Rural Development & Panchayat Raj - Panchayat Raj : TN Panchayats Act

Formation and Constitution of Village Panchayats, Panchayat union councils and District Panchayats

(a) shall, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages ¹[***] as a Panchayat Village for the purposes of this Act; and

(2) (a) The Inspector may, by Notification, exclude from a Panchayat Village any area comprised therein, ²[***].

³[(b) In regard to any area excluded under clause (a), the Inspector may by notification under sub-section(1), declare it to be a Panchayat Village or include it in any contiguous Panchayat Village under clause (c)(i).]

(d) Before issuing a notification under clause (a) or under clause (b) read with sub-section(1) or under clause (c), the Inspector shall give the Village Panchayat or Village Panchayats which will be affected by the issue of such notification, a reasonable opportunity of showing cause against the proposal and shall consider the explanations and objections, if any, of such Village Panchayat or Village Panchayats.

(3) Any rate-payer or inhabitant of such area or any Village Panchayat concerned, may, if he or it objects to any notification under sub-section(1) or sub-section(2), appeal to the Government within such period as may be prescribed.

(a) as to the disposal of the property vested in a Village Panchayat which has ceased to exist and the discharge of its liabilities;

(b) as to the disposal of any part of the property vested in Village Panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the Village Panchayat relating to such property or arising from such local area.

(5) An order made under sub-section (4) may contain such supplemental, incidental and consequential provisions as the Inspector may deem necessary, and in particular may direct –

(i) that any tax, fee or other sum due to the Village Panchayat or where a Village Panchayat has ceased to exercise jurisdiction over any local area, such tax, fee or other sum due to the Village Panchayat as relates to that area shall be payable to such authorities as may be specified in the order;

(ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date on which the Village Panchayat ceased to exist or, as the case may be, on the date on which the Village Panchayat cease to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.

⁴[4-A. Special provisions relating to Town Panchayat constituted as Village Panchayat.- (1) Notwithstanding anything contained in this Act,-

(a) the Chairman and members of a Town Panchayat holding office as such immediately before the date of constitution of such Town Panchayats as Village Panchayat under this Act consequent on the cancellation or modification of the notification declaring it as Town Panchayat under Section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), shall be deemed to be the elected President and members of such Village Panchayat under this Act and such President and members shall continue to hold office upto such date as the Government may, by notification, fix in this behalf or in case no such date is fixed, upto the date on which their term of office would expire under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), if they had been elected as Chairman or members of the Town Panchayat and such President and members shall exercise all powers and perform all duties conferred on the President and members by or under provisions of this Act;

Provided that such Village Panchayat shall have no representation in the Panchayat Union Council or the District Panchayat, as the case may be, till such President and members of the Village Panchayat continue to hold office as such President and members under this sub-section;

(b) all the employees, other than the provincialised employees, of the Town Panchayat immediately before its constitution as Village Panchayat shall be the employees of such Village Panchayat under this Act. The provincialised employees shall continue to serve under the Village Panchayat and they shall be transferred by the Director of Town Panchayats within three months from the date on which such Village Panchayat is constituted under this Act.

(2) Subject to the provisions of sub-section (1), the provisions of this Act and the Rules made thereunder shall apply to the Village Panchayat referred to in sub-section (1).]

2. The words “provided that a population of the Panchayat Village after such exclusion is not less than five hundred” were omitted by the Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006.

5. Extension of provisions of Tamil Nadu District Municipalities Act, 1920 or of any Rules made thereunder. – (1) The Inspector, may, whether at the request of the Village Panchayat or otherwise, by notification, declare that any of the provisions of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or of any Rules made thereunder, shall be extended to, and be in force, in, the Panchayat Village or any specified area therein.

(2) The provisions so notified shall be construed with such alterations (not affecting the substance) as may be necessary or proper for the purpose of adapting them to the Panchayat Village or specified area therein.

(3) Without prejudice to the generality of the foregoing provision, all references in the provisions so notified to a Municipal Council or the Chairman or the Executive Authority thereof shall be construed as references to the Village Panchayat or the President or the Executive Authority of the Village Panchayat and all references to any officer or servant of a Municipal Council as references to the corresponding officer or servant of the Village Panchayat, and all references to the municipal limits as references to the limits of the Panchayat Village or specified area therein, as the case may be.

6. Constitution of village panchayats and their incorporation. – (1) A Village Panchayat shall be constituted for each Panchayat Village consisting of such number of elected members, with effect from such date as may be specified in the notification issued in that behalf by the Inspector.

(2) Subject to the provisions of this Act, the administration of the Panchayat Village shall vest in the Village Panchayat but the Village Panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its President or to any Panchayat Union Council or the District Panchayat or other authority.

(3) Every Village Panchayat shall be a body corporate by the name of the Panchayat Village specified in the notification issued under Section 4, shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

(5) The Government, may by notification, classify the ³[***] Village Panchayats into various grades for the purpose of effective administration of the said Village Panchayats as in accordance with such norms as may be prescribed. ]

2. Sub-section (4) omitted by Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006. Before omission it was as follows:-

(4) The Village Panchayats constituted under this Act on or after the 14^th day of June 2004 consequent on the cancellation of the notification declaring them as Town Panchayats or Third Grade Municipalities, as the case may be, under Section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) shall be called as Special Village Panchayats and the rest of the Village Panchayats constituted under this Act shall be called as Village Panchayats.

