 (aa) of the said Tamil Nadu Act 21 of 1994 suitably.2. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 63 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2009 (Tamil Nadu Act 14 of 2009). - The National Commission for Scheduled Castes and Scheduled Tribes in its Seventh Report has recommended the following: -"In case of elective offices such as Parliament/Legislative Assembly/Municipal Corporation/Panchayat, the false caste certificate holder should be immediately sacked from the post/chair and must be debarred from contesting election for at least 6 years, besides the punishment provided under law."2. The Government of India have requested the State Government to take suitable action, on the above said recommendation. Therefore, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994), so as to give effect to the said recommendation of the National Commission for Scheduled Castes and Scheduled Tribes.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 66 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2009 (Tamil Nadu Act 20 of 2009). - Under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of the 1994) panchayat unions and district panchayats are divided into territorial constituencies or "Wards", with each ward represented by only one member is the case with the urban local bodies such as municipal corporations, municipalities and town panchayats. However, in the case of village panchayats, section 12 of the said Act provides for election of multi-members from a single ward of a village panchayat. This system of multi-member wards is in existence in village panchayats only and it has posed several difficulties.2. The Third High Level Committee headed by the Hon'ble Minister for Rural Development and Local Administration observed that the village panchayat wards are very small both in terms of area and population and hence the multi-member ward system is not sound, and has recommended that the present system of multi-member village panchayat wards should be abolished and replaced with single-member wards. The Government have accepted the recommendation of the said committee and decided to amend section 12 of the said Act so as to elect only one member from each ward of village panchayat and to make a provision to enable the existing elected members in each ward of the village panchayats to continue as members till the expiry of their current term of office fill up the casual vacancies in the office of such members in accordance with the provisions of the said Act and the rules made thereunder.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 68 of the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Fourth Amendment) Act, 2009 (Tamil Nadu Act 12 of 2009). - In the Budget speech for the year 2009-2010 it has been announced as follows: -"Under the existing system of land revenue collection, which has been in vogue for a long period, Local Cess, Local Cess Surcharge and Water Cess are being collected along with the land revenue. As this tax serves as proof of possession of farmers over their land holdings, hereafter only a nominal sum shall be levied as 'Land Revenue'. By simplifying the present cumbersome system, land revenue of Rs. 21 per acre of dry land as against an average levy of Rs. 15 per acre at present and Rs. 5 per acre of wet land as against an average levy of Rs. 50 per acre at present, shall be levied from the coming fasli year. Farmers shall not be burdened with any other levy such as Local Cess and Local Cess Surcharge. About 50 lakhs farmers will benefit from this measure".2. To give effect to the above announcement, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) so as to do away with the levy of local cess and local cess surcharge.3. The Bill seeks to give effect to the above decision.Published in Part II - Section 1, page 91 of the Tamil Nadu Government Gazette Extraordinary, dated the 16th July 2009.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2012. - An announcement was made on the floor of the Legislative Assembly by the Hon'ble Minister (Municipal Administration and Rural Development) that the Government will sanction monthly honorarium to the Presidents of Village Panchayats. Accordingly, the Government have decided to make necessary provision in the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by amending section 82 of the said Act suitably.2. The Bill seeks to give effect to the above said decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2012. - In Tamil Nadu, 3% of the population are differently-abled. Among the differently-abled, there are many people with high educational qualification and capability of communication skills. However, deaf-mute category of people are disqualified to contest the elections under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), which is not justifiable. Therefore, the Government have decided to amend the said Tamil Nadu Act 21 of 1994 by omitting the expression "or a deaf-mute" in clause (a) of sub-section (3) of sections 37 and 38 of the said Act.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Third Amendment) Act, 2012. - It has been brought to the notice of the Government that unfortunate death of a school student has occurred due to lack of safety measures in construction and maintenance of swimming pools. The Government therefore, consider that there is an imperative need to evolve meaningful and comprehensive measures to ensure the safety and security of the users of the swimming pools, particularly in educational institutions. Accordingly, to effectively regulate the construction, maintenance and monitoring of swimming pools, the Government have decided to suitably amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2014. - Fatal accidents and death of small children have occurred due to the careless attitude of the owners of bore wells, tube wells and open wells and the agencies carrying on the business of sinking such wells. Hence, in order to regulate the sinking of bore wells, tube wells and open wells, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Amendment) Act, 2016. - The Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) provides for reservation of one third of total number of the seats and offices for women in Village Panchayats, Panchayat Union Councils and District Panchayats. The Government have considered it necessary to increase the percentage of reservation for women from one third of the total number of seats and offices to fifty per cent so as to promote women empowerment and facilitate the participation of women in rural development. Accordingly, the Government have decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) suitably for the said purpose.2. The Bill seeks to give effect to the above decision.Statement of Objects and Reasons - Tamil Nadu Panchayats (Second Amendment) Act, 2016. - According to the provisions of Section 8,19,26,27 and 28 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), the number of elected members to be returned to the village panchayats, Panchayat union councils and District Panchayats and the territorial wards and its extent, shall be determined based on the 2011 population census figures. Following the enhancement of reservation for women in rural local bodies from one-third to fifty per cent of the total seats and offices, the District Collectors who are the Inspectors of Panchayats have taken up the work of revising the reservation of seats and offices for women in the village panchayats, Panchayat unions and district panchayats based on 2011 population census figure for conduct of ordinary elections to rural local bodies in the year 2016. Similarly, as per the provisions of the Tamil Nadu Panchayats (Reservation of seats and rotation of reserved seats) Rules, 1995 rotation in reservation of seats and offices for village panchayats, panchayat unions and district panchayats have to be followed in the ordinary elections to rural local bodies in the year 2016. Due to such huge exercises at the grassroots level, a fresh delimitation and rotation in reservation of seats and offices of all the village panchayats, panchayat unions and district panchayats, based on 2011 population census figures cannot be completed before the next ordinary elections to the rural local bodies, which is scheduled to be conducted before 24th October 2016. The Government have, therefore, decided to conduct the said ordinary election to the rural local bodies, based on the existing territorial area of wards of the panchayats, number of wards, the number of members to be returned from such wards and to amend the Tamil Nadu Panchayats Act, 1994, (Tamil Nadu Act 21 of 1994) suitably, for the said purpose.2. The Bill seeks to give effect to the above decision.Received the assent of the Governor on the 22nd April 1994 and published in Tamil Nadu Government Gazette (Extraordinary), Part IV, section 2, Issue No. 214, dated the 22nd April 1994.An Act to repeal and re-enact the Tamil Nadu Panchayats Act, 1958.Whereas it is expedient to repeal and re-enact the Tamil Nadu Panchayats Act, 1958, for establishing a three-tier Panchayat Raj system in the State to the elected bodies at the village, intermediate and district level in keeping with the Constitution (Seventy-third Amendment) Act, 1992, relating to Panchayats for greater participation of the people so as to make them Institutions of self-government and for more effective implementation of rural development programmes;Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fifth year of the Republic of India as follows: -Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires, -Chapter II
Grama Sabha
3. Grama Sabha.
Chapter III
Formation and Constitution of Village Panchayats, Panchayat Union Councils and District Panchayats
4. Formation of Panchayat Villages.
4A. [ Special provisions relating to Town Panchayat constituted as Village Panchayat. [Section 4-A was inserted by Tamil Nadu Panchayats (Fourth Amendment) Act, 1998 (Tamil Nadu Act 29 of 1998).]
