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

FUNCTIONS, POWERS AND PROPERTY OF VILLAGE PANCHAYATS, PANCHAYAT UNION COUNCILS AND DISTRICT PANCHAYATS.

110. Duty of Village Panchayat to provide for certain matters.- Subject to the provisions of this Act and the Rules made thereunder, it shall be the duty of Village Panchayat, within the limits of its funds, to make reasonable provision for carrying out the requirements of the Panchayat Village in respect of the following matters, namely:-

(a) the construction, repair and maintenance of all village roads, that is to say, all public roads in the village (other than those classified as National Highways, State Highways, major district roads and Panchayat Union roads) and of all bridges, culverts, road-dams and causeways on such roads:

(c) the construction of drains and the disposal of drainage water and sullage not including sewage;

(d) the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in or disused wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village;

(e) the provision of public latrines and arrangements to cleanse latrines whether public or private;

(g) the sinking and repairing of wells, the excavation, repair and maintenance of ponds

²[ ] and the construction and maintenance of water-works ³[for the supply of water for drinking, washing] and bathing purposes; and

1. Inserted by Tamil Nadu Act 37 of 1997.

2. The expression ‘or tank’ was omitted by Tamil Nadu Act 28 of 2009.

3. Substituted for “for the supply of water for washing” by Tamil Nadu Act 28 of 1998.

111. Power of Village Panchayat to provide for certain other matters.- Subject to the provisions of this Act and the Rules made thereunder a Village Panchayat may also make such provisions as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely:-

(a) the planting and preservation of trees on the sides of all public roads in the village subject to mutually agreed terms and conditions between the Village Panchayat and the authority which maintains the road in case the road is not maintained by the Village Panchayat itself;

(b) the lighting of public roads and public places in areas other than built-up areas;

(c) the opening and maintenance of public markets other than markets which are classified as Panchayat Union markets;

(d) the control of fairs and festivals other than those classified as Panchayat Union fairs and festivals;

(e) the opening and maintenance of public landing places, halting places and cart-stands and of public cattle-sheds;

(h) the establishment and maintenance of wireless receiving sets, ¹[television sets], playgrounds, parks, sports clubs and centres of physical culture;

(i) the opening and maintenance of literacy centres and centres for imparting social education; and

(j) the construction of works of public utility and the provision of other facilities for the safety, health, comfort, convenience, culture or recreation of the inhabitants of the village.

1. Inserted by Tamil Nadu Act 29 of 1999.

2. The following proviso was omitted by Tamil Nadu Act 29 of 1999:- “Provided that nothing in this clause shall apply to water supply for non-irrigation purposes and to sewerage”.

112. Duty of Panchayat Union Council to provide for certain matters.- Subject to the provisions of this Act and the Rules made thereunder, it shall be the duty of a Panchayat Union Council, within the limits of its funds, to make reasonable provision for carrying out the requirements of the Panchayat Union in respect of the following matters, namely:-

(a) the construction, repair and maintenance of all public roads in the Panchayat Union which are classified as Panchayat Union roads and of all bridges, culverts, road-dams and cause ways on such roads;

²[¹[ the excavation, repair and maintenance of tanks and the construction of water works for the supply of water for drinking, washing and bathing purposes.] ]

4. Clause (i) was omitted by Tamil Nadu Act 37 of 1997. Before omission it was read as: “the extension of village sites and the regulation of building.”

113. Entrustment of execution of National Extension Service Scheme of Community Development to Panchayat Union Councils.- The Government shall as soon as may be after the constitution of a Panchayat Union Council for a Panchayat Development Block under this Act entrust to the Panchayat Union Council subject to such conditions and restrictions as may be specified by the Government, the execution in the Panchayat Development Block of the National Extension Service Scheme of Community Development, including in particular, all measures relating to the development of agriculture, animal husbandry and village industries organized on an individual or co-operative basis.

114. Entrustment of certain schemes to Panchayat Union Councils.- (1) Save as otherwise provided in Section 113, the Government may, subject to such conditions and restrictions as may be specified, entrust all or any of the schemes, programmes and activities for economic development, whether such schemes, programmes and activities are to be executed or implemented either by the Government or by any statutory body or other agency to the Panchayat Union Council for its execution or implementation.

(2) The Panchayat Union Council may, if so notified by the Government, review, the schemes, programmes and other activities executed by the Government or by any statutory body or other agency within the Panchayat Union.

115. Power of Panchayat Union Council to provide for certain other matters.- Subject to the provisions of this Act and the Rules made thereunder, a Panchayat Union Council may, within the limits of its funds, make such provision as it thinks fit for carrying out the requirements of the Panchayat Union in respect of measures of public utility other than those specified in Section 112, calculated to promote the safety, health, comfort or convenience of the inhabitants of the Panchayat Union:

1. The following proviso was omitted by Tamil Nadu Act 29 of 1999:-

“Provided that nothing in this Section shall apply to water supply for non-irrigation purposes and to sewerage”.

116. Common burial and burning grounds, etc.- Subject to the provisions of this Act and the Rules made thereunder, two or more Village Panchayats-

(i) may construct and maintain water-works ¹[for supply of water for drinking, washing] and bathing purposes from a common source and may also provide a common burial and burning ground; and

(ii) may entrust to the Panchayat Union Council with its consent and on such terms as may be agreed upon, the management of any institution or the execution or maintenance of any work.