3. In sub-section (5) the expression “Special Village Panchayats referred to in sub-section (4) and” - Omitted by Tamil Nadu Act 17 of 2006 w.e.f 14.7.2006.

7. Alteration of classification of Panchayat Villages. – (1) The Government may alter any classification notified under sub-section (1) of Section 4, ¹[***].

(2) Any decision made by the Government under this section shall not be questioned in a Court of law.

8. Strength of a Village Panchayat. – (1) Notwithstanding anything contained in Section 12 or any other provisions of this Act, the total number of members of a Village Panchayat (exclusive of its President) shall be notified by the Inspector in accordance with such scale as may be prescribed with reference to population of the Panchayat Village concerned, as ascertained at the last preceding census of which the relevant figures have been published.

(2) The Inspector may, from time to time, by notification, alter the total number of members of a Village Panchayat notified under sub-section (1).

(3) The number notified under sub-section (1) or the number as altered by notification under sub-section (2) shall not be less than five or more than ¹[fifteen].

9. Duration of Village Panchayats. – (1) Every Village Panchayat unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.

(2) Where a Village Panchayat is dissolved before the expiration of the said period of five years, election to constitute such Village Panchayat shall be completed in accordance with the provisions of Section 214 as soon as may be, and in any case before the expiration of a period of six months from the date of such dissolution;

Provided that where a Village Panchayat is dissolved within six months before the expiration of the said period of five years, it shall not be necessary to hold any election to such Village Panchayat.

¹[9-A. Appointment of Special Officer in certain circumstances.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, in respect of Village Panchayats specified in Schedule-VI, which ²[could not be constituted] even after resorting to election process, the Government may, by notification, appoint Special Officers to exercise the powers and discharge the functions of the Village Panchayats, until the day on which the first meeting of the Village Panchayats are held after elections to the said Village Panchayats.

(2) The Special Officer appointed under sub-section (1) shall hold office only ³[upto the 24^th day of April, 2004], ⁴[24^th day of October, 2004], ⁵[24^th day of April 2005], ⁶[24^th day of October 2005], ⁷[24^th day of April 2006], ⁸[24^th day of October 2006] or for such shorter period as the Government may, by notification, specify in this behalf.]

⁹[9-B. Appointment of Special Officer to certain Village Panchayats.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, appoint a Special Officer to the Village Panchayats specified in Schedule VII, which could not be reconstituted in accordance with the provision of this Act on the 6^th day of March 2005, to exercise the powers and discharge the duties of the said Village Panchayats.

(2) The Special Officer appointed under sub-section (1) shall hold office for a period of ¹⁰[one year and eight months] or until the date on which the first meeting of the reconstituted Village Panchayats are held after election to the said Village Panchayats, whichever is earlier.]

¹¹[9-C. Appointment of Special Officer in certain circumstances.- (1) 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 25^th 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.]

2. Substituted for the expression “cannot be constituted on the 25^th day of October 2001” by Tamil Nadu Act 49 of 2002.

10. For the words “six month” the words “Twelve months” were substituted by Tamil Nadu Act 19 of 2005 w.e.f 2.9.2005. Subsequently, substituted for “twelve months” by Tamil Nadu Act 23 of 2006 w.e.f. 6.3.2006.

10. Election of members of Village Panchayat.- (1) The members of the Village Panchayat shall be elected in such manner as may be prescribed:

¹[Provided that no personal 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];

²[Provided further that a person who stands for elections 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.]

11. Reservation of seats.- (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every Village Panchayat and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Village Panchayat as the population of the Scheduled Castes in that Village Panchayat area or of the Scheduled Tribes in that Village Panchayat area bears to the total population of that area.

Provided that for the first election for the Village Panchayat to be held immediately after the commencement of this Act, the provisional population figures of the Panchayat Village as published in relation to 1991 census shall be deemed to be the population of the Panchayat Village.

(2) Seats shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes from among the seats reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes which shall not be less than one-third of the total number of seats reserved for the persons belonging to Scheduled Castes and Scheduled Tribes.

(3) Seats shall be reserved for women in the Village Panchayat and the number of seats reserved for women shall be, as nearly as may be, one-third ²[including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes] of the total number of seats in the Village Panchayat:

Provided that such seats reserved for women shall be allotted by rotation to different wards in such a manner as the Inspector may, by notification, direct.

(4) The reservation of seats under sub-section (1) and (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

²[12. Division of Panchayat Village into wards.- (1) For the purpose of election of members to a Village Panchayat, the Inspector may, after consulting the Village Panchayat, by notification, divide the Panchayat Village into wards and determine the number of members to be returned by each ward in accordance with such scale as may be prescribed.

13. Term of office of members.- (1) The term of office of the members of every Village Panchayat who are elected at ordinary elections, shall, save as otherwise expressly provided, be five years from the date appointed for the first meeting of such Village Panchayat after ordinary election.

(2) Ordinary vacancies in the office of an elected member of the Village Panchayat shall be filled at ordinary elections which shall be fixed by the ¹[Tamil Nadu State Election Commissioner] to take place on such day or days within six months before the occurrence of the ordinary vacancies, as he thinks fit.