5. Extension of provisions of Tamil Nadu District Municipalities Act, 1920 or of any Rules made thereunder.
6. Constitution of Village Panchayats and their incorporation.
7. Alteration of classification of Panchayat Villages.
8. Strength of a Village Panchayat.
9. Duration of Village Panchayats.
9A. [ Appointment of Special Officer in certain circumstances. [Section 9-A inserted by Tamil Nadu Panchayats (Amendment) Act, 2002 (Tamil Nadu Act 3 of 2002) w.e.f. 25-10-2001.]
9B. [ Appointment of Special Officer to certain Village Panchayats. [Added by Tamil Nadu Panchayats (Amendment) Act, 2005 (Tamil Nadu Act 6 of 2005) w.e.f. 6-3-2005.]
9C. [ Appointment of Special Officer in certain circumstances. [Inserted by Tamil Nadu Panchayats (Sixth Amendment) Act, 2006 (Tamil Nadu Act 38 of 2006).]
- Notwithstanding anything contained in this Act, or in any other law for the time being in force, in respect of Village Panchayat, which could not be constituted on the 25th day of October 2006, even after resorting to election process, the Inspector may, by notification, appoint a Special Officer, to exercise the powers and discharge the functions of the said Village Panchayat, until the day on which the first meeting of the said Village Panchayat is held after election to the said Village Panchayat.]10. Election of members of Village Panchayat.
- The members of the Village Panchayat shall be elected in such manner as may be prescribed:[Provided that no person shall be eligible to be elected as a member of more than one ward in the same Village Panchayat or as a member of more than one Village Panchayat:] [Substituted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).][Provided further that a person who stands for election as a member of a Village Panchayat shall not be eligible to stand for election as President of a Village Panchayat, a member of a Panchayat Union Council or a Member of a District Panchayat:Provided also that no member of a Village Panchayat shall be eligible to stand for election as President of a Village Panchayat, a member of a Panchayat Union Council or a District Panchayat.] [Added by Tamil Nadu Panchayats (Second Amendment) Act, 1995 (Tamil Nadu Act 30 of 1995).]11. Reservation of seats.
12. [ Division of Panchayat Village into wards. [Substituted by Tamil Nadu Panchayats (Third Amendment) Act, 2009 (Tamil Nadu Act 20 of 2009).]
13. Term of office of members.
14. Electoral roll for Village Panchayats.
15. Formation of Panchayat Union Council.
16. Constitution of Panchayat Union Councils and their incorporation.
17. [ Strength of a Panchayat Union Council. [Section 17 was substituted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).]
- A Panchayat Union Council constituted for any Panchayat Union shall consist of the elected members as notified under section 19.]18. Duration of Panchayat Union Council.
18A. [ Appointment of Special Officer to Panchayat Union Council in certain circumstances. [Section 18-A inserted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).]
18B. [ Appointment of Special Officer to Yercaud Panchayat Union Council. [Section 18-B inserted by Tamil Nadu Panchayats (Amendment) Act, 2005 (Tamil Nadu Act 6 of 2005) with effect from 6-3-2005.]
19. [ Election of members of Panchayat Union Council. [Section 19 was substituted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).]
- Every Panchayat Union Council shall consist of persons elected from the wards in the Panchayat Union, as may be notified from time to time by the Government [at the rate of one member for such population as may be prescribed] of the Panchayat Union area as ascertained in the last preceding census of which the relevant figures have been published. Such a ward of the Panchayat Union area may either comprise a full ward or one or more wards of the Village Panchayats:Provided that no person shall be eligible to be elected as a member of more than one ward in the same Panchayat Union or as a member of more than one Panchayat Union Council under this Act:Provided further that a person who stands for election as a member of a Panchayat Union Council shall not be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a District Panchayat:Provided also that no member of a Panchayat Union Council shall be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a District Panchayat.]20. Reservation of seats.
21. Division of Panchayat Union into wards.
22. Term of office of members.
23. Electoral roll for Panchayat Union Council.
24. Formation and incorporation of District Panchayat.
25. [ Constitution of District Panchayat. [Section 25 substituted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).]
26. Election of members.
- The number of elected members of a District Panchayat shall consist of persons elected from the wards in the District Panchayat, as may be notified, from time to time, by the Government based on the population of the district as ascertained at the last preceding census:[Provided that no person shall be eligible to be elected as a member of more than one ward in the same District Panchayat or as a member of more than one District Panchayat:] [Substituted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).][Provided further that a person who stands for election as a member of a District Panchayat shall not be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a Panchayat Union Council:Provided also that no member of a District Panchayat shall be eligible to stand for election as a member of a Village Panchayat, President of a Village Panchayat or a member of a Panchayat Union Council.] [Added by Tamil Nadu Panchayats (Second Amendment) Act, 1995 (Tamil Nadu Act 30 of 1995).]27. Determination of elected members after census.
- Upon the publication of the figures for each census, the number of elected members of a District Panchayat shall be determined in accordance with such scale as may be prescribed on the basis of the population of the district as ascertained at the last preceding census:Provided that the determination of the members as aforesaid, shall not affect the then composition of the District Panchayat until the expiry of the term of office of the elected members then in office:Provided further that, for the first election to the District Panchayat to be held immediately after the commencement of this Act, the provisional population figures of the District Panchayat as published in relation to 1991 census, shall be deemed to be the population of the District Panchayat as ascertained in that census.28. Delimitation of territorial wards.
- The Government shall, by [notification] [See Notification issued in G.O. Ms. No. 156, Rural Development (C11), dated 9th August 1995 at page 539. Delegation of power to District Collector for dividing the District Panchayat Area into Territorial Wards for reservation of seats.], -28A. [ Special provision relating to election. [Section 28-A inserted by Tamil Nadu Panchayats (Second Amendment) Act, 1995 (Tamil Nadu Act 17 of 2006) w.e.f. 14-7-2006.]
- Notwithstanding anything contained in this Act or the Rules made or orders issued under this Act, for the first election for the Village Panchayats, Panchayat Union Councils and district panchayats to be held immediately after the 14th day of July 2006, the territorial area of wards, the number of wards in every Village Panchayat, Panchayat Union and District Panchayat and the number of members to be returned by each such wards shall be the same as they exist on the 14th day of July 2006.]28AAA. [ Special provision relating to election. [Inserted by Act No. 10 of 2016, dated 29.06.2016, published dated 30.06.2016.]
- Notwithstanding anything contained in this Act or the rules made or orders issued under this Act, for the first election for the village panchayats, panchayat union councils and district panchayats to be held immediately after the date of commencement of the Tamil Nadu Panchayats (Second Amendment) Act, 2016, the territorial area of wards, the number of wards in every village panchayat, panchayat union and district panchayat and the number of members to be returned by each such wards shall be the same as they exist on the date of commencement of the Tamil Nadu Panchayats (Second Amendment) Act, 2016.]29. Term of office of members.
30. Electoral roll for District Panchayat.
31. Duration of District Panchayat.
32. Reservation of seats.
33. Qualification of Candidates.
- No person shall be qualified for election as a Member or President [***] [The words 'or Chairman' was omitted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).] of a Panchayat unless-34. Disqualification of officers and servants of Government and local bodies, etc.