1. Substituted for the words “for supply of water washing” by Tamil Nadu Act 29 of 1999.

117. Lighting of public roads and public places.- Notwithstanding anything contained in clause (b) of Section 111, the Government may, by general or special order, direct any ¹[Village Panchayat or Panchayat Union Council or District Panchayat] to provide for lighting of public roads and public places within its jurisdiction and it shall be the duty of the ¹[Village Panchayat or Panchayat Union Council or District Panchayat] to provide for such light:

Provided that where such a direction is given, the Government shall make such provision for the cost of lighting as they may consider reasonable and the decision of the Government shall be final.

1. Substituted for the words “Village Panchayat or Panchayat Union Council” by Tamil Nadu Act 29 of 1999.

118. Maintenance of common dispensaries, child welfare centres, etc.- Subject to the provisions of this Act and Rules made thereunder, two or more Panchayat Union Councils may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be prescribed.

119. Transfer of immovable property, management of institutions, execution or maintenance of works, etc. to a Village Panchayat.- (1) The Panchayat Union Council may, subject to such control as may be prescribed, by notification declare that any immovable property vested in itself shall vest in any Village Panchayat in the same Panchayat Union and such property shall, from the date specified in the said notification, vest accordingly.

(2) Subject to such Rules as may be prescribed, ¹[the Government, the Director of Rural Development or any other Head of Department or the Collector], the District Panchayat, the Panchayat Union Council or the ²[Secretary], the Commissioner, or any person or body of persons, may transfer to the Village Panchayat, with his consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether within or without the village, and whether provided for in this Act or not.

1. Substituted for the works “the Government, Commissioner of Land Administration, the Collector or Revenue Divisional Officer” by Tamil Nadu Act 29 of 1999.

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

120. Transfer to Village Panchayat of unreserved forests.- (1) (a) All unreserved forests in the village at the commencement of this Act shall vest in the Village Panchayat and be administered by it for the benefit of such village.

(b) In respect of every forest so vested, Village Panchayat shall, if so required by the Collector, pay to the Government such rent as the Collector may, from time to time, subject to the control of the Commissioner of Land Administration, fix in this behalf.

(2) (a) If the Revenue Divisional Officer is of opinion that a Village Panchayat is not administering properly a forest vested in it under sub-section (1), he may by order, withdraw such forest from the control of Village Panchayat for such period as may be specified in the order, not exceeding the period, if any, prescribed in this behalf. He may in respect of such forest direct that it be vested in the Panchayat Union Council and be administered by it.

(b) The Revenue Divisional Officer may, from time to time, by order, extend the period specified in any order issued under clause (a), subject to the

(c) Before issuing an order under clause (a) or (b), a reasonable opportunity shall be given to the Village Panchayat to show cause against such issue.

(d) When an order is issued under clause (a) or (b), the Village Panchayat concerned may, within three months of the service of the order, appeal against it to the Collector and the Collector may confirm, modify or reverse the order.

(3) The Commissioner of Land Administration may, at any time, either suo mottu or on application, call for and examine the record of any order issued by the Revenue Divisional Officer or the Collector under sub-section (2) for the purpose of satisfying himself as to the legality or propriety of such order, and may pass such order in reference thereto as he thinks fit.

121. Power of Government to resume possession of unreserved forest vested in Village Panchayat and payment of compensation, etc.- (1) If in the opinion of the Government any unreserved forest vested in a Village Panchayat under Section 120 is required for any public purpose, they may, by notification, resume the possession and administration of such unreserved forest and upon such resumption by the Government, all rights and interests created in or over such unreserved forest before such resumption shall as against the Government cease and determine.

(2) Whenever the possession and administration of such unreserved forest is resumed by the Government under sub-section (1), there shall be paid to the Village Panchayat concerned compensation for any improvement made by such Village Panchayat in such unreserved forest, as determined in the manner hereinafter provided by the Collector within whose jurisdiction such unreserved forest is situate.

Explanation.- For the purposes of this sub-section, ‘improvement’ means any work or product of a work which adds to the value of the unreserved forest or is suitable to it and consistent with the purpose for which it was vested in the Village Panchayat and shall include the following works or the products of such works-

(a) the erection of buildings or any other structure, the construction of tanks, wells, channels, dams and other works for the storage of supply of water for agricultural or domestic purposes;

(c) the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes;

(d) the renewal or reconstruction of any of the foregoing works or alterations therein or addition thereto;

(e) the planting or protection and maintenance of fruit trees, timber trees and other useful trees and plants.

