|
THE TAMIL NADU
PANCHAYATS ACT, 1994
(Tamil Nadu
Act 21 of 1994)
CHAPTER X
CONTROLLING AUTHORITIES
199. Appointment of
officers to supervise Panchayats.- (1) The Government may appoints such
officers as may be required for the purpose of inspecting or superintending
the operations of all or any of the Panchayats constituted under this Act.
(2)
The Government shall have power to regulate by rules made under this Act, the
classifications, methods of recruitment, conditions of service, pay and
allowances and discipline and conduct of the officers referred to in
sub-section (1) and of the members of their establishments.
200. Powers of Inspecting
Officers.- (1) The Inspector or the Collector or any officer appointed
under Section 199 or any other officer or person whom the Government or the
Inspector or the Collector may empower in this behalf, may-
(a)
enter on and inspect any immovable property, or any work in progress,
under the control of any Panchayat or any Executive Authority or
Commissioner, or 1[Secretary];
(b) enter any school, dispensary,
vaccination station or choultry maintained by or
under the control of any Panchayat or any other institution maintained by or
under the control of any Panchayat and inspect any records, registers or
other documents kept in any such institution;
(c) enter the
office of any Panchayat and inspect any records, registers or other documents
kept therein.
(2)
Village Panchayats and their Presidents, Executive Authorities, Panchayat
Union Councils, and their
Chairmen, Commissioners, District Panchayats and their Chairmen, 1[Secretaries]
and the officers and servants of Panchayats shall be bound to afford to the
officers and persons aforesaid, such access, at all reasonable times, to
Panchayat property or premises and to all documents as may, in the opinion of
such officers or persons, subject to such rules as may be prescribed, be
necessary to enable them to discharge their duties under this section.
1. Substituted
for the words “Chief Executive Officer” by Tamil Nadu Act 28 of 1998.
201. Powers of officers
for purpose of control.- The Inspector or any officer or person whom the
Government or the Inspector, may empower in this behalf may-
(a) direct the Village Panchayat or
Panchayat Union Council or the District Panchayat to make provision for and
to execute or provide any public work or amenity, or service of the
description referred to in Section 110, 112 and 163;
(b) call for any record, register or
other document in the possession, or under the control of any Panchayat or
Executive Authority, or Commissioner or 1[Secretary];
(c) require any Panchayat or Executive
Authority or Commissioner or the 1[Secretary] to furnish any
return, plan, estimate, statement, account or statistics;
(d) require any Panchayat or Executive
Authority or Commissioner or the 1[Secretary] to furnish any
information or report on any matter connected with such Panchayat;
(e) require any Panchayat or Executive
Authority or the Commissioner or the 1[Secretary] to obtain his
previous sanction before giving up a claim or closing down any institution
which is a source of income;
(f) record in
writing for the consideration of any Panchayat or Executive Authority or Commissioner
or the 1[Secretary], any observations in regard to its or his
proceedings or duties.
1. Substituted
for the words “Chief Executive Officer” by Tamil Nadu Act 28 of 1998.
202. Power to suspend or
cancel resolution, etc. under the Act.- (1) The Inspector may, by order
in writing-
(i) suspend or cancel any resolution passed,
order issued, or licence or permission granted, or
(ii)
prohibit the doing of any act which is about to be done or is being done, in
pursuance or under colour of this Act, if in his
opinion,-
(a)
such resolution, order, licence, permission or act
has not been legally passed, issued, granted or authorised,
or
(b)
such resolution, order, licence, permission or act
is in excess of the powers conferred by this Act or any other law or an abuse
of such powers or is considered by the Inspector to be otherwise undesirable,
or
(c)
the execution of such resolution or order, or the continuance in force of
such licence or permission or the doing of such act
is likely to cause danger to human life, health or safety, or is likely to
lead to a riot or an affray;
Provided
that nothing in this sub-section shall enable the Inspector to set aside any
election which has been held.
(2)
The Inspector shall, before taking action on any of the grounds referred to
in clauses (a) and (b) of
sub-section (1), give the authority or person concerned an opportunity for
explanation.
(3)
The power conferred on the Inspector under clause (c) of sub-section (1) may be exercised by the Collector in
accordance with the provisions of that clause.