(3) The member of a Village Panchayat elected in a casual vacancy shall enter upon office forthwith, but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

14. Electoral roll for Village Panchayats.- (1) Subject to the provision of sub-section (2), the electoral roll of the Panchayat Union Council for the time being in force in a Panchayat Village shall be deemed to be the electoral roll for such Village Panchayat.

(2) No amendment, transposition or deletion of any entry in the electoral roll of the Panchayat Union Council made after the last date of making nominations for an election in any Village Panchayat ward and before the notification of the result of such election, shall form part of the electoral roll for such election for the purpose of this Section.

(3) The Executive Authority of the Village Panchayat shall maintain in the prescribed manner, an electoral roll for each ward of the Panchayat Village.

15. Formation of a Panchayat Union Council.- (1) The Government may, from time to time, publish a notification of their intention,-

(a) to declare any local area forming a development block for the purpose of the National Extension Service Scheme or Community Development, to be a Panchayat Development Block; and

(2) Any inhabitant of a local area in respect of which any such notification has been published may submit his objection in writing to anything contained in the notification to the Government within six weeks from the publication of the notification and the Government shall take all such objections into consideration.

(3) After the expiry of six weeks from the publication of the notification and after considering the objections, if any, which have been submitted, the Government may, by notification-

(i) exclude from a Panchayat Development Block any area or village comprised therein, or

(5) Before issuing a notification under sub-section (4), the Government shall consult the District Panchayat concerned and give the Panchayat Union Council or Panchayat Union Councils and the Village Panchayat or Village Panchayats which will be affected by the issue of such notification, a reasonable opportunity for showing cause against the proposal and shall consider their explanations and objections, if any.

(a) for the disposal of any part of the assets of, or institutions belonging to, the Panchayat Union Council which has ceased to exist and for the discharge of the liabilities, if any of such Panchayat Union Council relating to such assets or institutions, or

(b) for the disposal of the assets of, or institutions belonging to, a Panchayat Union Council which has ceased to exercise jurisdiction over any Panchayat Development Block and for the discharge of the liabilities, if any, of the Panchayat Union Council relating to such assets or institutions.

(7) An order made under sub-section (6) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary, and in particular may direct –

(i) that any tax, fee or other sum due to the Panchayat Union Council or where a Panchayat Union Council has ceased to exercise jurisdiction over any Panchayat Development Block, such tax, fee or other sum due to the Panchayat Union Council as relates to that block shall be payable to such authorities as may be specified in the order;

(ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date on which the Panchayat Union Council ceased to exist, or as the case may be, on the date on which the Panchayat Union Council ceased to exercise jurisdiction over the Panchayat Development Block, shall be disposed of by such authorities as may be specified in the order.

16. Constitution of Panchayat Union Councils and their incorporation.- (1) A Panchayat Union Council shall be constituted for each Panchayat Union with effect from such date as may be specified in the notification issued in that behalf by the Government.

(2) Subject to the provisions of this Act, the administration of the Panchayat Union shall vest in the Panchayat Union Council but the Panchayat Union Council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Chairman or the Commissioner or to the Village Panchayat or District Panchayat or any other authority.

Provided that if and so long as there is no Village Panchayat in any part of a Panchayat Union, the Panchayat Union Council shall exercise all the powers including the power of taxation, discharge the duties, perform the functions and be credited with the receipts and debited with the charges of the Village Panchayat, and the Chairman and the Commissioner of the Panchayat Union Council shall exercise the powers discharge the duties and perform the function of the President and the Executive Authority, respectively, in such part of the Panchayat Development Block.

(3) Every Panchayat Union Council shall be a body corporate by the name of the Panchayat Union specified in the notification issued under Section 15, shall have perpetual succession and a common seal, and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its Corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purpose for which it is constituted.

¹[17. Strength of a Panchayat Union Council.- (1) A Panchayat Union Council constituted for any Panchayat Union, shall consist of the elected members as notified under Section 19].

18. Duration of a Panchayat Union Council.- (1) Every Panchayat Union Council unless sooner dissolved shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.

(2) Where a Panchayat Union Council is dissolved before the expiration of the said period of five years, election to reconstitute such Panchayat Union Council shall be completed in accordance with the provisions of Section 215 as soon as may be, and in any case, before the expiration of a period of six months from the date of such dissolution:

Provided that where a Panchayat Union Council is dissolved within six months before the expiration of the said period of five years it shall not be necessary to hold any election to such Panchayat Union Council.

¹[18-A. Appointment of Special Officer to Panchayat Union Council in certain circumstances.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, in respect of Manachanallur Panchayat Union Council, which cannot be reconstituted in accordance with the provisions of this Act on or before the 11th day of June 2004, the Government, may be notification, appoint a Special Officer to exercise the powers and discharge the duties of the said Panchayat Union Council and of its Chairman until the day on which the first meeting of the reconstituted Panchayat Union Council is held after election to the said Panchayat Union Council.

(2) The Special Officer appointed under sub-section (1) shall hold office for six months or for such shorter period as the Government may, by notification, specify in this behalf.]

²[18-B. Appointment of Special Officer to Yercaud Panchayat Union Council.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, appoint a Special Officer to the Yercaud Panchayat Union Council, which could not be reconstituted in accordance with the provisions of this Act on the 6^th day of March 2005, to exercise the powers and discharge the duties of the said Panchayat Union Council and of its Chairman.