(3) The compensation payable in respect of the improvements referred to in clauses (a) to (d) of the explanation to sub-section (2) shall be the actual value of such improvements as on the date of resumption of the unreserved forest by the Government which shall include actual cost of the labour, supervision thereof, and of the materials, together with other expenditure, if any, which would be required to make such improvements, less a reasonable deduction on account of the deterioration, if any, which may have taken place from age or other cause. The compensation payable in respect of improvement referred to in clause (e) of the explanation to sub-section (2) shall be such sum which the trees or plants might reasonably be expected to realize if sold by public auction to be cut and carried away at the time of resumption of the unreserved forest by the Government:

Provided that in computing the actual value of such improvements, the value of unreserved forest to which such improvements have been made shall not be taken into account:

Provided further that if any grant for the purpose of making such improvements has been paid by the Government to the Village Panchayat concerned, then, the amount of such grant paid shall be deducted from the amount of compensation payable in respect of such improvements:

Provided also that in the case of trees and plants in the unreserved forest which are of spontaneous growth, the compensation payable in respect of such trees and plants shall be the proper cost of protection and maintenance of such trees and plants.

(4) The amount of compensation referred to in sub-section (2) shall be given to every Village Panchayat, at its option-

(a) in cash in such annual instalments with interest at such rates as may be prescribed, or

(b) in saleable or otherwise transferable promissory notes or other securities or stock certificates of the Government, or

(c) partly in cash or partly in such securities specified in clause (b), as may be required by the Village Panchayats.

(5) The option of the Village Panchayat referred to in sub-section (4) shall be exercised by such Village Panchayat before the expiry of a period of three months from the date of resumption of the possession and administration of the unreserved forest by the Government and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised. Any Village Panchayat which omits or fails to exercise the option referred to in sub-section (4) within the time specified above shall be deemed to have opted for payment in securities and stock certificates referred to in clause (b) of sub-section (4). The amount of compensation payable in instalments shall be paid, and the securities and stock certificates referred to in clause (b) of sub-section (4) shall be issued, within sixty days from the date of receipt by the Government of the option referred to above or where no such option has been exercised from the date before which such option ought to have been exercised.

(6) Any Village Panchayat aggrieved by an order relating to compensation under this section may appeal to the Commissioner of Land Administration within such period and in such manner as may be prescribed. The order of the Commissioner of Land Administration on such appeal and where no appeal is preferred, the order which has not been appealed against, shall be final and shall not be called in question in any court of law.

122. Power of Commissioner of Land Administration to transfer or resume control of endowments and inams.- (1) (a) Subject to the control of the Government, the Commissioner of Land Administration may, by notification, make over to a Panchayat Union Council, with its consent, the management and superintendence of any charitable endowment in respect of which powers and duties attached to the Commissioner of Land Administration under the provisions of the Tamil Nadu Endowments and Escheats Regulation, 1817 (Tamil Nadu Regulation VII of 1817); and thereupon all powers and duties attached to the Commissioner of Land Administration in respect thereof shall attach to the Panchayat Union Councils as if it had been specifically named in the said Regulation, and the Panchayat Union Council shall manage and superintend such endowment.

(b) The Commissioner of Land Administration may, of his own motion and shall on a direction from the Government, by notification, resume the management and superintendence of any endowment made over to a Panchayat Union Council under clause (a) and upon such resumption, all the powers and duties attached to the Panchayat Union Council in respect of the endowment shall cease and determine.

(2) The Government may assign to a Panchayat Union Council with its consent, a charitable inam, resumed by the Government or any other authority, provided that the net income from such inam can be applied exclusively to any purpose to which the funds of such Panchayat Union Council may be applied; and may revoke any assignment so made.

(3) The management and superintendence of any charitable endowment which immediately before the constitution of a Panchayat Union Council for any Panchayat Development Block under this Act was vested in a district board under the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920) shall, on such constitution, vest in the Panchayat Union Council exercising jurisdiction over the place where the endowment is situated.

123. Government’s power to add to functions of Panchayat Union Council.- Subject to such Rules as may be prescribed, the ¹[the Government, the Director of Rural Development or any other Head of Department or the Collector] or any person or body of persons may transfer to the Panchayat Union Council with its consent and on such terms as may be agreed upon, the management of any institution or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty whether within or without the Panchayat Union Council and whether provided for in this Act or not.

1. Substituted for the words “the Government, Commissioner of Land Administration, the Collector or Revenue Divisional Officer” by Tamil Nadu Act 29 of 1999.

124. Limitation of power to accept donations and trusts.- A Panchayat may accept donation for, or Trusts relating exclusively to, the furtherance of any purpose to which its funds may be applied.

125. Vesting of public roads in Village Panchayat.- (a) All public roads in any village (other than roads which are classified by the Government as National Highways or State Highways or as Major District roads or as Panchayat Union roads) shall vest in the Village Panchayat together with all pavements, stones, and other materials thereof, all works, materials and other things provided therefore, all drains, drainage works, tunnels and culverts whether made at the cost of the Village Panchayat or otherwise, in, alongside or under such roads, and all works, materials and things appertaining thereto.

(2) The Government may, by notification, exclude from the operation of this Act any such public road, drain, drainage work, tunnel or culvert and may also modify or cancel such notification.

126. Vesting of public roads in Panchayat Union Councils.- (1) All public roads in any Panchayat Union which are classified as Panchayat Union roads shall vest in the Panchayat Union Council together with all pavements, stones, and other materials thereof, all works, materials and other things provided therefor, all drains, drainage works, tunnels and culverts whether made at the cost of the Panchayat Union Council or otherwise, in, alongside or under such roads, and all works, materials and things appertaining thereto.

