THE TAMIL NADU PANCHAYATS ACT, 1994

(Tamil Nadu Act 21 of 1994)

CHAPTER VII

ESTABLISHMENT, POWERS AND FUNCTIONS OF PANCHAYATS

                   101. Establishment of Panchayats.- (1) The sanction of the Panchayat shall be obtained for all proposals for fixing or altering the number, designations and grades of its officers and servants and the salaries, fees and allowances payable to them.

                   (2) Such proposals shall be taken into consideration by the Panchayat, only at the instance of the Executive Authority or the Commissioner or the ¹[Secretary], as the case may be, and the Panchayat may sanction the proposal with or without modifications:

                   Provided that no proposal adversely affecting any officer or servant of a Panchayat who has been in the permanent service of such Panchayat for more than five years and is drawing a salary of not less than five hundred rupees per mensem shall be considered except at a special meeting convened for the purpose and no such proposal shall be given effect to unless assented to by atleast one-half of the members then in the Panchayat.

                   (3) Notwithstanding anything contained in sub-sections (1) and (2), the Government in the case of a Panchayat Union Councils and District Panchayats and the Inspector in the case of Village Panchayats shall have power to fix or alter the number, designations and grades of, and the salaries, fees and allowances payable to the officers and servants of any Village Panchayat or Panchayat Union Council or the District Panchayat or any class of such officers and servants and it shall not be open to the Village Panchayat or Panchayat Union Council or the District Panchayat to vary the number, designations, grades, salaries, fees or allowances as so fixed or altered except with the previous sanction of the Government in the case of Panchayat Union Councils and District Panchayats and of the Inspector in the case of Village Panchayats:

                   ²[Provided that the Inspector shall observe any guidelines issued by the Government in this regard.]

                   102. Conditions of service of officers and servants of Panchayats.- (1) The Government shall  have power to make rules regarding the authorities who may appoint the officers and servants of Panchayats, other than the Commissioners and the ¹[Secretaries] and the classification, method of recruitment, pay and allowances, discipline and conduct and conditions of service of such officers and servants.

                   Such rules may provide for the constitution of any class of officers or servants of Village Panchayats, Panchayat Union Councils and the District Panchayats, as the case may be, other than the Commissioners and the ¹[Secretaries], into a separate service for the whole or any part of the state.

                   (2) Subject to the provisions of this Act and any Rules which the Government may make in this behalf, the Panchayat Union Council or the District Panchayat, as the case may be, may frame regulations in respect of the officers and servants on the staff of the Panchayat Union Council or the District Panchayat,-

                           (a) fixing the amount and nature of the security to be furnished;

                           (b) prescribing educational and other qualifications;

                           (c) regulating the grant of leave, leave allowances, acting allowances and traveling allowances;

                           (d) regulating the grant of pensions and gratuities;

                           (e) establishing and maintaining Provident Funds and making contributions thereto compulsory;

                           (f) regulating conduct; and

                           (g) generally prescribing conditions of service:

                   Provided –

                           (i) that the grant of any leave, leave allowances, traveling allowances, pension or gratuity provided for in such regulations shall in no case, without the special sanction of the Government exceed what would be admissible in the case of Government servants of similar standing and status;

                           (ii) that the conditions under which such allowances are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction, be more favourable than those for the time being prescribed for such Government servants.

                   (3) A Rule may be made under sub-section (1) in so far as it relates to officers and servants of Village Panchayats and Panchayat Union Councils, so as to have retrospective effect on and from a date not earlier than the date of commencement of this Act.

                   103. Appointment of common officers.- Two or more Village Panchayats or two or more Panchayat Union Councils may, subject to such Rules as may be prescribed, and shall if so required by any authority empowered in this behalf by Rules, appoint the same officer or servant to  exercise or discharge any power or duties of a similar nature for both or all of them.

                   104. Transfer of officers and servants of Village Panchayats and Panchayat Union Councils.- (1) Any officer or servant of a Village Panchayat may be transferred to the service of any Panchayat Union Council or any other Village Panchayat by the Inspector:

                   Provided that no officer or servant shall be so transferred except after consulting the Commissioner or the Executive Authority concerned:

                   Provided further that in making a transfer under this sub-section, the Inspector may issue such general or special directions as may in his opinion be necessary for the purpose of giving due effect to such transfer.

                   (2) Notwithstanding anything contained in this Act or the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), any officer or servant of a Panchayat Union Council (including the Commissioner) may be transferred by the Government to the services of any other Panchayat Union Council or any Municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920):

                   Provided that no officer or servant (other than the Commissioner) shall be so transferred except after consulting the Panchayat Union Councils or Municipal Councils concerned:

                   Provided further that the Government while making a transfer under this sub-section may issue such general or special directions as may in their opinion be necessary for the purpose of giving due effect to such transfer.

                   105. Power of Government to transfer officers and servants of District Panchayats.- (1) Notwithstanding anything contained in this Act or in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Government shall have power,-

                   (a) to transfer any officer or servant of the District Panchayat (including the ¹[Secretary] to the service of any other District Panchayat or to any Municipality constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

                   (b) to issue general or special direction as they may think necessary for the purpose of giving due effect to any transfer made under clause (a).

                   106. Power to punish officers and servants.- Subject to such control as may be prescribed, the Executive Authority, the Commissioner or the ¹[Secretary] may censure, fine, withhold increments or promotions from, or reduce to a lower rank in the seniority list, or to a lower post or time-scale or to a lower stage in a time-scale, suspend, remove or dismiss any officer or servant in the service of Village Panchayat or Panchayat Union Council or the District Panchayat, as the case may be, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct.

                   107. Applicability of certain directions to public health establishment.- Subject to the provisions of Section 109, the provisions of sections 101 to 106 shall also apply to the public health establishments of Panchayats, notwithstanding anything contained in the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939).

                   108. Teachers including headmasters and basic servants in the Panchayat Union Schools to be Government Servants.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, on and from the 1^st June 1981, all teachers (including headmasters) and basic servants in the Panchayat Union Schools in the State of Tamil Nadu shall become whole-time Government Servants.

                   (2) Notwithstanding anything contained in sub-section (1) of Section 96 or in any other provisions of this Act and subject to the provisions of Article 311 of the Constitution, the Government may make Rules regulating the conditions of service of the Teachers (including headmasters) and basic servants in the Panchayat Union Schools.

                   109. Health assistants, auxiliary nurses, mid-wives and maternity assistants in public health establishments of Panchayat Union Councils to be Government servants.- (1) Notwithstanding anything contained in this Act or in any  other  law  for  the  time  being  in  force,  on and from the 1^st October 1982, all  health assistants, auxiliary nurses, mid-wives and maternity assistants in the public health establishments of Panchayat Union Councils, in the State shall become whole-time Government Servants.

                   (2) Notwithstanding anything contained in sub-section (1) of Section 96 or in any other provisions of this Act and subject to the provisions of Article 311 of the Constitution, the Government may make Rules regulating the conditions of service of the health assistants, auxiliary nurses, mid-wives and maternity assistants in the public health establishments of Panchayat Union Councils.