203. Emergency powers of
Collector and Inspector.- Subject to such control as may be prescribed,
the Inspector or the Collector may, in cases of emergency, direct or provide
for the execution of any work, or the doing of any act which a Panchayat or
Executive Authority or Commissioner or 1[Secretary] is empowered
to execute or do and the immediate execution or doing of which is in his
opinion necessary for the safety of the public and may direct that the
expense of executing such work or doing such act shall be paid by the person
having the custody of the Village Panchayat Fund or the Panchayat Union
(General) Fund or the District Panchayat (General) Fund in priority to any
other charges against such Fund except charges for the service of authorised loans.
1. Substituted
for the words “Chief Executive Officer” by Tamil Nadu Act 28 of 1998.
204. Power to take action
in default of a Village Panchayat, President or Executive Authority, etc.
– (1) If at any time it appears to the Inspector that a Village
Panchayat, President or Executive Authority or that a Panchayat Union Council
or its Chairman or Commissioner or a District Panchayat or its Chairman or 1[Secretary],
has made default in performing any duty imposed by or under this or any other
Act, he may, by order in writing, fix a period for the performance of such
duty.
(2)
If such duty is not performed within the period so fixed, the Inspector may
appoint some person to perform it and may direct that the expense of
performing it shall be paid by the person having the custody of the Village
Panchayat Fund or the Panchayat Union Fund or the District Panchayat
(General) Fund as the case may be, in priority to any other charges against
such Fund except charges for the service of authorised
loans.
(3)
If on a representation in writing made by the President, the Inspector is
satisfied that due to the non-co-operation of the members with the President,
the Village Panchayat is not able to function, the Inspector may, by notification,
authorize the President to perform, subject to the control of the Inspector,
such of the duties imposed upon the Village Panchayat by law and for such
period not exceeding six months as may be specified in such notification.
During the period for which the President is so authorised,
there shall be no meeting of the Village Panchayat.
(4)
If on a representation in writing made by the Chairman, the Government are
satisfied that due to the non-co-operation of the members with the Chairman,
the Panchayat Union Council or the District Panchayat, as the case may be, is
not able to function, the Government may, by notification, authorise the Chairman to perform, subject to the control
of the Government or any officer authroised by the
Government in this behalf, such of the duties imposed upon the Panchayat
Union Council or the District Panchayat, as the case may be, by law and for
such period not exceeding six months as may be specified in such
notification. During the period for which the Chairman is so authorised, there shall be no meeting of the Panchayat
Union Council or the District Panchayat.
1. Substituted
for the words “Chief Executive Officer” by Tamil Nadu Act 28 of 1998.
205. Removal of President.- (1) The
Inspector-
(a) of his own motion, or
(b) on a representation in writing
signed by not less than two-thirds of the sanctioned strength of the Village
Panchayat containing a statement of charges against the President and
presented in person to the Inspector by any two of the members of the Village
Panchayat,
is satisfied that the President willfully omits
or refuses to carry out or disobeys any provision of this Act, or any Rule,
bye-law, Regulation or lawful order made or issued under this Act or abuses
any power vested in him, the Inspector shall, by notice in writing, require
the President to offer within a specified date, his explanation with respect
to this acts of omission or commission mentioned in the notice.
(2)
If the explanation is received within the specified date and the Inspector
considers that the explanation is satisfactory, he may drop further action
with respect to the notice. If no explanation is received within the
specified date or if the explanation received is in his opinion not
satisfactory, he shall forward to the Tahsildar of
the taluk a copy of the notice referred to in
sub-section (1) and the explanation of the President if received within the
specified date with a proposal for the removal of the President for
ascertaining the views of the Village Panchayat.
(3)
The Tahsildar shall then convene a meeting for the
consideration of the notice and the explanation, if any and the proposal for
the removal of the President, at the office of the Village Panchayat at a
time appointed by the Tahsildar.
(4)
A copy of the notice of the meeting shall be caused to be delivered to the
President and to all the members of the Village Panchayat by the Tahsildar atleast seven days
before the date of the meeting.
(5)
The Tahsildar shall preside at the meeting convened
under this section and no other person shall preside thereat. If, within half
an hour appointed for the meeting, the Tahsildar is
not present to preside at the meeting, the meeting shall stand adjourned to a
time to be appointed and notified to the members and the President by the Tahsildar under sub-section (6).
(6)
If the Tahsildar is unable to preside at the
meeting, he may, after recording his reasons in writing, adjourn the meeting
to such other time as he may appoint. The date so appointed shall be not
later than thirty days from the date so appointed for the meeting under
sub-section (3). Notice of not less than seven clear days shall be given to
the members and the President of the time appointed for the adjourned
meeting.