(2) The Government may, by notification, exclude from the operation of this Act any Panchayat Union road, drain, drainage work, tunnel or culvert and may also modify or cancel such notification.

127. Duty of Village Panchayat in respect of public roads excluded from the operation of the Act.- Where any public road has been excluded from the operation of this Act under sub-section (2) of Section 125 or sub-section (2) of Section 126 and placed under the control of the Highways Department of Government (hereinafter referred to as the Highways Department), the Village Panchayat may and if so required by the Government shall make provision –

(b) for the provision, maintenance and repair of the drains in, alongside or under such road;

Provided that where in carrying out of the above provisions it is necessary for the Village Panchayat to open and break up the soil or pavement of any such road, the Village Panchayat shall obtain the previous consent of such officer of the Highways Department as the Government may, by general of special order, specify:

Provided further that in cases of emergency the Village Panchayat may, without such consent, open and break up the soil or pavement of any such street, but shall, as far as practicable restore such soil or pavement to the condition in which it was immediately before it was opened and broken up; and a report of the action so taken and the reasons therefore shall be sent forthwith to the officer specified under the foregoing proviso:

Provided also that where the execution of any work is required by the Government, the Government shall make provision for the cost thereof.

128. Precautions in case of dangerous structures.- (1) If any structure adjoining a public road vested in a Panchayat Union Council or a Village Panchayat appears to the Commissioner or the Executive Authority, as the case may be, to be in a ruinous state and dangerous to the passers-by, the Commissioner of Executive Authority may, by notice require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.

(2) If immediate action is necessary, the Commissioner or Executive Authority shall himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he may thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner hereinafter provided.

129. Precautions in case of dangerous trees.- (1) If any tree or any branch of a tree standing on land adjoining a public road vested in a Panchayat Union Council or Village Panchayat appears to the Commissioner or Executive Authority to be likely to fall and thereby endanger any person using, or any structure on such road, the Commissioner or Executive Authority may, by notice, require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom.

(2) If immediate action is necessary, the Commissioner or Executive Authority shall himself, before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or fence off a part of the public road or take such other temporary measures as he thinks fit to prevent danger and the cost of so doing shall be recoverable from the owner of the tree in the manner hereinafter provided.

130. Fencing of buildings or lands and pruning of hedges and trees.- Where a public road is vested in a Panchayat Union Council or Village Panchayat, the Commissioner or Executive Authority may, by public notice, required the owner or occupier of any building or land near such road to-

(a) fence the same to the satisfaction of the Commissioner or Executive Authority;

(b) trim or prune any hedges bordering on such road so that they may not exceed such height from the level of the adjoining roadway as the Commissioner or Executive Authority may determine; or

(c) cut and trim any hedges or trees overhanging such road and obstructing it or the view of traffic or causing it damage; or

(d) lower and enclosing wall or fence which, by reason of its height and situation, obstructs the view of traffic so as to cause danger;

131. Prohibition against obstructions in or over public roads, etc.- (1) No person shall, except as permitted by Rules made under this Act and except in accordance with the conditions imposed by any licence made requisite by such Rules-

(a) build any wall or erect any fence or other obstruction or projection or make any encroachment whatsoever, whether permanent or temporary, ¹[in or over any public road or any property vested in or belonging to or regulated or owned by, a Village Panchayat or Panchayat Union Council];

(b) make any hole or deposit any matter ¹[in or over any public road or any property vested in or belonging to or regulated or owned by, a Village Panchayat or Panchayat Union Council];

(c) work a quarry in or remove stone, earth or other material from any place within twenty metres of a public road or of other immovable property vesting in or belonging to a Village Panchayat or Panchayat Union Council, provided that nothing in this clause shall be deemed to apply to any work which, in the opinion of the Inspector, is done in connection with a bonafide agricultural operation;

(e) plant any tree on any public road or other property vesting in or belonging to a Village Panchayat or a Panchayat Union Council: or

(f) fell, remove, destroy, lop or strip bark, leaves, or fruits from, or otherwise damage, any tree which is growing on any such public road or other property or on any poramboke land, the use of which is regulated by a Village Panchayat under Section 134 or Section 135 and the right to which has not been established by such person as vesting in or belonging to him.

(2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in Village Panchayats or Panchayat Union Councils to the Executive Authority or the Commissioner concerned and to the officer of the Revenue Department, and ²[it shall be the duty of the Executive Authority or the Commissioner concerned either suo motto or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act] and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) and secure such removal.

³[131-A. Prohibition of erection certain hoardings.- Notwithstanding anything contained in this Act or in any other law for the time being in force,-

(a) (i) on or after the date of the commencement of the Tamil Nadu Panchayats (Third Amendment) Act, 2000 (hereinafter in this Section referred to as the amendment Act), no person shall erect any hoarding (other than traffic sign and road sign) visible to the traffic on the road and which is hazardous and disturbance to safe traffic movement so as to adversely affect free and safe flow of traffic;

(ii) where any hoarding is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Executive Authority without any notice;

(b) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to safe traffic movement so as to adversely affect free and safe flow of traffic and which is in existence immediately before the date of commencement of the Amendment Act, the Executive Authority shall by notice in writing, require the owner or any person in possession of such hoarding, to remove such hoarding within such time as may be specified in the notice:

Provided that such time shall not exceed fifteen days from the date of issue of such notice;

(ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Executive Authority shall, without further notice, remove such hoarding and recover the expenditure for such removal as an arrear of land revenue.