(2) The Special Officer appointed under sub-section (1) shall hold office for a period of six months ³[one year and eight months] or until the date on which the first meeting of the reconstituted Panchayat Union Council is held after election to the said Panchayat Union Council, whichever is earlier.]

3. For the words “six month” the words “Twelve months” were substituted by Tamil Nadu Act 19 of 2005 w.e.f 2.9.2005. Subsequently, for the words “twelve months” the words “one year and eight months” were substituted by Tamil Nadu Act 23 of 2006 w.e.f. 6.3.2006.

¹[19. Election of members of Panchayat Union Council.- 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 ²[at the rate of one member for such population as may be prescribed] of the Panchayat Union area as ascertain 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 elections 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.]

2. Substituted for the expression “at the rate of one member as nearly as may be, for every five thousand population” by Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006.

20. Reservation of seats.- (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every Panchayat Union Council and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat Union Council as the population of the Scheduled Castes in that Panchayat Union area or of the Scheduled Tribes in that Village Panchayat area bears to the total population of that area.

Provided that for the first election for the Panchayat Union Council to be held immediately after the commencement of this Act, the provisional population figures of the Panchayat Union as published in relation to 1991 census shall be deemed to be the population of that Panchayat Union.

(3) Seats shall be reserved for women in the Panchayat Union Council and the number of seats reserved for women shall be, as nearly as may be, one-third ²[including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes] of the total number of seats in the Panchayat Union Council:

Provided that such seats reserved for women shall be allotted by rotation to different wards in such a manner as the Inspector may, by notification, direct.

(4) The reservation of seats under sub-section (1) and (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

2. Substituted by Tamil Nadu Act 15 of 1996 for the following words “(including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the backward classes of citizens)” .

21. Division of Panchayat Union into Wards.- (1) For the purpose of election of members to the Panchayat Union Council, the Inspector shall, after consulting the Panchayat Union Council, by notification, divide the Panchayat Union area into wards, and determine the number of members to be elected in accordance with such scale as may be prescribed.

22. Term of office of members.- (1) Except as otherwise provided in this Act, members of the Panchayat Union Council elected at an ordinary election, shall hold office for a term of five years.

(2) The term of office of the members elected at an ordinary election shall commence on the date appointed for the first meeting of the Panchayat Union Council after ordinary election.

(3) The member of a Panchayat Union Council elected in a causal vacancy, shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

23. Electoral roll for Panchayat Union Council.- (1) Subject to the provision of sub-section (2), the electoral roll of the District Panchayat for the time being in force for such part of the Panchayat Union shall be deemed to be the electoral roll for such Panchayat Union Council.

(2) No amendment, transposition or deletion of any entry in the electoral roll of the District Panchayat made after the last date of making nominations for an election in any Panchayat Union Council ward and before the notification of the result of such election, shall form part of the electoral roll for such election for the purpose of this Section.

(3) The Commissioner of Panchayat Union Council shall maintain in the prescribed manner, electoral roll for each ward in the Panchayat Union.

24. Formation and incorporation of District Panchayat.- (1) The Government, may, by notification, constitute for each district with effect from such date as may be prescribed in the said notification, a District Panchayat having jurisdiction over the entire district excluding such portions of the district as are included in a Municipality or Town Panchayat or Industrial Township or under the authority of a Municipal Corporation or a Cantonment.

(2) Every District Panchayat shall be a body Corporate by the name of the district, shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of suing or being sued in its Corporate name, of acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.

¹[25. Constitution of District Panchayat.- (1) Every District Panchayat shall consists of –

(a) all the elected members as determined under Section 27; (b) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district.

(c) the member of the Council of States who is a registered as elector within the district;

(d) Members of the House of People, the State Legislative Assembly and the Council of States, referred to in clauses (b) and (c) of sub-section (1), shall be entitled to take part in the proceedings, ²[and vote at the meetings of the District Panchayat]].

2. Substituted for the words “but shall not have the right to vote in the meetings of the District Panchayat” by Tamil Nadu Act 37 of 1997.

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 :

¹[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]

²[Provided further that a person who stands for elections 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].

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,-

(a) divide the area, within the jurisdiction of every District Panchayat, for the purpose of election to such District Panchayat into as many single member territorial wards as the number of members required to be elected under Section 26;

(b) determine the extent of each territorial ward which shall be a Panchayat Village or Panchayat Union or part of a Panchayat Village or Panchayat Union; and

(c) determine the territorial ward or wards in which seats are reserved for the Scheduled Castes, Scheduled Tribes ¹[***] and women.

²[28-A. Special provision relating to election.- 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 14^th 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 14^th day of July 2006].

29. Term of office of members.- Except as otherwise provided in this Act, members of the District Panchayat elected at an ordinary election, shall hold office for a term of five years.

(2) The term of office of the members elected at an ordinary election shall commence on the date appointed for the first meeting of the District Panchayat after ordinary election.

(3) The member of a District Panchayat elected in a causal vacancy, shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

30. Electoral roll for District Panchayat.- (1) The electoral roll of a District Panchayat shall be the same as the electoral roll of the Tamil Nadu Legislative Assembly prepared and revised in accordance with the provisions of the law for the time being in force in the district and as revised, modified, updated and published in accordance with the provisions of sub-section (2).