35. Disqualification of persons convicted of election offences.
- Every person convicted of an offence punishable under sections 58 to 71 of this Act or under Chapter IX-A of the Indian Penal Code (Central Act XLV of 1860), or is so disqualified by or under any law for the time being in force for the purposes of election to the Legislative Assembly of the State or is disqualified by or under any law for the time being in force, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of President or Member of a Village Panchayat or of the office of Chairman or member of a Panchayat Union Council or a District Panchayat, for a period of [six years] [Substituted for the words 'five years' by Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008).] from the date of his conviction.36. Disqualification of voters.
- No person who is of unsound mind and declared so by a competent Court and no person who is disqualified under section 35 shall be qualified to vote so long as the disqualification subsists.37. Disqualification of Candidates.
- [(1) A person convicted of an offence punishable under -(a)section 153-A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171-E (offence of bribery) or section 171-F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376-A or section 376-B or section 376-C or section 376-D or section 498-A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or subsection (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (Central Act XLV of 1860); or(b)the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955) which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom; or(c)section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (Central Act 52 of 1962); or(d)sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (Central Act 37 of 1967); or(e)the Foreign Exchange (Regulation) Act, 1973 (Central Act 46 of 1973); or the Foreign Exchange Management Act, 1999 (Central Act 42 of 1999); or(f)the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985); or(g)section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (Central Act 41 of 1988); or(h)section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot-papers from polling stations) or section 135.-A (offence of booth capturing) or clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of the Representation of the People Act, 1951 (Central Act 43 of 1951); or(i)section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991 (Central Act 42 of 1991); or(j)section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (Central Act 69 of 1971); or (k) the Prevention of Corruption Act, 1988 (Central Act 49 of 1988); or (1) Any law providing for the prevention of hoarding or profiteering; or(m)any law relating to the adulteration of food or drugs; or (n) any provisions of the Dowry Prohibition Act, 1961 (Central Act 28 of 1961)shall be disqualified for election as a member, where the convicted person is sentenced to-(i)only fine, for a period of six years from the date of such conviction;(ii)imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.Explanation. - In this sub-section, -(a)"law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law, providing for-(i)the regulation of production or manufacture of any essential commodity;(ii)the control of price at which any essential commodity may be bought or sold;(iii)the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;(iv)the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;(b)"drug" has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940);(c)"essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955 (Central Act 10 of 1955);(d)"food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954).]38. [ Disqualification of members. [Substituted by Tamil Nadu Act 39 of 2008.]
38A. [ Disqualification for President, Vice-President, Chairman, Vice-Chairman and Member. [Section 38-A inserted by Tamil Nadu Panchayats (Second Amendment) Act, 2002 (Tamil Nadu Act 28 of 2002).]
- Notwithstanding anything contained in this Act, no person shall be qualified for being elected as, and for being, a President, Vice-President or member of a Village Panchayat or a Chairman, Vice-Chairman or Member of a Panchayat Union Council or of a District Panchayat, if he is a Member of the Legislative Assembly of the State or a Member of either House of Parliament.] [Sub-section (4) inserted by Tamil Nadu Panchayats (Sixth Amendment) Act, 1998 (Tamil Nadu Act 54 of 1998).]39. Restoration of members to office.
40. Oath or affirmation to be made by members.
41. [ Authority to decide Questions of disqualification or cessation of members. [Substituted by Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008).]
41A. [ Powers of the Tamil Nadu State Election Commission. [Inserted by Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008).]
41B. [ Statements made by person to the Tamil Nadu State Election Commission. [Inserted by Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008).]
- No statement made by a person in the course of giving evidence before the Tamil Nadu State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:Provided that the statement -41C. [ Procedure to be followed by the Tamil Nadu State Election Commission. [Inserted by Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008).]
- The Tamil Nadu State Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings arid deciding whether to sit in public or in private).]41D. [ Protection of action taken in good faith. [Inserted by Tamil Nadu Panchayats (Seventh Amendment) Act, 2008 (Tamil Nadu Act 39 of 2008).]
- No suit, prosecution or other, legal proceeding shall lie against the Tamil Nadu State Election Commission or any person acting under the direction of the Tamil Nadu State Election Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 41-A.to 41-C or of any order made thereunder in respect of the tendering of any opinion by the Tamil Nadu State Election Commission to the Government or in respect of the publication, by or under the authority of the Tamil Nadu State Election Commission of any such opinion, paper or proceedings.]President and Vice-President of Village Panchayat42. President and Vice-President of Village Panchayat.
- There shall be a President and a Vice-President for every Village Panchayat.43. Election of President.
44. Election of Vice-President.
45. Cessation of office as President and Vice-President.
- The President or Vice-President shall cease to hold office as such -46. Functions of the President.
47. Devolution [***] [The words 'and delegation' was omitted by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).] of President's functions and filling up of vacancies in the office of President.
48. Delegation of functions of President.
- Subject to such restrictions and control [as may be prescribed,] [See Rules issued in G.O. Ms. No. 178, Rural Development (C4), dated 30th August 1999 at page 617 and published in Part III - Section 1(a) of the Tamil Nadu Government Gazette Extraordinary, dated 1st 1999.] the President may, by an order in writing, delegate any of his functions as such to the Vice-President and, in the absence of the Vice-President to any other member, provided that the exercise or discharge of any functions so delegated shall be subject to such further restrictions and conditions as may be laid down by the President and shall also be subject to his control and revision:Provided that he shall not delegate any functions which the Village Panchayat expressly prohibits him to delegate.Chairman and Vice-Chairman49. Chairman and Vice-Chairman of Panchayat Union Council.
- There shall be a Chairman and Vice-Chairman for every Panchayat Union Council.50. Election of Chairman of Panchayat Union Council.
51. Election of Vice-Chairman of Panchayat Union Council.
52. Functions of the Chairman.
53. Cessation of office of Chairman and Vice-Chairman of a Panchayat Union Council.
- The Chairman and Vice-Chairman shall cease to hold office as such -54. Devolution and delegation of Chairman's functions and filling up of vacancies in the office of Chairman.
55. Chairman and Vice-Chairman of District Panchayat.
- There shall be a Chairman and a Vice-Chairman for every District Panchayat.56. Election of Chairman and Vice-Chairman of District Panchayat.
57. Reservation of seats in the office of President, Chairman, etc.
Chapter IV
Offences Relating To Elections
58. Infringement of secrecy of election.
- Every officer, clerk, agent or other person performing any duty in connection with the recording or counting of votes at an election who, except for some purpose authorised by law, communicates to any person any information showing directly or indirectly for which candidate any voter has voted, and every person who, by any improper means, procures any such information, shall be punished with imprisonment which may extend to six months or with fine, or with both.59. Minimum penalty for personation at an election.
- Notwithstanding anything contained in section 171-F of the Indian Penal Code (Central Act XLV of I860), any person who, in connection with an election under this Act, commits an offence of personation punishable under that section shall be punishable with imprisonment for a term which shall not be less than six months and not more than two years and with fine.60. Promoting enmity between classes in connection with election.
- Any person who, in connection with an election under this Act, promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both.61. Prohibition of public meetings on the day preceding the election day and on the election day.
62. Disturbances at election meeting.
63. Restriction on printing of pamphlets, posters, etc.
64. Officers, etc., at elections not to act for candidates or to influence voting.
65. Prohibition of canvassing in or near polling stations.
66. Penalty for disorderly conduct in or near polling stations.
67. Penalty for misconduct at the polling station.
68. Penalty for illegal hiring or procuring of conveyance at elections.
69. Breaches of official duty in connection with election.
70. Removal of ballot papers from polling station to be an offence.
71. Other offences and penalties therefor.
72. Cognizance of certain election offences.
- No Court shall take cognizance of any offence punishable under section 64 or under section 69 or under clause (a) of sub-section (2) of section 71 except on complaint in writing made by order of, or under authority from, the Government.Requisitioning of property for election purposes73. Requisitioning of premises, vehicles, etc., for election purposes.