(7)
Save as provided in sub-sections (5) and (6), a meeting convened for the
purpose of considering the notice and the explanation, if any and the
proposal for the removal of the President under this section shall not for
any reason, be adjourned.
(8)
As soon as the meeting convened under this section is commenced, the Tahsildar, shall read to the Village Panchayat the notice
of the Inspector and the explanation if any, of the President 1[and
the proposal for the removal of the President], for the consideration of
which it has been convened.
2[(8-A)
There shall be no debate in any meeting under this section].
(9)
The Tahsildar shall not speak on the merits of the
notice or explanation nor shall be entitled to vote at the meeting.
(10)
The views of the Village Panchayat shall be duly recorded in the minutes of
the meeting and a copy of the minutes shall forthwith on the termination of
the meeting be forwarded by the Tahsildar to the
Inspector.
(11)
The Inspector may, after considering the views of the Village Panchayat in
this regard, in his discretion either remove the President from office by
notification with effect from a date to be specified therein or drop further
action.
(12)
The Government shall have power to cancel any notification issued under
sub-section (11) and may, pending a decision on such cancellation, postpone
the date specified in such notification.
3[(13)
Any person in respect of whom a notification has been issued under
sub-section (11) removing from the office of President shall, unless the
notification is cancelled under sub-section (12), be ineligible for election as President until
the expiry of three years from the date specified in such notification as
postponed by the order, if any, issued under sub-section (12)].
1. Inserted
by Tamil Nadu Act 2 of 1999.
2. Sub-section
8-A was inserted by Tamil Nadu Act 2 of 1999.
3. Sub-section
(13) substituted by Tamil Nadu Act 16 of 2007 w.e.f. 8th June, 2007.
206. Removal of Vice
President.-
(1) If in the opinion of the Inspector, the Vice President willfully omits or
refuses to carry out or disobeys any provisions of this Act or any Rule,
Bye-law, Regulation, or lawful order made or issued under this Act or abuses
any power vested in him, the Inspector shall, by notice in writing, require
the Vice President to offer within a specified date, his explanation with
respect to his cases of omission or commission mentioned in the notice.
(2)
The provisions of sub-sections (2) to (13) (both inclusive of Section 205 shall,
as far as may be, apply in relation to the removal of the Vice President as
they apply in relation to the removal of the President by the Inspector on
his own motion.
207. Removal of Chairman of Panchayat
Union Council.- (1) If the Government-
(a) of their own motion, or
(b) on a representation in writing
signed by not less than two-thirds of the strength of the Panchayat Union
Council containing a statement of charges against the Chairman of the
Panchayat Union Council and presented in person to any officer appointed by
the Government in this behalf by any two of the members of the Panchayat
Union Council, are satisfied that the Chairman willfully omits or refuse to
carry out or disobeys the provision of this Act, or any Rules, Bye-laws, Regulations
or lawful orders issued thereunder or abuses the
powers vested in him, the Government shall, by notice in writing, require the
Chairman to offer within a specified date, his explanation with respect to
his acts of omission or commission mentioned in the notice.
(2)
If the explanation is received within the specified date and the Government consider that the explanation is satisfactory, the
Government may drop further action with respect to the notice. If no
explanation is received within the specified date or if the explanation
received is in their opinion not satisfactory, the Government shall forward
to the Revenue Divisional Officer of the division a copy of the notice
referred to in sub-section (1) and the explanation of the Chairman with a
proposal for the removal of the Chairman from office for ascertaining the
views of the Panchayat Union Council.
(3)
The Revenue Divisional Officer shall then convene a meeting for the
consideration of the notice and the explanation, if any, and the proposal for
the removal of the Chairman, at the office of the Panchayat Union Council at
a time appointed by the Revenue Divisional Officer.
(4)
A copy of the notice of the meeting shall be caused to be delivered to the concerned Chairman
and to all the members of the Panchayat Union Council by the Revenue
Divisional Officer atleast seven days before the
date of the meeting.
(5)
The Revenue Divisional Officer shall preside at the meeting convened under
this section and no other person shall preside thereat. If within half an
hour appointed for the meeting, the Revenue Divisional Officer is not present
to preside at the meeting, the meeting shall stand adjourned to a time to be
appointed and notified to the members by the Revenue Divisional Officer under
sub-section (6).
(6) If the Revenue Divisional
Officer is unable to preside at the meeting, he may, after recording his
reasons in writing, adjourn the meeting to such other time as he may appoint.