Explanation.- For the purpose of this section, “hoarding” means any screen of boards at any place whether public or private used or intended to be used for exhibiting advertisement including the framework or other support, erected, wholly or in part upon or over any land, building, wall or structure visible to public wholly or partly.]

1. Substituted for the words “in or over any public road” by Tamil Nadu Act 29 of 1999.

2. Substituted for the words “it shall be the duty of the Executive Authority or the Commissioner concerned to institute proceedings under this Act” by Tamil Nadu Act 29 of 1999.

132. Vesting of communal property or income in Village Panchayat.- Any property or income including any fishery right which by custom belongs to, or has been administered for the common benefit of the inhabitants of the village or of the holders in common of village land generally or of the holders of lands of a particular description or of the holders of lands under particular source of irrigation shall, if so declared by the Government, vest in the Village Panchayat and be administered by it for the benefit of the inhabitants or holders aforesaid.

133. Maintenance of irrigation works, execution of kudimaramat, etc.- (1) Subject to such conditions and control as may be prescribed, the Government may transfer to any Village Panchayat or to any Panchayat Union Council the protection and maintenance of any irrigation work, the management of turns of irrigation, or the regulation of distribution of water from any irrigation work to the fields depending on it.

(2) The Village Panchayat or the Panchayat Union Council shall have power, subject to such restrictions and control as may be prescribed, to execute kudimaramat in respect of any irrigation source in the village and to levy such fee and on such basis for the purposes thereof as may be prescribed:

Provided that nothing contained in this section shall be deemed to relieve the village community or any of its members of its or his liability under the Tamil Nadu Compulsory Labour Act, 1858 (Central Act I of 1858), in respect of any irrigation source in the village in case the Village Panchayat makes default in executing the kudimaramat in respect of that irrigation source.

(3) Where the maintenance of any irrigation work, is transferred under this section, the fishery rights of Government in such work shall be transferred to and be vested in the Village Panchayat or the Panchayat Union Council, as the case may be, subject to such terms and conditions including terms and conditions regarding the utilisation of the income, as may be specified by the Government.

134. Village Panchayat to regulate the use of certain porambokes in ryotwari tracts.- (1) The provisions of this section shall apply only in ryotwari tracts.

(2) The following porambokes namely, grazing grounds, threshing floors, burning and burial-grounds, cattle-stands, cart-stands and topes shall vest in the Village Panchayat, and the Village Panchayat shall have power, subject to such restrictions and control as may be prescribed to regulate the use of such porambokes, provided the porambokes are at the disposal of the Government.

(3) The Collector, after consulting the Village Panchayat, may by notifications exclude from the operation of this Act, any porambokes referred to in sub-section (2), and may also modify or cancel such notification.

(4) The Village Panchayat shall also have power, subject to *such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the disposal of the Government, if the Village Panchayat is authorized in that behalf by an order of the Government.

(5) The Village Panchayat may, subject to such restrictions and control as may be prescribed, plant trees on any poramboke, the use of which is regulated by it under sub-section (2) or sub-section (4).

135. Village Panchayat to regulate the use of certain communal lands in estates governed by the Tamil Nadu Estates Land Act, 1908.- (1) In estates governed by the Tamil Nadu Estate Land Act, 1908 (Tamil Nadu Act I of 1908), notwithstanding anything contained in that Act, the Village Panchayat shall have power subject to such restrictions and control as may be prescribed-

(a) to regulate the use of lands which are set apart for any of the purposes referred to in item (b) of clause (16) of Section 3 of the said Act, namely, threshing floors, cattle-stand, village-sites and other lands situated in the village which are set apart for the common use of the inhabitants of such village;

(b) to exercise the powers vested in the Collector by Section 20-A of the said Act, namely, to direct that any land referred to in clause (a) which is no longer required for its original purpose shall be used for any other specified communal purpose, provided that the sanction of the Collector is obtained therefor; and

(c) to plant trees on any land the use of which is regulated by the Village Panchayat under clause (a):

Provided that nothing contained in clause (b) shall be deemed to affect in any way the operation of the provisos to sub-section (1) of the said Section 20-A.

(2) After an estate ceases to be governed by the Tamil Nadu Estates Land Act, 1908 (Tamil Nadu Act I of 1908), the provisions of sub-section (1) shall apply to the lands referred to in that sub-section, to such extent and with such modifications, as may be prescribed.

136. Collected rubbish, etc. to belong to Village Panchayat.- All rubbish, filth and other matter collected by a Village Panchayat under this Act shall belong to it.

137. Immovable property required by Village Panchayats and Panchayat Union Councils may be acquired under the Land Acquisition Act, 1894.- Any immovable property which any Village Panchayat or Panchayat Union Council is authorised by this Act or any Rules made thereunder to acquire may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the Village Panchayat or Panchayat Union Council, as the case may be.