74. Payment of amount.
75. Power to obtain information.
- The Government may, with a view to requisitioning any property under section 73 or determining the amount payable under section 74, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.76. Power of entry into, and inspection of, premises, etc.
77. Eviction from requisitioned premises.
78. Release of premises from requisition.
79. Delegation of function of the Government with regard to requisitioning.
- The Government may, by notification, direct that any power conferred or any duty imposed on the Government by any of the provisions of sections 73 to 78 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.80. Penalty for contravention of any order of requisitioning.
- If any person contravenes any order made under section 73 or section 75, he shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both.80A. [ Grant of paid holiday to employees on the day of poll. [Section 8-A inserted by Tamil Nadu Panchayats (Fourth Amendment) Act, 2007 (Tamil Nadu Act 12 of 2007) w.e.f 31-5-2007.]
81. Rights of individual member.
82. No President, Vice-President, Chairman, Vice-Chairman or Member to receive remuneration.
- No President, Vice-President, Chairman, Vice-Chairman or Member shall receive or be paid, from the funds at the disposal of or under the control of the Panchayat, [any salary or other remuneration, except travelling allowance, fixed monthly travelling allowance, daily allowance and sitting fees as may be fixed by the Government, from time to time] [Substituted for the words 'any salary or other remuneration' by Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998).], for services rendered by him whether in his capacity as such or in any other capacity:[Provided that the president may be paid a monthly honorarium, as may be fixed by the Government from time to time.] [Inserted by Act No. 15 of 2012, dated 31.5.2012, w.e.f. 25.10.2011.]82A. [ President, Vice-President, Chairman, Vice-Chairman or member to obtain permission to undertake trip to foreign country. [Inserted by Tamil Nadu Act 52 of 2002.]
- No person holding the office of President, Vice-President or Member of a Village Panchayat or Chairman, Vice-Chairman or Member of a Panchayat Union Council or of a District Panchayat shall undertake any trip to any foreign country in his official capacity as such, except with the permission in writing of the Government.]Chapter V
Powers and Duties of The Executive Authority
83. [Executive Authority of Village Panchayat] [Substituted by Tamil Nadu Panchayats (Third Amendment) Act, 1996 (Tamil Nadu Act 21 of 1996).].
- The Government may, by notification, appoint any person, who shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the Executive Authority of a Village Panchayat [***] [The words 'and different persons may be appointed to different classes of Village Panchayats' were added by Tamil Nadu Panchayats (Third Amendment) Act, 2004 (Tamil Nadu Act 39 of 2004) w.e.f 14-6-2004 and omitted by Tamil Nadu Panchayats (Fifth Amendment) Act, 2006 (Tamil Nadu Act 17 of 2006) w.e.f 14-7-2006.].84. Functions of Executive Authority.
- The Executive Authority shall, -85. Commissioner.
86. Emergency powers of Executive Authority and Commissioner.
- The Executive Authority or the Commissioner may, in cases of emergency, direct the execution of any work or the doing of any act which requires the sanction of the Village Panchayat or the Panchayat Union Council, as the case may be, and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the Village Panchayat Fund or the Panchayat Union Fund, as the case may be:Provided that -87. [Secretary] [Substituted for the words 'Chief Executive Officer' by Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998).].
88. Functions, powers and duties of [Secretary] [Substituted for the words 'Chief Executive Officer' by Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998).].
Chapter VI
Procedure
89. Presidency at meetings of Panchayat.
90. Meetings of Panchayat.
- Every Panchayat shall meet at such times and places and shall, subject to the provisions of section 89, observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) [as may be prescribed] [See Rules issued in G.O. Ms. No. 167, Rural Development (C4), dated 9th August, 1999 at page 595 of this book and in GO. Ms. No. 260, Rural Development (C4), dated 17th December, 1999 at page 815.]:Provided that not more than sixty days shall elapse between any two meetings of the Panchayat.91. Members when to abstain from taking part in discussion and voting.
92. Minutes of proceedings.
- A copy of the minutes of the proceedings of every meeting of a Panchayat as well as all minutes of dissent in respect of such proceedings received from any member present at the meeting, within forty-eight hours of the close, thereof, shall be submitted by the President or Chairman, as the case may be, within three days of the date to the meeting to the Inspector:Provided that the Inspector may direct that such minutes shall be submitted either generally or in any specified classes of cases to any officer empowered by him in this behalf.93. Power of Panchayat to call for records.
- A Panchayat may require the Executive Authority or the Commissioner or the [Secretary] [Substituted for the words 'Chief Executive Officer' by Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998).], as the case may be, to produce any document which is in his custody and he shall, subject to [such rules as may be prescribed] [See Rules issued in G.O. Ms. No. 118, Rural Development (C4), dated 5th July, 1999 at page 549 of this book.], comply with every such requisition.94. Proceedings of Panchayat and Committees.
95. Appointment of joint committees.
96. Committees.
97. Standing Committees.
98. Administration reports of Village Panchayats.
99. Administration report of Panchayat Union Councils and District Panchayats.
100. Acts of Village Panchayat, Panchayat Union Council and District Panchayat, etc., not to be invalidated by infirmity, vacancy, etc.
- No act of a Village Panchayat or of a Panchayat Union Council or of a District Panchayat or of a Committee thereof or of any person acting as President, Vice-President, Chairman, Vice-Chairman or Member of such Village Panchayat or Panchayat Union Council or District Panchayat or Committee, shall be deemed to be invalid by reason only of a defect in the establishment of such Panchayat or Committee, as the case may be, or on the ground that the President, Vice-President, Chairman, Vice-Chairman or Member of such Village Panchayat or Panchayat Union Council or District Panchayat or Chairman or Member of a Committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or by reason of such act having been done during the period of any vacancy in the office of President, Vice-President, Chairman, Vice-Chairman or member of such Village Panchayat, Panchayat Union Council or District Panchayat or Committee.Chapter VI
A [Chapter VI-A inserted by Tamil Nadu Panchayats (Third Amendment) Act, 2004 (Tamil Nadu Act 39 of 2004) w.e.f. 14-6-2004 and omitted by Tamil Nadu Panchayats (Fifth Amendment) Act, 2006 (Tamil Nadu Act 17 of 2006) w.e.f. 14-7-2006.]
Chapter VII
Establishment, Powers and Functions of Panchayats
101. Establishment of Panchayats.
102. Conditions of service of officers and servants of Panchayats.
103. Appointment of common officers.
- Two or more Village Panchayats or two or more Panchayat Union Councils may, subject to such Rules as may be prescribed, and shall if so required by any authority empowered in [this behalf by Rules] [See Rules issued in G. O. Ms. No. 139, Rural Development (C4), dated 21st July, 1999, page 559 and published in Part-III, section 1(a) of the Tamil Nadu Government Gazette Extraordinary, dated 23rd July, 1999.], appoint the same officer or servant to exercise or discharge any powers or duties of a similar nature for both or all of them.104. Transfer of officers and servants of Village Panchayats and Panchayat Union Councils.