The date so appointed shall be not later than thirty days from the date appointed
for the meeting under sub-section (3). Notice of not less than seven clear
days shall be given to the members of the time appointed for the adjourned
meeting.
(7)
Save as provided in sub-sections (5) and (6), a meeting convened for the
purpose of considering the notice and the explanation, if any and the
proposal for the removal of the Chairman under this section shall not for any
reason, be adjourned.
(8)
As soon as the meeting convened under this section is commenced, the Revenue
Divisional Officer shall read to the Panchayat Union Council the notice of
the Government and the explanation, if any, of the Chairman 1[and
the proposal for the removal of the Chairman], for the consideration of which
it has been convened.
(9)
There shall be no debate in any meeting under this section.
(10)
The Revenue Divisional Officer shall not speak on the merits of the notice or
explanation nor shall he be entitled to vote at the meeting.
(11)
The views of the Panchayat Union Council shall be duly recorded in the
minutes of the meeting and a copy of the minutes shall forthwith on the
termination of the meeting be forwarded by the Revenue Divisional Officer to
the Government.
(12)
The Government may, after considering the views of the Panchayat Union
Council in this regard in their discretion either remove the Chairman from
office by notification with effect from a date to be specified therein or
drop further action.
2[(13)
Any person in respect of whom a notification has been issued under
sub-section (12) removing him from the office of Chairman shall be ineligible
for election as Chairman and for holding any of those offices until the
expiry of three years from the date specified in the notification].
1. Inserted
by Tami Nadu Act 2 of 1999.
2. Sub-section
(13) substituted by Tamil Nadu Act 16 of 2007 w.e.f. 8th June, 2007.
208. Removal of Vice-Chairman
of Panchayat Union Council.- (1) If in the opinion of the Government, the
Vice-Chairman of the Panchayat Union
Council willfully omits or refuses to carry out or disobeys any provisions of
this Act or any Rules, Bye-laws, Regulations, or lawful order issued thereunder or abuses any power vested in him, the
Government shall, by notice in writing, require the Vice Chairman to offer
within a specified date, his explanation with respect to this acts of
omission or commission mentioned in the notice.
(2)
The provisions of sub-sections (2) to (13) (both inclusive) of Section 207
shall, as far as may be, apply in relation to the removal of the Vice
Chairman as they apply in relation to the removal of the Chairman of the
Panchayat Union Council by the Government on their own motion.
209. Removal of Chairman
of District Panchayat.- (1) If the Government-
(a) of their own motion, or
(b) on a representation in writing
signed by not less than two-thirds of the strength of the District Panchayat
containing a statement of charges against the Chairman of the District
Panchayat and presented in person to any officer appointed by the Government
in this behalf by any two of the members of the District Panchayat, are
satisfied that the Chairman willfully omits or refuses to carry out or
disobeys the provisions of this Act, or any Rules, Bye-laws, Regulations or
lawful orders issued thereunder or abuses the
powers vested in him, the Government shall, by notice in writing, require the
Chairman to offer within a specified date, his explanation with respect to
his acts of omission or commission mentioned in the notice.
(2)
The provisions of sub-sections (2) to (13) (both inclusive) of Section 207
shall, as far as may be, apply in relation to the removal of the Chairman of
District Panchayat as they apply in relation to the removal of the Chairman
of the Panchayat Union Council by the Government on their own motion.
210. Removal of Vice-Chairman of District
Panchayat.- (1) If in the opinion of the Government, the Vice-Chairman of
District Panchayat willfully omits or refuses to carry out or disobeys any
provisions of this Act or any Rules, Bye-laws, Regulations, or lawful order
issued thereunder or abuses any power vested in
him, the Government shall, by notice in writing, require the Vice Chairman of
District Panchayat to offer within a specified date, his explanation with
respect to his acts of omission or commission mentioned in the notice.
(2)
The provisions of sub-sections (2) to (13) (both inclusive) of Section 207
shall, as far as may be, apply in relation to the removal of the Vice
Chairman of District Panchayat, as they apply in relation to the removal of
the Chairman of the Panchayat Union Council by the Government on their own
motion.
1[210-A. Removal of President, Vice-President, Chairman, Vice-Chairman
or member convicted under Section 246-A.- (1) Notwithstanding anything
contained in this Act, the Government may, by notification, remove any
President, Vice President or member of a Village Panchayat or Chairman, Vice
Chairman or member of a Panchayat Union Council or of a District Panchayat
who is convicted twice of an offence punishable under Section 246-A.