138. Contributions from persons having control over places of pilgrimage, etc.- Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fair or festivals or for other like purposes is situated within the limits of a village or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangement necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the Village Panchayat; but the Government may after consulting the trustee or other person having control over such place require him to make such recurring or non-recurring contribution to the funds of the Village Panchayat as they may determine.

139. Power to order closure of places of public entertainment.- In the event of the prevalence of any dangerous disease within a Panchayat Development Block or a Village, the Commissioner may by notice require the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as they may fix.

140. Minor suffering from dangerous disease not to attend schools.- No person being the parent or having the care or charge of a minor who is or has been suffering from dangerous disease or has been exposed to infection therefrom shall, after a notice from the Commissioner or any person duly appointed by such Commissioner in this behalf that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the Commissioner or such person or a registered medical practitioner a certificate that in his opinion such minor may attend without risk of communicating such disease to others.

Explanation.- In this Section and in Section 139”dangerous disease” means an infectious disease within the meaning of Section 52 of the Tamil Nadu Public Health act, 1939 (Tamil Nadu Act III of 1939), which is notified as a dangerous disease by the Government.

141. Compulsory vaccination.- The Panchayat Union Council shall enforce vaccination throughout the Panchayat Union and it may enforce revaccination throughout the Panchayat Union or in any part thereof, in respect of such persons, to such extent, and in such manner, as may be prescribed.

142. Obligation to give information of small pox or cholera.- Where an inmate of any dwelling place is suffering from smallpox or cholera, the head of the family to which the inmate belongs and in default the occupier or person in charge of such place, shall give intimation of the fact to the Commissioner of the Village Administrative Officer with the least possible delay.

143. Precautions in case of dangerous tanks, wells, holes, etc.- (1) If any tank, pond, well, hole, stream, dam, bank or other place appears to him to be, for want of sufficient repair protection or enclosure, dangerous to the public health of safety, the Commissioner or Executive Authority may with the approval of the Panchayat Union Council or Village Panchayat, as the case may be, by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.

(2) If immediate action is necessary, he shall, before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner in the manner hereinafter provided.

144. Removal of filth or noxious vegetation from lands and buildings.- (1) The Commissioner or Executive Authority may by notice require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or dangerous to the public or offensive to the neighbourhood, or otherwise a source of nuisance, to clear, cleanse or otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or undergrowth or to take such other action as may be deemed by the Commissioner of Executive Authority necessary to remove such nuisance within such period and in such manner as may be specified in the notice.

(2) If it appears to the Commissioner or Executive Authority necessary for sanitary purposes so to do, he may by notice require the owner or occupier of any building or land to cleanse or lime-wash the same in the manner and within a period to be specified in the notice.

145. Power of Commissioner or Executive Authority to use or sell materials of dangerous structure taken down, etc.- (1) When the Commissioner or Executive Authority takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof in virtue of his powers under this chapter, the Commissioner or Executive Authority may sell the materials or things taken down, cut down or removed and apply the proceeds in, or towards payment of the expenses incurred.

(2) If after a reasonable enquiry it appears to the Commissioner or Executive Authority that there is no owner of occupier to whom notice can be given under any section in this chapter, he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expenses incurred by the sale of such property (not being immovable property) or of any portion thereof.

146. Limitation of compensation.- No person shall be entitled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by the authorities of a Panchayat Union Council or a Village Panchayat in pursuance of their powers under this chapter.

147. Public markets.- (1) The Panchayat Union Council may, after obtaining the previous written permission of the Inspector, provide places for use as public markets and, with the sanction of the Inspector, close any such market or part thereof.

(2) Subject to such Rules as may be prescribed, the Village Panchayat or Panchayat Union Council may after obtaining the previous written permission of the Inspector, levy any one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any prescribed in that behalf as the Panchayat Union Council or Village Panchayat may think fit:-

(a) fees for the use of, or for the right to expose goods for sale is such market;

(c) fees on vehicles including motor vehicles as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or pack animals bringing, or on persons taking into such market any goods for sale;

(e) licence fees on brokers, commission agents, weighmen and measurers practicing their calling in such market.

148. Licensing of private markets.- (1) No person shall open a new private market or continue to keep open a private market unless he has obtained a licence from the Village Panchayat or Panchayat Union Council, as the case may be, to do so. Such licence shall be renewed every year.

(2) (a) The Village Panchayat or Panchayat Union Council, as the case may be, shall grant the licence applied for subject to such conditions as it may think fit as to supervision and inspection, sanitation, weights and measures to be used, rents and fees to be charged and such other matters as may be prescribed.

(b) The Village Panchayat or Panchayat Union Council, as the case may be, may modify the conditions of licence to take effect from a specified date.

(c) The Village Panchayat or Panchayat Union Council, as the case may be, may at any time, suspend or cancel any licence granted under clause (a) for breach of the conditions thereof.

(d) Any person aggrieved by an order of the Village Panchayat or Panchayat Union Council under clauses (a), (b) or (c) may appeal against such order to the Inspector who may, if he thinks fit, suspend the execution of the order pending the disposal of the appeal.