(2) Subject to the superintendence, direction and control of the ¹[Tamil Nadu State Election Commission], the electoral roll shall be revised, modified and updated and published by such officer as may be designated by the ¹[Tamil Nadu State Election Commission] in this behalf in the prescribed manner.

(3) No amendment, transposition or deletion of any entry in the electoral roll of the Tamil Nadu Legislative Assembly made after the last date of making nomination for election in any District Panchayat territorial ward and before the notification of the result of such election, shall form part of the electoral roll for such election for the purpose of this section.

31. Duration of a District Panchayat.- (1) Every District Panchayat constituted under this Act unless sooner dissolved, shall continue for five years from the date appointed for its first meeting after each ordinary election and no longer.

(2) Where a District Panchayat is dissolved before the expiration of the said period of five years, election to reconstitute such District Panchayat shall be completed as soon as may be, and in any case, before the expiration of a period of six months from the date of such dissolution:

Provided that where a District Panchayat is dissolved within six months before the expiration of the said period of five years it shall not be necessary to hold any election to such District Panchayat.

32. Reservation of seats.- (1) Seats shall be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in every District Panchayat and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that District Panchayat as the population of the Scheduled Castes in that District Panchayat area or of the Scheduled Tribes in that District Panchayat area bears to the total population of that area.

Provided that for the first election for the District Panchayat to be held immediately after the commencement of this Act, the provisional population figures of the District Panchayat area as published in relation to 1991 census, shall be deemed to be the population of the District Panchayat area.

(3) Seats shall be reserved for women in the District Panchayat and number of seats reserved for women shall not be less than one-third ²[including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes] of the total number of seats in the District Panchayat:

Provided that such seats reserved for women shall be allotted by rotation to different territorial wards in such manner as the Government may, by notification, direct.

(4) The reservation of seats under sub-sections (1) and (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

(5) Reservation of seats under this section, Section 11 and Section 20, shall be made by the Government or by any officer authorized by the Government in this behalf.

(6) While determining the number of seats in Village Panchayats, Panchayat Union Councils and District Panchayats under this section, Section 11, and Section 20 for the purpose of reservation, any fraction thereof shall be disregarded.

2. Substituted for the words “(including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the backward classes of citizens)” by Tamil Nadu Act 15 of 1996.

33. Qualification of Candidates.- No person shall be qualified for election as a Member or President ¹[***] of a Panchayat unless-

34. Disqualification of officers and servants of Government and local bodies, etc.- (1) No Village Administrative Officer, or village servant and no other officer or servant of the State or Central Government or of a Village Panchayat, Panchayat Union Council, District Panchayat, Municipal Council or the Municipal Corporation of ¹[Chennai], or of Madurai or of Coimbatore or of any other Municipal Corporation that may be constituted under any law for the time being in force or of any Industrial Township or of Cantonment or of any body Corporate, owned or controlled by the State or Central Government, shall be qualified for election as a member or for holding office as a member.

²[(2) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for election as a member or for holding office as a member for a period of five years from the date of such dismissal.]

35. Disqualification of persons convicted of election offences.- Every persons 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 ¹[six years] 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[(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 sub-section (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 poling 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

(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—

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

(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—

(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);

(d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954).

(2) A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1) shall be disqualified for election as a member from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”]

²[(2A) A person disqualified for being a member under clause (e) of sub-section (3) of Section 38 shall be disqualified for election as a member for a period of six years from the date of such disqualification.]

(3) A person shall be disqualified for election as a member, if at the last date for filing of nomination or at the date of election he is –

(b) an applicant to be adjudicated as an insolvent or an undischarged insolvent;

(c) interested in a subsisting contract made with or any work being done for, any panchayat except as a shareholder (other than a director) in a company;

(d) employed as paid legal Practitioner on behalf of the Panchayat or as legal Practitioner against the Panchayat;

²[(dd) found that he does not belong to Scheduled Caste or Scheduled Tribe for contesting any seat reserved for Scheduled Caste or Scheduled Tribe in a Panchayat;]

(e) already a member of a Panchayat, whose term of office will not expire before his fresh election can take effect or has already been elected as a member of a Panchayat whose term of office has not yet commenced; or

(f) in arrears of any kind due by him (otherwise than in fiduciary capacity) to a Panchayat upto and inclusive of the previous year.

³[(4) if the Tamil Nadu State Election Commission is satisfied that a person, -

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and

(b) has no good reason or justification for the failure, the Tamil Nadu State Election Commission shall, by order published in the Tamil Nadu Government Gazette, declare him to be disqualified for being chosen as, and for being, a member or President, as the case may be, and any such person shall be disqualified for a period of three years from the date of the order].

38. Disqualification of members.- ¹[(1) A member convicted of such an offence as described under sub-section (1) of Section 37 shall be disqualified, where the convicted member is sentenced to—

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

(2) A member convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1) of Section 37 shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

(3) Subject to the provisions of section 41, a member shall cease to hold office as such, if he-

(c) acquires any interest in any subsisting contract made with or any work being done for, any Panchayat except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act.