105. Power of Government to transfer officers and servants of District Panchayats.
106. Power to punish officers and servants.
- Subject to such control as may be prescribed, the Executive Authority, the Commissioner or the [Secretary] [Substituted for the words 'Chief Executive Officer' by Tamil Nadu Panchayats (Third Amendment) Act, 1998 (Tamil Nadu Act 28 of 1998).] may censure, fine, withhold increments or promotions from, or reduce to a lower rank in the seniority list, or to a lower post or time-scale or to a lower stage in a time-scale, suspend, remove or dismiss any officer or servant in the service of Village Panchayat or Panchayat Union Council or the District Panchayat, as the case may be, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct.107. Applicability of certain directions to public health establishment.
- Subject to the provisions of section 109, the provisions of sections 101 to 106 shall also apply to the public health establishments of Panchayats, notwithstanding anything contained in the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939).108. Teachers including headmasters and basic servants in the Panchayat Union Schools to be Government servants.
109. Health assistants, auxiliary nurses, mid- wives and maternity assistants in public health establishments of Panchayat Union Council to be Government servants.
Chapter VIII
Functions, Powers and Property of Village Panchayats, Panchayat Union Councils and District Panchayats
110. Duty of Village Panchayat to provide for certain matters.
- Subject to the provisions of this Act and the Rules made thereunder, it shall be the duty of Village Panchayat, within the limits of its funds, to make reasonable provision for carrying out the requirements of the Panchayat Village in respect of the following matters, namely: -111. Power of Village Panchayat to provide for certain other matters.
- Subject to the provisions of this Act and the Rules made thereunder, a Village Panchayat may also make such provisions as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely: -112. Duty of Panchayat Union Council to provide for certain matters.
- Subject to the provisions of this Act and the Rules made thereunder, it shall be the duty of a Panchayat Union Council, within the limits of its funds, to make reasonable provision for carrying out the requirements of the Panchayat Union in respect of the following matters, namely: -113. Entrustment of execution of National Extension Service Scheme of Community Development to Panchayat Union Councils.
- The Government shall, as soon as may be after the constitution of a Panchayat Union Council for a Panchayat Development Block under this Act, entrust to the Panchayat Union Council subject to such conditions and restrictions as may be specified by the Government, the execution in the Panchayat Development Block of the National Extension Service Scheme of Community Development, including in particular, all measures relating to the development of agriculture, animal husbandry and village industries organised on an individual or co-operative basis.114. Entrustment of certain schemes to Panchayat Union Councils.
115. Power of Panchayat Union Council to provide for certain other matters.
- Subject to the provisions of this Act and the Rules made thereunder, a Panchayat Union Council may, within the limits of its funds, make such provision as it thinks fit for carrying out the requirements of the Panchayat Union in respect of measures of public utility other than those specified in section 112, calculated to promote the safety, health, comfort or convenience of the inhabitants of the Panchayat Union:[***] [[The following proviso was omitted by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).'Provided that nothing in this section shall apply to water supply for non-irrigation purposes and to sewerage.']]116. Common burial and burning grounds, etc.
- Subject to the provisions of this Act and the [Rules] [See Rules issued in G.O. Ms. No. 213, Rural Development (C4), dated 5th October, 1999. Published in Tamil Nadu Government Gazette (Extraordinary), Part III, section 1(a), dated 8th October, 1999.] made thereunder, two or more Village Panchayats -117. Lighting of public roads and public places.
- Notwithstanding anything contained in clause (b) of section 111, the Government may, by general or special order, direct any [Village Panchayat or Panchayat Union Council or District Panchayat] [Substituted for the words 'Village Panchayat or Panchayat Union Council' by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).] to provide for the lighting of public roads and public places within its jurisdiction and it shall be the duty of the [Village Panchayat or Panchayat Union Council or District Panchayat] [Substituted for the words 'Village Panchayat or Panchayat Union Council' by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).] to provide for such light:Provided that where such a direction is given, the Government shall make such provision for the cost of lighting as they may consider reasonable and the decision of the Government shall be final.118. Maintenance of common dispensaries, child welfare centres, etc.
- Subject to the provisions of this Act and the Rules made thereunder, two or more Panchayat Union Councils may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be prescribed.119. Transfer of immovable property, management of institutions, execution of maintenance of works, etc., to a Village Panchayat.
120. Transfer to Village Panchayat of unreserved forests.
121. Power of Government to resume possession of unreserved forest vested in Village Panchayat and payment of compensation, etc.
122. Power of Commissioner of Land Administration to transfer or resume control of endowments and inams.
123. Government's power to add to functions of Panchayat Union Council.
- Subject to such Rules as may be prescribed, [the Government, the Director of Rural Development or any other Head of Department or the Collector] [Substituted for the words 'the Government, the Commissioner of Land Administration, the Collector or Revenue Divisional Officer' by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).] or any person or body of persons may transfer to the Panchayat Union Council with its consent and on such terms as may be agreed upon, the management of any institution or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty whether within or without the Panchayat Union Council and whether provided for in this Act or not.124. Limitation of power to accept donations and trusts.
- A Panchayat may accept donations for, or trusts relating exclusively to, the furtherance of any purpose to which its funds may be applied.125. Vesting of public roads in Village Panchayat.
126. Vesting of public roads in Panchayat Union Councils.
127. Duty of Village Panchayat in respect of public roads excluded from the operation of the Act.
- Where any public road has been excluded from the operation of this Act under sub-section (2) of section 125 or sub-section (2) of section 126 and placed under the control of the Highways Department of Government (hereinafter referred to as the Highways Department), the Village Panchayat may and, if so required by the Government, shall make provision -128. Precautions in case of dangerous structures.
129. Precautions in case of dangerous trees.
130. Fencing of buildings or lands and pruning of hedges and trees.
- Where a public road is vested in a Panchayat Union Council or Village Panchayat, the Commissioner or Executive Authority may, by public notice, require the owner or occupier of any building or land near such road to -131. Prohibition against obstructions in or over public roads, etc.
131A. [ Prohibition of erection of certain hoardings. [Inserted by Tamil Nadu Panchayats (Third Amendment) Act, 2000 (Tamil Nadu Act 27 of 2000).]
- Notwithstanding anything contained in this Act or in any other law for the time being in force, -132. Vesting of communal property or income in Village Panchayat.
- Any property or income including any fishery right which by custom belongs to, or has been administered for the common benefit of the inhabitants of the village or of the holders in common of village land generally or of the holders of lands of a particular description or of the holders of lands under particular source of irrigation shall, if so declared by the Government, vest in the Village Panchayat and be administered by it for the benefit of the inhabitants or holders aforesaid.133. Maintenance of irrigation works, execution of kudimaramat, etc.
134. Village Panchayat to regulate the use of certain porambokes in ryotwari tracts.
135. Village Panchayat to regulate the use of certain communal lands in estates governed by the Tamil Nadu Estates Land Act, 1908.
136. Collected rubbish, etc., to belong to Village Panchayat.
- All rubbish, filth and other matter collected by a Village Panchayat under this Act shall belong to it.137. Immovable property required by Village Panchayats and Panchayat Union Councils may be acquired under the Land Acquisition Act, 1894.
- Any immovable property which any Village Panchayat or Panchayat Union Council is authorised by this Act or any Rules made thereunder to acquire may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the Village Panchayat or Panchayat Union Council, as the case may be.138. Contributions from persons having control over places of pilgrimage, etc.
- Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fair or festivals or for other like purposes is situated within the limits of a village or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangement necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the Village Panchayat; but the Government may, after consulting the trustee or other person having control over such place, require him to make such recurring or nonrecurring contribution to the funds of the Village Panchayat as they may determine.139. Power to order closure of places of public entertainment.
- In the event of the prevalence of any dangerous disease within a Panchayat Development Block or a Village, the Commissioner may, by notice, require the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as they may fix.140. Minor suffering from dangerous disease not to attend schools.
- No person being the parent or having the care or charge of a minor who is or has been suffering from dangerous disease or has been exposed to infection therefrom shall, after a notice from the Commissioner or any person duly appointed by such Commissioner in this behalf that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the Commissioner or such person or a registered medical practitioner a certificate that in his opinion such minor may attend without risk of communicating such disease to others.Explanation. - In this section and section 139, "dangerous disease" means an infectious disease within the meaning of section 52 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939), which is notified as a dangerous disease by the Government.141. Compulsory vaccination.
- The Panchayat Union Council shall enforce vaccination throughout the Panchayat Union and it may enforce re-vaccination throughout the Panchayat Union or in any part thereof, in respect of such persons, to such extent, and in such manner, as may be prescribed.142. Obligation to give information of smallpox or cholera.
- Where an inmate of any dwelling place is suffering from smallpox or cholera, the head of the family to which the inmate belongs and, in default, the occupier or person in charge of such place, shall give intimation of the fact to the Commissioner or the Village Administrative Officer with the least possible delay.143. Precautions in case of dangerous tanks, wells, holes, etc.
143A. [ Grant of permit to sink well. [Inserted by Act No. 22 of 2014, dated 2.9.2014.]
143B. [ Grant of certificate of registration. [Inserted by Act No. 22 of 2014, dated 2.9.2014.]
144. Removal of filth or noxious vegetation from lands and buildings.
145. Power of Commissioner or Executive Authority to use or sell materials of dangerous structure taken down, etc.
146. Limitation of compensation.
- No person shall be entitled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by the authorities of a Panchayat Union Council or a Village Panchayat in pursuance of their powers under this Chapter.147. Public markets.
148. Licensing of private markets.
149. Decision of disputes as to whether places are markets.
- If any question arises as to whether any place is a market or not, the Village Panchayat or Panchayat Union Council, as the case may be, shall make a reference thereon to the Government and their decision shall be final.150. Prohibition of sale in un-licensed private markets, etc.
- No person shall sell or expose for sale any animal or article -151. Prohibition against sale in public roads.
- The Executive Authority or Commissioner may, with the sanction of the Village Panchayat or Panchayat Union Council, as the case may be, prohibit by public notice or licence or regulate the sale or exposure for sale of any animal or article in or upon any public road or place or part thereof.152. Classification of markets.
- The Government shall have power to classify public and private markets situated in a Panchayat Development Block as Panchayat Union markets and Village Panchayat market, and provide for the control of any such market, and for the apportionment of the income derived therefrom between the Panchayat Union Council and the Village Panchayat or the payment of a contribution in respect thereof to the Village Panchayat or the Panchayat Union, as the case may be.It shall be open to the Government to revise, from time to time, the apportionment of income ordered or the contribution directed to be paid under this section if such revision is recommended by the District Panchayat.153. Acquisition of right of persons to hold private market.
154. Public landing places and cart-stands, etc.
- Subject to such Rules as may be prescribed, the Village Panchayat may -155. Private cart-stand.
156. Public slaughter-houses.
- A Village Panchayat may provide places for use as public slaughter-houses and charge rents and fees for their use.157. Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers.
- The Government shall have power to make Rules for -158. Numbering or naming of building, etc.
159. Purposes for which places may not be used without a licence.
160. Permission for construction of factories and the installation of machinery.
- No person shall, without the permission of the Panchayat Union Council in Panchayat Villages and except in accordance with the conditions specified in such permission, -161. Power of Government to make rules in respect of the grant and renewal of licences and permissions.
162. Modification of the Tamil Nadu Places of Public Resort Act, 1888.
- Notwithstanding anything contained in the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888), when the Government extend that Act to any village, or part thereof -163. Functions of District Panchayat.
164. General powers of District Panchayat.
- For the purpose of efficiently performing its functions under this Act, every District Panchayat may, within the limits of its jurisdiction,-165. Annual report of District Panchayat.
166. Returns and reports of District Panchayat.
- Every District Panchayat shall furnish to the Government such returns, reports, statistics and other informations with respect to its activities as the Government may, from time to time, require.166A. [ Annual report of the functioning of panchayats. [Inserted by Tamil Nadu Panchayats (Fourth Amendment) Act, 2008 (Tamil Nadu Act 34 of 2008.]
- The Government shall lay on the table of the Legislative Assembly, an annual report of the functioning of the panchayats in the State.]Chapter IX
Taxation And Finance
167.
[Omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 2009 (Tamil Nadu Act 12 of 2009)].168.
[Omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 2009 (Tamil Nadu Act 12 of 2009)].169. Orders regarding collection of [***] [The words 'Local Cess, Local Cess Surcharge and' was omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 2009 (Tamil Nadu Act 12 of 2009).] surcharge on the Duty on transfers of property.
- The Government may make rules not inconsistent with this Act, -170. Land revenue assignment.
- The Government shall pay to each Panchayat Union Council a sum representing one rupee for each individual of the population of the Panchayat Development Block concerned from out of the total land revenue (including water-cess) collected in the State during that year. The sum thus credited to the Panchayat Union Council shall be referred to as the Land Revenue Assignment of that block.171. Taxes leviable by Village Panchayats.
172. House-tax.
172A. [ Levy and collection of advertisement tax. [Sections 172-A and 172-B were inserted by Tamil Nadu Panchayats (Sixth Amendment) Act, 1999 (Tamil Nadu Act 32 of 1999).]
- Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoardings or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever in any place whether public or private, in the Panchayat Village shall pay on every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax calculated at such rates and in such manner as the [Collector] may, determine in accordance with such rule [as may be prescribed] [See Rules issued in G.O. Ms., No. 218, Rural Development (C4), dated 14th October, 1999. Published in Tamil Nadu Government Gazette (Extraordinary), Part III, section 1(a), dated 15th October, 1999.]:Provided that the rates shall be subject to the rates that may be prescribed by the Government and different rates may be prescribed for different Village Panchayats taking into consideration the location, the size of the advertisement board, the period and the types of advertisements:Provided further that no tax shall be levied under this section on any advertisement or a notice -172B. Prohibition of advertisements.
- No advertisement shall, after the levy of tax under section 172-A as determined by the [Collector] [Substituted for the words 'Village Panchayat' by the Tamil Nadu Panchayats (Eight Amendment) Act, 2008 (Tamil Nadu Act 58 of 2008).] be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the Panchayat Village, or shall be displayed in any manner whatsoever in any place except in accordance with the rules made under this Act:Provided that the [Collector] [Substituted for the words 'Village Panchayat' by the Tamil Nadu Panchayats (Eight Amendment) Act, 2008 (Tamil Nadu Act 58 of 2008).] shall regulate the height of the advertisement in the Panchayat Village and shall remove such objectionable advertisement in such manner [as may be prescribed] [See Rules issued in G.O. Ms. No. 218, Rural Development (C4), dated 14th October, 1999 and published in Part III, section 1(a), of the Tamil Nadu Government Gazette Extraordinary, dated 15th October, 1999.]:Provided further that the Government may, by notification, prohibit advertisements in any place within any Panchayat Village.]173.