(3) (a) Any person claiming to levy in a private market lawfully established prior to the coming into force of the Madras Local Boards Act, 1884 (Madras Act V of 1884) fees of the nature specified in sub-section (2) of Section 147, shall apply to the Inspector for a certificate recognising his right in that behalf; and the Inspector shall pass orders on such application after giving due notice to the Village Panchayat of Panchayat Union Council, as the case may be, and considering any representation made by it.

(b) Any person aggrieved by an order of the Inspector refusing to grant a certificate under clause (a) may, within six months from the date of communication of such order, institute a suit to establish the right claimed by him, and subject to the result of such suit, the Inspector’s order shall be final.

(4) When a licence granted under sub-section (2) does not permit the levy of any fee, it shall be granted free of charges; but when such permission is given, a fee not exceeding fifteen percent of the gross income of the owner from the market in the preceding year shall be charged by the Village Panchayat or Panchayat Union Council, as the case may be, for such licence.

(5) The Village Panchayat or Panchayat Union Council, as the case may be, or any officer duly authorised by it may, close a private market which is unlicenced or the licence for which has been suspended or cancelled, or which is held or kept open contrary to the provisions of this Act.

149. Decision of disputes as to whether places are markets.- If any question arises as to whether any place is a market or not, the Village Panchayat or Panchayat Union Council, as the case may be, shall make a reference thereon to the Government and their decision shall be final.

150. Prohibition of sale in unlicenced private markets, etc.- No person shall sell or expose for sale any animal or article-

(a) in any public or licenced private market without the permission of the Executive Authority or Commissioner of licencee, as the case may be, or of any person authorized by him, or

151. Prohibition against sale in public roads.- The Executive Authority or Commissioner may, with the sanction of the Village Panchayat or Panchayat Union Council, as the case may be, prohibit by public notice or licence or regulate the sale or exposure for sale of any animal or article in or upon any public road or place or part thereof.

152. Classification of markets.- The Government shall have power to classify public and private markets situated in Panchayat Development Block as Panchayat Union markets and Village Panchayat market, and provide for the control of any such market, and for the apportionment of the income derived therefrom between the Panchayat Union Council and the Village Panchayat or the payment of a contribution in respect thereof to the Village Panchayat or the Panchayat Union, as the case may be.

It shall be open to the Government to revise from time to time the apportionment of income ordered or the contribution directed to be paid under this section if such revision is recommended by the District Panchayat.

153. Acquisition of right of persons to hold private market.- (1) A Panchayat Union Council may acquire the rights of any person to hold a private market in any place in a Panchayat Development Block and to levy fee therein. The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act I of 1894) and such rights shall be deemed to be land for the purposes of that Act.

(2) On payment by the Panchayat Union Council of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the Panchayat Union Council.

154. Public landing places and cart-stands, etc.- Subject to such Rules as may be prescribed, the Village Panchayat may-

(a) provide public landing places, halting places and cart-stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) and levy fees for their use; and

(b) where any such place or stand has been provided, prohibit the use for the same purpose by any person, within such distance thereof any public place or the sides of any public road as the Village Panchayat may, subject to the control of the Inspector, specify.

155. Private cart-stand.- (1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the Village Panchayat a licence to do so. Such licence shall be renewed every year.

(2) The Village Panchayat shall, as regards private cart-stands already lawfully established, and may at its discretion as regards new private cart-stands, grant the licence applied for, subject to such conditions as the Village Panchayat may think fit as to supervision and inspection, conservancy and such other matters as may be prescribed; or the Village Panchayat may refuse to grant such licence for any new cart-stand.

(3) The Village Panchayat may modify the conditions of the licence to take effect from a specified date.

(4) The Village Panchayat may at any time suspend or cancel any licence granted under sub-section (2) for breach of the conditions thereof.

(5) The Village Panchayat may levy on every grant or renewal of a licence under this section, a fee not exceeding two hundred rupees.

156. Public slaughter-houses.- A Village Panchayat may provide places for use as public slaughter-houses and charge rents and fees for their use.

157. Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers.- The Government shall have power to make Rules for-

(a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified in the Rules on all occasions not excepted therein, at places other than public slaughter-houses;

(b) licensing person to slaughter animals specified in the Rules for purposes of sale to the public; and

(c) the inspection of slaughter-houses and of the meat therein and the payment of remuneration to the officers employed for such inspection.

158. Numbering or naming of building, etc.- (1) In any area to which this Act applies, such authority as may be prescribed in this behalf, may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises.

(2) With the approval of the Government, the Village Panchayat or the Panchayat Union Council shall give name to new Village road or Panchayat Union road, as the case may be, and shall also give name to park, play-ground, bus-stand, arch or new property belonging to, or vesting in, Village Panchayat or Panchayat Union Council and may, subject to the approval of the Government, alter the name of any such road, park, play-ground, bus-stand, arch or property.

(3) No person shall, without lawful authority, destroy, pull down or deface any such number.

(4) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced; and if he fails to do so, the authority referred to in sub-section (1) may be notice require him to replace it.

159. Purposes for which places may not be used without a licence.- (1) The Government may, by notification, specify the purposes which in their opinion, are likely to be offensive or dangerous to human life or health or property.

¹[(2) The Village Panchayat may, with the previous approval of the prescribed authority, notify that no place within the limits of the Panchayat Village shall be used for any of the purposes specified in the notification issued under sub-section (1) without a licence and except in accordance with the conditions specified in such licence.]