(d) is employed as paid legal Practitioner on behalf of the Panchayat or as legal Practitioner against any Panchayat;

(e) is found that he does not belong to Scheduled Caste or Scheduled Tribe, but has been elected from the seat reserved for Scheduled Caste or Scheduled Tribe ;

(g) ceases to reside in the village, panchayat union or the district, as the case may be;

(h) fails to pay arrears of any kind due by him (otherwise than in fiduciary capacity) to a Panchayat within three months after such arrears became due; or

(i) absents himself from the meetings of the Panchayat for a period of three consecutive months reckoned from the date of the commencement of his term of Office, or of the last meeting which he attended, or of his restoration to office as member under sub-section (1) of section 39, as the case may be, or if within the said period, less than 3 meetings have been held, absents himself in the three consecutive meetings held after the said date;

Provided that no meeting from which a member absented himself shall be counted against him under this clause if –

(ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or

²[38A. Disqualification for President, Vice-President, Chairman, Vice-Chairman and Member.- 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.]

39. Restoration of members to office.- (1) Where a person ceases to be a member under Section 35 or ¹[sub-section(1) or sub-section(2) of Section 38], such person shall be restored to office for such portion of the period for which such person was elected, as may remain unexpired at the date of such restoration, if and when the conviction or sentence is annulled on appeal or revision; and any person elected to fill the vacancy in the interim, shall on such restoration, vacate office.

(2) Where a person ceases to be a member ²[under clause (i) of sub-section(3) of Section 38], the Executive Authority or the Commissioner or the ³[Secretary] as the case may be, shall, at once intimate the fact in writing to such person and report the same to the Panchayat concerned at its next meeting. If such person applies for restoration suo motu to the Panchayat concerned on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, such Panchayat may at the meeting next after the receipt of such application restore him to his office of member:

Provided that a member shall not be restored more than twice during his term of office.

1. Substituted for the expression “clause (a) or clause (b) of Section 38" by Tamil Nadu Act 39 of 2008.

2. Substituted for the expression "under clause (j) of Section 38" by Tamil Nadu Act 39 of 2008.

3. Substituted for the words “Chief Executive Officer” by Tamil Nadu Act 28 of 1998.

40. Oath of affirmation to be made by members.- (1) Notwithstanding anything contained in the Oaths Act, 1969 (Central Act X of 1969), every person who is elected to be a member or who becomes a member shall, before taking his seat, make, at a meeting of the Panchayat an oath or affirmation in the following form, namely,-

“I, A.B, having been elected a member/having become a member of this Village Panchayat/Panchayat Union Council/District Panchayat do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter”.

(2) Any person who, having been elected to be a member or who, having become a member, fails to make within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1), shall cease to hold his office and his seat shall be deemed to have become vacant.

(3) Any person who has been elected to be a member or who has become a member shall not take his seat at meeting of the Panchayat or do any act as such member unless he has made the oath or affirmation as laid down in sub-section (1).

(4) Notwithstanding anything contained in sub-section (3), the President or the Chairman of a Panchayat or the member of a Committee constituted under this Act, who has not made the oath or affirmation as a member, shall be entitled to act as such President, Chairman or member provided he makes the oath or affirmation and takes his seat at the first meeting of the Panchayat which he attends within two months after he is elected or appointed as, or becomes entitled to exercise the functions of the President, Chairman or member, as the case may be.

(i) ‘President’ includes a Vice-President exercising the functions of the President under sub-section (1) or sub-section (2) of Section 47 and the temporary President appointed under sub-section (3) of that Section; and

(ii) ‘Chairman’ includes a Vice-Chairman exercising the functions of the Chairman under sub-section (1) or sub-section (5) of Section 54 or a Revenue Divisional Officer who is ex-officio Chairman under sub-section (2) of that section.

¹[41. Authority to decide Questions of disqualification or cessation of members.- (1) If any question arises as to whether any person who has been elected as a member of a Panchayat or who becomes a member of a Panchayat is not qualified or as become disqualified under Section 33 or Section 34 or Section 35 or sub-Section (3) of Section 38 or 38–A or cessation under Section 40, the question shall be referred by the Inspector to the Government whose decision shall be final.

(2) Before taking any such decision on such question, the Government shall obtain the opinion of the Tamil Nadu State Election Commission and shall act according to such opinion.]

²[41-A. Powers of the Tamil Nadu State Election Commission.- (1) Where in connection with the tendering of any opinion to the Government under Section 41, the Tamil Nadu State Election Commission considers it necessary or proper to make an inquiry, and the Tamil Nadu State Election Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired in to, the Tamil Nadu State Election Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath ;

(b) requiring the discovery and production of any document or other material object producible as evidence;

(d) requisitioning any public record or a copy thereof from any court or office ;

(2) The Tamil Nadu State Election Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Tamil Nadu State Election Commission may be useful for, or relevant to, the subject-matter of the inquiry.

(3) The Tamil Nadu State Election Commission shall be deemed to be a Civil Court and when any such offence, as is described in Section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act XLV of 1860), is committed in the view or presence of the Tamil Nadu State Election Commission, the Tamil Nadu State Election Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(4) Any proceeding before the Tamil Nadu State Election Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act XLV of 1860).

41-B. Statements made by persons to the Tamil Nadu State Election Commission.- 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:

(a) is made in reply to a question which he is required by the Tamil Nadu State Election Commission to answer, or

41-C. Procedure to be followed by the Tamil Nadu State Election Commission.- 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 and deciding whether to sit in public or in private).

41-D. Protection of action taken in good faith.- 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 there under or 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.]

42. President and Vice-President of Village Panchayat.- There shall be a President and a Vice-President for every Village Panchayat.

