THE TAMIL NADU PANCHAYATS ACT, 1994

(Tamil Nadu Act 21 of 1994)

CHAPTER VI

PROCEDURE

                   89. Presidency at meetings of Panchayat.- (1) Every meeting of a Panchayat shall be presided over by the President or the Chairman, as the case may be, and, in his absence by the Vice-President or Vice-Chairman, as the case may be, and in the absence of the President, Chairman, Vice-President and Vice-Chairman, by a member chosen by the members present at the meeting to preside for the occasion.

                   (2) The President or the Chairman, as the case may be, shall preserve order and decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the President or Chairman, as the case may be, on any point of order shall be final.

                   (3) A Vice-President, a Vice-Chairman or member presiding for the occasion shall, for that meeting and during the period he presides over it, have all the powers of the President or Chairman, as the case may be.

                   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 as its meetings (including the quorum at meeting) as may be prescribed:

                   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.- (1) No member shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Panchayat or any Committee if the question is one in which, apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner.

                   (2) The President or Chairman, as the case may be, may prohibit any member from voting or taking part in the discussion of any matter in which he believes such member to have such interest, or he may require such member to absent himself during the discussion.

                   (3) Such member may challenge the decision of the President or Chairman, who shall thereupon put the question to the meeting.  The decision of the meeting shall be final.

                   (4) If the President or Chairman is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect is carried, be required to absent himself from the meeting during such discussion.

                   (5) The member concerned shall not be entitled to vote on the question referred to in sub-section (3) and the President or Chairman concerned shall not be entitled to vote on the motion referred to in sub-section (4).

                   Explanation.- The terms “President” and “Chairman” in this section include a Vice-President, Vice-Chairman or member presiding for the occasion.

                   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 ¹[Secretary] 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, comply with every such requisition.

                   94. Proceedings of Panchayat and Committees.- (1) The proceedings of every Panchayat, and of all Committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rules or the provisions of this Act, made by the Panchayat with the approval of the Inspector.

                   (2) The Inspector may remit for reconsideration and re-submission any regulation or part thereof to the Panchayat:

                   Provided that it shall be competent for the Inspector to add to, omit or alter any regulation which contravenes the provisions of this Act or the Rules made thereunder.

                   95. Appointment of Joint Committees.- (1) A Panchayat may, and if so required by the Inspector, shall, join with one, or more than one, other local authority in constituting a Joint Committee for any purpose for which they are jointly responsible.

                   (2) The constitution, powers and procedure of a Joint Committee and the method of settling differences of opinion arising in connection with the Committee between the local authorities concerned shall be in accordance with such rules as may be prescribed.

                   96. Committees.- (1) (a) There shall be an Appointments Committee for every Panchayat Union, ¹[which shall be composed of the Chairman and the Vice-Chairman of the Panchayat Union Council and  the Commissioner]. The Chairman of the Panchayat Union Council shall be Chairman of the Committee. Subject to the provisions of Section 102 and to such Rules as may be made by the Government in this behalf, appointments to all posts under the Panchayat Union Council, the pay of which is debitable to the funds of the Panchayat Union Council shall be made with the prior approval of the Committee.

                           (b)     (i) There shall be an Agricultural Production Committee for every Panchayat Union, which shall be composed of the Chairman of the Panchayat Union Council who shall be the Chairman of that Committee, the Commissioner and three persons nominated by the Panchayat Union Council.

                                    (ii) No person shall be nominated under sub-clause (i), if-

                                           (A) he is not a member of the Panchayat Union Council; or

                                           (B) in the opinion of the Panchayat Union Council, he does not possess adequate knowledge of, and experience in, agriculture.

                           (c) There shall be an Education Committee and a General Purposes Committee in every Panchayat Union. The Panchayat Union Council may, and if so required by the Government, shall appoint such other committees as may be necessary for the efficient performance of its duties and functions under this Act. Each of the Committee constituted under this clause shall consist of such number of members as may be specified by the Council and shall include the Chairman exofficio. The members of each committee constituted under this clause, other than Chairman, shall be elected by the Panchayat Union Council from among its elected members.

                   (2) Subject to such rules, as may be made by the Government in this behalf, the Panchayat Union Council shall have power, by regulations made from time to time, to determine the powers and duties of every Committee constituted under sub-section (1).

                   97. Standing Committees.- (1)(a) For the purpose of assisting the District Panchayat in exercising such of its powers, discharging such of its duties and performing such of its functions specified under this Act, a District Panchayat may constitute Standing Committees for dealing with –

                                    (i) food and agriculture;

                                    (ii) industries and labour;

                                    (iii) public works;

                                    (iv) education; and

                                    (v) health and welfare including prohibition

                           (b) a District Panchayat may constitute additional Standing Committees for such purposes as it thinks fit.

                   (2) Each Standing Committee shall consist of such number of persons not exceeding five including the Chairman as specified by the District Panchayat and elected by the District Panchayat from among its elected members.

                   (3) The Chairman of the District Panchayat shall be the exofficio member in all the Standing Committees constituted by the District Panchayat.

                   (4) Each Standing Committee shall elect its own Chairman from among its members who are elected members of the District Panchayat.

                   (5) No member of the District Panchayat shall be eligible to serve on more than two Standing Committees.

(6) The ¹[Secretary] shall nominate one of the officers under his control as exofficio Secretary for each of the Standing Committees. The ¹[Secretary] shall be entitled to attend the meetings of all the Standing Committees.

ADMINISTRATION REPORTS

                   98. Administration reports of Village Panchayats.- (1) Every Village Panchayat shall submit to the Panchayat Union Council a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details and through such authority as may be prescribed.

                   (2) The report shall be prepared by the Executive Authority and Village Panchayat shall consider it and forward the same to the Panchayat Union Council with its resolution thereon.

                   99. Administration report of Panchayat Union Councils and District Panchayats.- (1) Every Panchayat Union Council shall submit to the District Panchayat a consolidated report on its administration and on the administration of all Village Panchayats in the Panchayat Union for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details and through such authority as may be prescribed.

                   (2) The report shall be prepared by the Commissioner and the Panchayat Union Council shall consider it and forward the same to the District Panchayat with its resolution thereon.

                   (3) The District Panchayat shall prepare a general report on the administration of Panchayat Union Councils and Village Panchayats in the district and submit the same to the Government before such date as may be prescribed. The District Panchayat shall also send a copy of the report to the Inspector.

                   (4) The report and resolution thereon shall be published in such manner as the Government may direct.

VALIDATION OF PROCEEDINGS

                   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.

¹[CHAPTER VI-A [***]