(3) No notification issued under sub-section (1) or sub-section (2) shall take effect until sixty days from the date of its publication.

²[(4) The Village Panchayat shall be the authority competent to grant the licence or to refuse to grant it.]

1. Substituted by Tamil Nadu Act 19 of 1999.

2. Substituted for the following sub-section (4) by Tamil Nadu Act 19 of 1999.

“(4) The Commissioner shall be the authority to competent to grant the licence or to refuse to grant it in the case of Panchayat Villages.”

160. Permission for construction of factories and the installation of machinery.- No person shall, without the permission of the Panchayat Union Council in Panchayat Villages and except in accordance with the conditions specified in such permission,-

(a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power or other mechanical power or electrical power, or

(b) install in any premises any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by the Rules.

161. Power of Government to make Rules in respect of the grant and renewal of licences and permissions.- (1) The Government may make Rules-

(a) prohibiting or regulating the grant or renewal of licences under Section159 and the period for which such licences shall be valid;

(b) as to the time within which applications for such licences or renewals thereof shall be made; and

(2) Rules made under clause (c) of sub-section (1) may empower the Panchayat Union Council in Panchayat Villages and Panchayat Unions to set apart specified areas for industrial purposes and provide for the refusal of permission under Section 160 in respect of any factory, workshop, workplace or premises outside such areas and also, subject to the sanction of the prescribed authority for the removal to such areas, of any factory, workshop or workplace which has been already established at any place, or any machinery which has already been installed in any premises, situated outside such areas;

Provided that no such Rules shall authorise the removal of any factory, workshop or workplace or machinery installed in any premises, in the occupation or under the control of the Central or the State Government or of a Market Committee established under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989).

(3) The Government may either generally or in any particular case, make such order or give such directions as they deem fit in respect of any action taken or omitted to be taken under Section 159 or Section 160.

(4) The income derived from fees on licences under Section 159 and on permission under Section 160 shall, if received by the Panchayat Union Council, credited to the funds of the Village Panchayat concerned.

162. Modification of the Tamil Nadu Places of Public Resort Act, 1888.- Notwithstanding anything contained in the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu Act II of 1888), when the Government extend that Act to any village, or part thereof-

(a) the authority to whom application shall be made for a licence under the Act in respect of any place or building to be used exclusively for purposes other than the holding of cinematograph exhibitions, and who may grant or refuse such licence, shall be the Commissioner in the case of Panchayat Villages;

(b) the appeal from the order of the Commissioner granting, refusing, revoking or suspending a licence, shall lie to the Panchayat Union Council;

(c) the income derived from fees on licences under this Section shall, if received by the Panchayat Union Council be credited to the funds of the Village Panchayats concerned.

163. Functions of District Panchayat.- (1) The District Panchayat shall advise the Government on all matters concerning the activities of Village Panchayats, Panchayat Union Councils in the district as well as on all matters relating to the development of the economic resources of the district and the services maintained therein for promoting the culture and welfare of the inhabitants of the district.

(2) In particular, it shall be the duty of the District Panchayat to perform the following functions, namely:-

(a) advising the Government on all matters relating to the services maintained by and all development schemes undertaken by all Village Panchayats and Panchayat Union Councils in the district as well as those agencies in the district, which are under the administrative control of the Government;

(b) watching the progress of the measures undertaken by the Government, Village Panchayats, Panchayat Union Councils and departmental agencies in respect of the services and development schemes aforesaid;

(c) advising the Government on matters concerning the implementation of any provision of law or any order specifically referred to by the Government to the District Panchayat such as-

(i) classification of markets as Village Panchayat markets and Panchayat Union markets and fixing rates of contribution payable by one authority to the other;

(ii) classification of fairs and festivals as Village Panchayat fairs, Village Panchayat festivals and Panchayat Union fairs and Panchayat Union festivals;

(iii) classification of public roads (other than roads classified by the Government as National Highways, State Highways and Major District roads) as Panchayat Union roads and Panchayat Village roads;

(d) advising the Government on all matters relating to development of road transport.

164. General powers of District Panchayat.- For the purpose of efficiently performing its functions under this Act, every District Panchayat may, within the limits of its jurisdiction,-

(c) publish statistics or other information relating to various aspects of the regulation or development of the activities of Panchayat Union Councils and Village Panchayats in the district;

(d) require any Panchayat Union Council or Village Panchayat to furnish such information as may be required by it in relation to the measures undertaken by that Panchayat Union Council or Village Panchayat for the regulation or development of its activities and such other matters as may be prescribed.

165. Annual report of District Panchayat.- (1) The District Panchayat shall prepare in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Government.

1. Sub-Section(2) omitted by TamilNadu Act 34 of 2008

166. Returns and reports of District Panchayat.- Every District Panchayat shall furnish to the Government such returns, reports, statistics and other informations with respect to its activities as the Government may from time to time require.

¹[166-A. Annual report of the functioning of Panchayats. – The Government shall lay on the table of the Legislative Assembly, an annual report on the functioning of the Panchayats in the State.]

1. Inserted by Tamil Nadu Act No.34 of 2008.