43. Election of President.- (1) (a) The President shall be elected by the persons whose names appear in the electoral roll for the Village Panchayat from among themselves in accordance with such procedure as may be prescribed.

(b) If at an ordinary or casual election, no President is elected, a fresh election shall be held:

¹[Provided that a person who stand for election as President shall not be eligible to stand for election as a member of a Village Panchayat, a member of a Panchayat Union Council or a member of a District Panchayat:

Provided further that no President shall be eligible to stand for election as a member of a Village Panchayat, a member of a Panchayat Union Council or a member of a District Panchayat:

(2) The election of the President may be held ordinarily at the same times and in the same places as the ordinary elections of the members of the Village Panchayat.

(3) The term of office of the President who is elected at an ordinary election shall, save as otherwise expressly provided in, be five years beginning at noon on the day on which the ordinary vacancy occurs.

(4) Any casual vacancy in the office of the President shall be filled by a fresh election and a person elected as President in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

(5) Unless the ²[Tamil Nadu State Election Commissioner] otherwise directs, no casual vacancy in the office of the President shall be filled within six months before the date on which the ordinary election of the President under sub-section (1) is due.

(6) The provisions of Sections 34 to 41 (both inclusive), shall, as far as may be, apply in relation to the office of the President as they apply in relation to the office of an elected member of the Panchayat.

(7) The President shall be an ex-officio member of the Village Panchayat and shall have all the rights and privileges of an elected member of the Village Panchayat.

44. Election of Vice-President.- (1) The Vice-President shall be elected by the Village Panchayat from among its elected members in accordance with such procedure as may be prescribed.

(2) If at an election held under sub-section (1), no Vice-President is elected, a fresh election shall be held for electing a Vice-President.

45. Cessation of office as President and Vice-President.- The President or Vice-President shall cease to hold office as such-

(a) in the case of the President, on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or on his otherwise ceasing to be a President;

(b) in the case of the Vice-President, ¹[on his becoming disqualified for holding the office or on his removal from office or] on the expiry of his term of office as a member or on his otherwise ceasing to be a member.

(c) discharge all the duties specifically imposed and exercise all the powers conferred on the President by this Act.

²[(d) execute or implement all schemes, programmes or activities as may be entrusted to village panchayat from time to time.]

(2) No official correspondence between the Village Panchayat and the Government shall be conducted except through the President. The President shall be bound to transmit communications addressed through him by the Executive Authority to the Government or by the Government to the Executive Authority.

47. Devolution ¹[***] of President’s functions and filling up of vacancies in the office of President.- (1) When the office of President is vacant, the Vice-President shall exercise the functions of the President until a new President is declared elected and assumes office.

(2) If the President has been continuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the Vice-President.

(3) When the office of President is vacant or the President has been continuously absent from jurisdiction for more than thirty days or is incapacitated and there is either a vacancy in the office of Vice-President or the Vice-President has been continuously absent from jurisdiction for more than thirty days or is incapacitated, the functions of the President shall devolve on a member of the Village Panchayat appointed by the Inspector in this behalf, and if no member of the Village Panchayat is available for such appointment, on such person as may be appointed by the Inspector in this behalf.

The member of the Village Panchayat or the person so appointed (who shall be called as the temporary President) shall perform the functions of the President subject to such restrictions and conditions as may be prescribed, until a new President or Vice-President is declared elected and assumes office, or either the President or the Vice-President returns to jurisdiction or recovers from his incapacity, as the case may be.

(4) Any vacancy in the office of President shall be reported to the ²[Tamil Nadu State Election Commissioner] by such person and within such time as may be prescribed and the ²[Tamil Nadu State Election Commissioner] shall arrange for the election of the President.

(5) The President shall have power to control and revise the exercise or discharge of any functions devolving on the Vice-President under sub-section (2).

2. Substituted for the words “State Election Commissioner” by Tamil Nadu Act 4 of 1998.

48. Delegation of functions of President.- Subject to such restrictions and control as may be prescribed, 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.

49. 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.- (1) The Chairman shall be elected by the Panchayat Union Council from among its elected members in accordance with such procedure as may be prescribed.

(2) If at an election held under sub-section (1), no Chairman is elected, a fresh election shall be held for electing a Chairman.

51. Election of Vice-Chairman of Panchayat Union Council.- (1) The Vice-Chairman shall be elected by the Panchayat Union Council from among its elected members in accordance with such procedure as may be prescribed.

(2) If at an election held under sub-section (1), no Vice-Chairman is elected, a fresh election shall be held for electing a Vice-Chairman.

(b) discharge all the duties specifically imposed and exercise all the powers conferred on the Chairman by this Act and the rules made thereunder.

(2) The Chairman shall have full access to all the records of the Panchayat Union Council and no official correspondence between the Council and the Government shall be conducted except through the Chairman. The Chairman shall be bound to transmit communications addressed through him by the Commissioner to the Government or by the Government to the Commissioner.

53. Cessation of office as Chairman and Vice-Chairman of a Panchayat Union Council.- The Chairman and Vice-Chairman shall cease to hold office as such-

(a) in the case of the Chairman of a Panchayat Union Council on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or on his otherwise ceasing to be Chairman or member of the Panchayat Union Council;

(b) in the case of the Vice-Chairman, ¹[on his becoming disqualified for holding the office or on his removal from office or] on the expiry of his term of office as a member of the Panchayat Union Council or on his otherwise ceasing to be a member of the Panchayat Union Council.

