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

83.¹[Executive Authority of Village Panchayat.- 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 ²[***]].

1. Substituted by Tamil Nadu Act 21 of 1996.

2. The words “and different persons may be appointed to different classes of Village Panchayats” were added by Tamil Nadu Act 39 of 2004 w.e.f 14.6.2004 and omitted by Tamil Nadu Act 17 of 2006 w.e.f 14.7.2006.

Provided that where the ¹[Executive Authority] considers that a resolution has not been legally passed or is in excess of the powers conferred by this Act or that, if carried out, it is likely to endanger human life or health or the public safety, the Executive Authority shall refer the matter to the Government for orders and their decision shall be final;

(c) discharge all the duties specifically imposed and exercise all the powers conferred on the Executive Authority and subject to all restrictions and conditions imposed, by or under this Act, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfillment of the purposes thereof.

1. Substituted for the word “President” by Tamil Nadu Act 2 of 1999.

85. Commissioner.- (1) A Commissioner shall be appointed by the Government in the case of each Panchayat Union Council. Such Commissioner shall ordinarily be the Development Officer appointed in pursuance of the National Extension Service Scheme of Community Development for the Panchayat Development Block.

(2) No recovery shall be made from the Panchayat Union Council towards the salary and allowances paid to any Commissioner or towards his leave allowances, pension and Provident Fund.

(3) The Government shall have power to regulate the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the Commissioner appointed under sub-section (1).

(a) have the right to attend the meetings of the Panchayat Union Council or of any committee thereof and take part in the discussions thereat, but without the right to move any resolution or to vote;

(b) attend any meeting of the Panchayat Union Council or any Committee thereof if required to do so by the Chairman;

(d) furnish to the Panchayat Union Council such periodical reports regarding the progress made in carrying out the resolutions of that body and in the collection of taxes as the council may direct;

(f) perform all the duties specifically imposed and exercise all the powers conferred on the Commissioner by this Act and subject, whenever it is hereinafter expressly so provided, to the sanction of Panchayat Union Council and subject also to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfillment of the purposes of this Act.

(5) Notwithstanding anything contained in sub-section (2) of Section 16 and subject to all other provisions of this Act and the rules made thereunder, the Panchayat Union Council shall have power to issue such specific directions as it may think fit regarding the performance by the Commissioner of any of the functions assigned to him under this Act:

Provided that where such directions relate to any National Extension Service Scheme of Community Development or any other scheme specially entrusted by the Government to the Panchayat Union Council, the directions issued by the council shall be in conformity with the terms and conditions of such entrustment.

(6) Subject to any directions given or restrictions imposed by he Government or the Panchayat Union Council, the Commissioner may, by an order in writing, delegate any of his functions to any officer or servant of the Panchayat Union Council or to any servant of the Government. The exercise or discharge of any functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the Commissioner and shall also be subject to his control and revision.

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:

(a) he shall not act under this section in contravention of any order of the Village Panchayat or the Panchayat Union Council prohibiting the execution of any particular work or the doing of any particular act; and

(b) he shall report the action taken under this section and the reasons therefore to the Village Panchayat or the Panchayat Union Council at its next meeting.

87. ¹[Secretary].- (1) The Government shall appoint an officer not below the rank of ²[Divisional Development Officer in the Tamil Nadu Panchayat Development Service] as ¹[Secretary] of the District Panchayat.

(2) The Government shall have power to regulate the method of recruitment and conditions of service, pay and allowances and discipline and conduct of the ¹[Secretary] appointed under sub-section (1).

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

2. Substituted for the words “Joint Director of Rural Development” by Tamil Nadu Act 28 of 1998.

88. Functions, powers and duties of ¹[Secretary].- (1) The ¹[Secretary] shall –

(a) exercise all the powers specially imposed or conferred upon him by or under this Act or under any other law for the time being in force;

(b) supervise and control the execution of all works of the District Panchayat, and have the right to attend meetings of the District Panchayat or any committee thereof and take part in the discussions thereat, but without the right to move any resolution or to vote;

(c) attend any meeting of the District Panchayat or any Committee thereof if required to do so by the Chairman;

(e) furnish to the District Panchayat such periodical reports regarding the progress made in carrying out the resolutions of that body and in the collection of taxes as the council may direct;

(g) exercise such other powers and discharge such other functions as may be prescribed.

(2) Notwithstanding anything contained in sub-section (1), the District Panchayat shall have power to issue such specific direction as it may think fit regarding the performance by the ¹[Secretary] of any of the functions assigned to him under this Act.

(3) Subject to any directions given or restrictions imposed by the Government or the District Panchayat, the ¹[Secretary] may, by an order in writing, delegate any of his functions to any officer or servant of the District Panchayat or to any servant of the Government. The exercise or discharge of any function so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the ¹[Secretary] and shall also be subject to his control and revision.

4) The ¹[Secretary] shall within fifteen days from the date of the meeting of the District Panchayat or of any of its Committee, submit to the Government every resolution of the District Panchayat or any of its committee which in his opinion is inconsistent with the provisions of this Act, or any other law and it shall not implement such resolution otherwise than as decided by the Government.

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