[Section 173 was omitted by Tamil Nadu Panchayats (Amendment) Act, 1995 (Tamil Nadu Act 29 of 1995)]174. Appeal against assessments.
- An appeal shall lie to such authority and within such time, [as may be prescribed] [See Rules issued in G.O. Ms. No, 255, Rural Development (C4), dated 13th December, 1999 and published in Part III, section 1(a), of the Tamil Nadu Government Gazette Extraordinary, dated 27th December, 1999.], against any assessment of tax made in pursuance of [sections 171,172 and 172-A] [Substituted for the words 'sections 171 and 172' by Tamil Nadu Panchayats (Sixth Amendment) Act, 1999 (Tamil Nadu Act 32 of 1999).].175. Duty on transfer of property.
| (i) Sale of immovable property. | The market value of the property as set forth inthe instrument, and in a case where the market value is finallydetermined by any authority under section 47-A of the IndianStamp Act, 1899 (Central Act II of 1899), the market value as sodetermined by such authority. |
| (ii) Exchange of immovable property. | The market value of the property of the greatervalue as set forth in the instrument, and in a case where themarket value is finally determined by any authority under section47-A of the Indian Stamp Act, 1899 (Central Act II of 1899), themarket value as so determined by such authority. |
| (iii) Gift of immovable property. | The market value of the property as set forth inthe instrument, and in a case where the market value is finallydetermined by any authority under section 47-A of the IndianStamp Act, 1899 (Central Act II of 1899), the market value as sodetermined by such authority. |
| (iv) Mortgage with possession of immovableproperty. | The amount secured by the mortgage as set forthin the instrument. |
| (v) Lease in perpetuity of immovable property. | An amount equal to the one-sixth of the wholeamount or value of the rent which would be paid or delivered inrespect of the first fifty years of the lease, as set forth inthe instrument. |
| (vi) [ Release of Benami right in favour ofpersons excepted under sub-section (3) of section 4 of the BenamiTransactions (Prohibition) Act, 1988 (Central Act 45 of 1988), ofimmovable property. [Added by Tamil Nadu Panchayats (Fifth Amendment) Act, 1997 (Tamil Nadu Act 62 of 1997).] | The market value of the property as set forth inthe instrument and in a case where the market value is finallydetermined by any authority under section 47-A of the IndianStamp Act, 1899 (Central Act 11 of 1899) the market value as sodetermined by such authority. |
| (vii) Settlement of immovable property otherthan in favour of a member or members of a family. | The market value of the property as set forth inthe instrument and in a case where the market value is finallydetermined by any authority under section 47-A of the IndianStamp Act, 1899 (Central Act II of 1899), the market value as sodetermined by such authority. |
| Explanation.- For the purpose of thisitem, the word "family" shall have the same meaning asin the Explanation to item (i) of clause (a) of Article 58 inSchedule I of the Indian Stamp Act, 1899 (Central Act II of 1899)as amended by the Indian Stamp (Tamil Nadu Amendment) Act, 1981(Tamil Nadu Act 42 of 1981)]. |
175A. [ Apportionment of Entertainments Tax among Panchayats. [Section 175-A inserted by Tamil Nadu Panchayats (Third Amendment) Act, 2007 (Tamil Nadu Act 23 of 2007) w.e.f. 8th June 2007.]
- Notwithstanding anything contained in section 13 of the Tamil Nadu Entertainments Act, 1939 (Tamil Nadu Act X of 1939) so far as Panchayats are concerned, ten per cent of the proceeds of the tax under section 4, section 4-F and section 4-H of that Act collected every year shall be credited to the Government and the balance of ninety per cent shall be distributed among Village Panchayats, Panchayat Union Councils and District Panchayats in such proportions as the Government may fix.]176. Exemption.
- No exemption from the payment of any [surcharge or tax specified in section 171 shall be granted by the village panchayat] [Substituted for the words 'surcharge or tax specified in section 168 or 171 shall be granted by the Village Panchayat or the Panchayat Union Council' by the Tamil Nadu Panchayats (Fourth Amendment) Act, 2009 (Tamil Nadu Act 12 of 2009).] except in accordance with such rules [as may be prescribed] [See Rules issued in G.O. Ms. No. 255, Rural Development (C4), dated 13th December, 1999. Published in Tamil Nadu Government Gazette (Extraordinary), Part III, section 1(a), dated 27th December 1999.]:Provided that, in any particular case, such exemption may be granted with the previous sanction of the Government.177. Power to require land revenue staff to collect taxes and fees due to Village Panchayats.
- Subject to such rules as may be prescribed, the Executive Authority or the Commissioner shall have power to require the staff of the Land Revenue Department to prepare at quinquennial intervals a house-tax assessment Register in such form as may be prescribed and to collect any tax or fee due to the Village Panchayat or Panchayat Union Council on payment of such remuneration not exceeding 6-1/4 per cent of the gross sum collected as the Collector may, by general or special order, determine.178. Write-off of irrecoverable amounts.
- Subject to such restrictions and control [as may be prescribed] [See Rules issued in G.O. Ms. No. 244, R.D., dated 2nd December 1999 in G O. Ms. No. 206, R.D., dated 17th August 2000.], a Village Panchayat or Panchayat Union Council may write-off any tax, fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion such tax, fee, amount or sum is irrecoverable:Provided that where the Collector or any of his subordinates is responsible for the collection of any tax, fee or other amount due to a Village Panchayat or Panchayat Union Council the power to write-off such tax, fee or amount or any sum payable in connection therewith, on the ground of its being irrecoverable, shall be exercised by the Commissioner of Land Administration or subject to his control, by the Collector or any officer authorized by him.179. Local Education Grant.
- The Government shall pay annually to every Panchayat Union Council a Local Education Grant the amount of which shall be calculated as follows: -The total amount of expenditure approved by the Government for being debited to the Panchayat Union (Education) Fund shall be divided into slabs in the manner specified below: -So much of the expenditure as may be equal to the land revenue assignment of the block referred to in section 170 shall constitute the first slab.So much of the expenditure as may be in excess of the first slab subject to a maximum of 250 paise for each individual of the population of the Panchayat Development Block concerned shall constitute the second slab.To each Panchayat Union Council, the Government shall make a Local Education Grant which shall be a proportion of the second slab not less than fifty per cent and not more than eighty per cent as may be specified by the Government in respect of that block.180.
[Section 180 was omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 1999 (Tamil Nadu Act 30 of 1999).]181. Classification of Panchayat Development Blocks.
- For the purpose of sanctioning grants to Panchayat Union Councils, the Government may classify Panchayat Development Blocks in such manner as they may deem fit once in every five years and it shall be open to the Government to sanction grants at varying rates for the different classes of Panchayat Development Blocks. It shall also be open to the Government to revise the classification of Panchayat Development Blocks once in every five year.181A. [ Deposit of fund of Panchayat. [Inserted by Tamil Nadu Panchayats (Second Amendment) Act, 2000 (Tamil Nadu Act 23 of 2000).]
- Any Panchayat having surplus fund shall, with the prior approval of the Inspector, deposit such surplus fund in any of the financial institutions specified by the Government:Provided that no such deposit shall be made when there is need to utilise this fund for administration or development work during the next twelve months.]181B. [ Grant or loan for scheme or project. [Inserted by Tamil Nadu Panchayats (Second Amendment) Act, 2000 (Tamil Nadu Act 23 of 2000).]