54. Devolution and delegation of Chairman’s functions and filling up of vacancies in the office of Chairman.- (1) When the office of Chairman is vacant, the Vice-Chairman shall exercise the functions of the Chairman until a new Chairman assumes office.

(2) When the office of Chairman is vacant and there is either a vacancy in the office of Vice-Chairman, or the Vice-Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated and until a new Chairman or Vice-Chairman is elected and assumes office, or the Vice-Chairman returns to jurisdiction or recovers from his incapacity, as the case may be, the Revenue Divisional Officer shall, notwithstanding anything contained in this Act, or in the rules or notifications issued thereunder, be exofficio member and Chairman of the Panchayat Union Council.

(4) The Chairman may, by an order in writing, delegate any of his functions to the Vice-Chairman:

Provided that he shall not delegate any functions which the Panchayat Union Council expressly forbids him to delegate.

(5) If the Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the Vice-Chairman.

(6) If the Vice-Chairman also has been continuously absent from jurisdiction for more than thirty days or is incapacitated or if the office of Vice-Chairman is vacant, the Chairman may, by an order in writing, delegate any of his functions to any member of the Panchayat Union Council who shall be called “Chairman Delegate” during the period of delegation:

(i) when an order of delegation made under this sub-section is in force, no further orders of delegation of any function shall be made in favour of any member other than the member in whose favour the order in force was made;

(ii) no delegation under this sub-section shall be made for any period exceeding in the aggregate ninety days in any year without the special sanction of the Panchayat Union Council; and

(iii) every order made under this sub-section shall be communicated to the Panchayat Union Council at its next meeting.

(7) The exercise or discharge of any functions delegated under this Section shall be subject to such restrictions, limitations and conditions as may be laid down by the Chairman.

55. Chairman and Vice-Chairman of District Panchayat.- There shall be a Chairman and Vice-Chairman for every District Panchayat.

56. Election of Chairman and Vice-Chairman of District Panchayat.- (1) The elected members of the District Panchayat shall as soon as may be, elect two members from among themselves, to be respectively the Chairman and Vice-Chairman.

(2) The provisions of ¹[sub-section (2) of Section 50, sub-section (2) of Section 51 and Sections 52,53 and 54] shall as far as may be, apply in relation to the office of the Chairman and Vice-Chairman of District Panchayat, as they apply in relation to the office of the Chairman and Vice-Chairman of Panchayat Union Council and any reference to Panchayat Union Council or Commissioner in the said Sections shall be deemed to be a reference to the District Panchayat or ²[Secretary] as the case may be, in so far as it applies to the office of Chairman and Vice-Chairman of District Panchayat.

57. Reservation of seats in the office of President, Chairman, etc.- (1) Office of the Presidents of Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats, shall be reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or the Scheduled Tribes in the State bear to the total population of the State:

²[(1-A) Offices of the Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats shall be reserved for women belonging to the Scheduled Castes and Scheduled Tribes from among the offices reserved for the persons belonging to Scheduled Castes and Scheduled Tribes which shall not be less than one-third of the total number of offices reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes].

²[(1-D) Offices of the Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats in the State shall be reserved for women which shall not be less than one-third ⁴[including the number of offices reserved for women belonging to the Scheduled Castes and Scheduled Tribes] of the total number of such offices in the State:

Provided that the offices reserved under this Section, shall be allotted by rotation to different panchayats at each level in such manner, as may be prescribed].

(2) Reservation of the offices of the Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats, shall be made by the Government or by any officer authorized by the Government in this behalf.

(3) The reservation of the offices of Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of the District Panchayats made under sub-section (1) in respect of the persons belonging to the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

(4) While determining the number of offices of Presidents of the Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats, under sub-section (1) for the purpose of reservation ⁵[any fraction which is less than half shall be disregarded and half and more than half shall be regarded as one].

1. The following provisos were omitted by Tamil Nadu Act 30 of 1995:-

“Provided that not less than one third of the total number of office of the Presidents of Village Panchayats, Chairmen of the Panchayat Union Councils and the Chairmen of the District Panchayats in the State, shall be reserved for women:

Provided further that the offices reserved under this Section, shall be allotted by rotation to different panchayats at each level in such manner as may be prescribed.”

2. Inserted by Tamil Nadu Act 30 of 1995.

3. The following sub-sections were inserted by Tamil Nadu Act 30 of 1995 and subsequently omitted by Tamil Nadu Act 15 of 1996.

“(1-B) Offices of Presidents of Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats shall be reserved for persons belonging to the backward classes of citizens and the number of offices so reserved shall be, as nearly as may be, fifty percent of the total number of offices of the Presidents of Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats in the State.

(1-C) Offices of Presidents of Village Panchayats, Chairmen of Panchayat Union Councils and Chairmen of District Panchayats shall be reserved for women belonging to the backward classes of citizens from among the offices reserved for the persons belonging to the backward classes of citizens which shall not be less than one-third of the total number of offices reserved for the persons belonging to the backward classes of citizens.”

4. Substituted for the following words “(including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes of Citizens)” by Tamil Nadu Act 15 of 1996.

5. Substituted for the words “any fraction thereof shall be disregarded” by Tamil Nadu Act 29 of 1999.