181C. [ Raising of loan by Panchayat. [Inserted by Tamil Nadu Panchayats (Second Amendment) Act, 2000 (Tamil Nadu Act 23 of 2000).]
- Every Panchayat shall be competent to raise loan in full or in part from any Financial Institution or agency or bank for any of the following purposes, subject to the conditions imposed by the Government in this behalf, namely: -181D. [ Procedure for inter-Panchayats lending. [Inserted by Tamil Nadu Panchayats (Second Amendment) Act, 2000 (Tamil Nadu Act 23 of 2000).]
182.
[Section 182 was omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 1999 (Tamil Nadu Act 30 of 1999).]183.
[Section 183 was omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 1999 (Tamil Nadu Act 30 of 1999).]184.
[Section 184 was omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 1999 (Tamil Nadu Act 30 of 1999).]185. Constitution of Panchayat Union Fund and Village Panchayat Fund.
- There shall be constituted -186. Panchayat Union (General) Fund.
- The receipts which shall be credited to the Panchayat Union (General) Fund shall include -187. Panchayat Union (Education) Fund.
- The receipt which shall be credited to the Panchayat Union (Education) Fund shall include -188. Village Panchayat Fund.
- [(1)] [Re-numbered as sub-section (I) by Tamil Nadu Panchayats (Third Amendment) Ad, 1997 (Tamil Nadu Act 54 of 1997).] The receipts which shall be credited to the Village Panchayat Fund shall include -(a)[ the house-tax and any other tax or any cess or fees levied under sections 171 and 172;] [Substituted for the words 'the house-tax, the vehicle-tax and any other tax or any Cess or Fee, levied under sections 171 to 173' by Tamil Nadu Panchayats (Amendment) Act, 1995 (Tamil Nadu Act 29 of 1995).](b)[ the profession tax levied by Village Panchayats under Chapter IX-A;] [[Substituted for the following clause (b) by Tamil Nadu Panchayats (Fourth Amendment) Act, 1999 (Tamil Nadu Act 30 of 1999):'(b) the profession tax levied by Village Panchayats under the Tamil Nadu Tax on Professions, Trades, Callings and Employments Act, 1992 (Tamil Nadu Act 24 of 1992);']](c)[***] [Clause (c) 'The proceeds of the duty on transfers of property levied under section 175' omitted by Tamil Nadu Panchayats (Third Amendment) Act, 2007 (Tamil Nadu Act 23 of 2007) w.e.f. 8th June 2007.](d)[ the proportionate share of the proceeds of the [***] [Clause (d) substituted by Tamil Nadu Panchayats (Third Amendment) Act, 2007 (Tamil Nadu Act 23 of 2007) w.e.f. 8th June 2007.] surcharge on the duty on transfers of property and Entertainments Tax received by the Village Panchayat under sections 169 and 175-A;](e)[***] [Clause (e) 'In respect of Village Panchayat Fund, the Village House-Tax Matching Grant' omitted by Tamil Nadu Panchayats (Fourth Amendment) Act, 1999 (Tamil Nadu Act 30 of 1999).](f)the taxes and tolls levied in the village under sections 117 and 118 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act VIII of 1939);(g)fees levied in public markets classified as Village Panchayat markets after deducting the contributions, if any, paid by the Village Panchayat to the Panchayat Union Council on the scale fixed by the Government;(h)the contribution paid to the Village Panchayat by Panchayat Union Councils in respect of markets classified as Panchayat Union markets;(i)fees for the temporary occupation of village-sites, roads and other similar public places of parts thereof in the Panchayat Village;(j)fees levied by the Village Panchayat in pursuance of any provision of this Act or any rule or order made thereunder;(k)income from endowments and trusts under the management of the Village Panchayat;(l)the net assessment on service inams which are resumed by the Government;(m)[***] [[Clause (m) omitted by Tamil Nadu Panchayats (Third Amendment) Act, 2007 (Tamil Nadu Act 23 of 2007) w.e.f 8th June 2007. Before omission it was as follows:(m)the proportionate share of the proceeds of the Entertainments Tax received by the Village Panchayat under section 13 of the Tamil Nadu Entertainments Tax Act, 1939 (Tamil Nadu Act X of 1939);]](n)income derived from Panchayat Village fisheries;(o)income derived from ferries under the management of the Village Panchayat;(p)unclaimed deposits and other forfeitures;(q)a sum equivalent to the seigniorage fees collected by the Government every year from persons permitted to quarry for road materials in the Panchayat Village;(r)all income derived from porambokes the user of which is vested in the Village Panchayat;(s)where the Panchayat Village is in a ryotwari tract, all income derived from trees standing on porambokes although the user of the porambokes is not vested in the Village Panchayat;(t)income from leases of Government property obtained by the Village Panchayat;(u)fines and penalties levied under this Act by the Village Panchayat or at the instance or on behalf of the Village Panchayat;(v)all sums other than those enumerated above which arise out of, or are received in aid of or for expenditure on any institutions or services maintained or financed from the Village Panchayat fund or managed by the Village Panchayat;(w)[ such other moneys as may be specified by the Government.] [Substituted for the expressions: 'all other moneys received by the Village Panchayat' vide Tamil Nadu Panchayats (Sixth Amendment) Act, 2007 (Tamil Nadu Act 25 of 2007) w.e.f. 8th June 2007.]189. District Panchayat (General) Fund.
190. Application of moneys received and expenditure from funds.
- All moneys received by the Panchayat Union Council and the Village Panchayat shall be applied and disposed of in accordance with the provisions of this Act and other laws:Provided that the Panchayat Union Council or the Village Panchayat shall have power, subject to such rules as may be prescribed, to direct that the proceeds of any tax or additional tax levied under this Act shall be earmarked for the purpose of financing any specific public improvement. A separate account shall be kept of the receipts from every such tax or additional tax and the expenditure thereof.191. Expenditure from Village Panchayat Fund and Panchayat Union Fund.
192. Preparation and sanction of budgets.
193. Appointment of Auditors.
194. Contribution to expenditure by other local authorities.
- If the expenditure incurred by the Government or by any Panchayat Union Council or by any Village Panchayat or by any other local authority in the State for any purpose authorised by or under this Act, is such as to benefit the inhabitants of the Panchayat Union or Panchayat Village, the Panchayat Union Council or the Village Panchayat, as the case may be, may, with the sanction of the Inspector, and shall, if so directed by him, make a contribution towards such expenditure.195. Recovery of loans and advances made by Government.
196. Application of certain sections of this Act to District Panchayat.
- The provisions of sections 190, 191, 192, 194 and 195 (both inclusive) shall, in as far as may be, apply in relation to the District Panchayat as they apply in relation to Village Panchayat and Panchayat Union Council.197. Certain powers and functions of District Panchayat to be notified by the Government.
198. Finance Commission.
198A. Definitions.
- For the purposes of this Chapter, -198B. Levy of profession tax.
| SI. No. | Average half-yearly income | Half-yearly tax | |
| From | To | ||
| (1) | (2) | (3) | |
| 1. | Rs. Up to 21,000 | Rs. ... | Rs. Nil |
| 2. | 21,001 | 30,000 | 60 |
| 3. | 30,001 | 45,000 | 150 |
| 4. | 45,001 | 60,000 | 300 |
| 5. | 60,001 | 75,000 | 450 |
| 6. | 75,001 and above | ... | 600 |