(2)
The Government shall, when they propose to take action under sub-section (1),
give the President, Vice-President, Chairman, Vice-Chairman or member
concerned, an opportunity to explain and the notification issued under the
said sub-section shall contain a statement of the reasons of the Government
for the action taken.
2[(3) Any person removed under sub-section(1) from
the office of President, Vice-President, Chairman, Vice-Chairman or member,
as the case may be, shall not be eligible for election to the said office
until the expiry of three years from the date specified in such notification,
issued under sub-section (1)].
1. Section
210-A inserted by Tamil Nadu
Act 52 of 2002.
2. Sub-section
(3) substituted by Tamil Nadu Act 16 of 2007 w.e.f. 8th June, 2007.
211. Motion of no
confidence in Vice-President of Village Panchayat.- (1) Subject to the provisions
of this section, a motion expressing want of confidence in the Vice President
of a Village Panchayat may be made in accordance with the procedure laid down
herein.
(2)
Written notice of intention to make the motion, signed by members of the
Village Panchayat 1[not less in number than three-fifth of the
sanctioned strength] of the Village Panchayat, together with a copy of the
motion which is proposed to be made and a written statement of the charges
against the Vice President, shall be delivered in person to the Tahsildar of the Taluk by any
two of the members of the Village Panchayat signing the notice.
(3)
A copy of the statement of charges along with the notice of the meeting shall
be caused to be delivered to the Vice President concerned by the Tahsildar and the Vice President shall be required to
give a statement in reply to the charges within a week of the receipt of the
notice by the Vice President.
(4)
The Tahsildar shall, after the expiry of the period
of the notice issued under sub-section (3), convene a meeting for the
consideration of the motion, at the office of the Village Panchayat at a time
appointed by him.
(5)
The Tahsildar shall give to the members
notice of not less than fifteen clear days of such meeting and of the time
appointed therefor.
(6)
The Tahsildar shall preside at the meeting convened
under this section, and no other person shall preside thereat. If within half
an hour after the time appointed for the meeting, the Tahsildar
is not present to preside at the meeting, the meeting shall stand adjourned
to a time to be appointed and notified to the members by the Tahsildar under sub-section (7).
(7)
If the Tahsildar is unable to preside at the
meeting, he may, after recording his reasons in writing, adjourn the meeting
to such other time as he may appoint. The date so appointed shall not be
later than thirty days from the date appointed for the meeting under
sub-section (4). Notice of not less than seven clear days shall be given to
the members, of the time appointed for the adjourned meeting.
(8)
Save as provided in sub-sections (6)
and (7), a meeting convened for the purpose of considering a motion under
this section shall not for any reason be adjourned.
(9)
As soon as the meeting convened under this section has commenced, the Tahsildar shall read to the Village Panchayat, the motion
for the consideration of which it has been convened, the statement of charges
and the written statement, if any, of the Vice-President in reply to the said
charges.
(10)
There shall be no debate on any motion under this section.
(11)
The Tahsildar shall not speak on the merits of the
motion, nor shall he be entitled to vote thereon.
(12)
A copy of the minutes of the meeting together with a copy of the motion and
the result of the voting thereon shall forthwith on the termination of the
meeting be forwarded by the Tahsildar to the
Inspector.
(13)
If the motion is carried with the support of 2[not less than
four-fifth of the sanctioned strength] of the Village Panchayat, the
Inspector, shall by notification, remove the Vice-President of the Village
Panchayat.
(14)
If the motion is not carried by such a majority as aforesaid, or if the
meeting cannot be held for want of the quorum referred to in sub-section
(13), no notice of any subsequent motion expressing want of confidence in the
same Vice-President shall be received until after the expiry of 3[one
year] from the date of the meeting.
4[(15)
No notice of a motion under this section shall be received,-
(i) within one year of the assumption of office by; or
(ii)
during the last year of the term of office of a Vice-President.]
1. Substituted
for the expression “not less in number than one-half of the sanctioned
strength” by Tamil Nadu Act
10 of 2008.
2. Substituted
for the expression “not less than two-thirds of the sanctioned
strength” by Tamil Nadu Act
10 of 2008.
3. Substituted
for the expression “six months” by Tamil Nadu
Act 10 of 2008.
4. Substituted
for the following sub-section (15) by Tamil Nadu Act 10 of 2008
“(15) No notice of a motion
under this section shall be received within six months of the assumption of
office by the Vice-President".
212. Motion of no
confidence in 1[Chairman
or Vice-Chairman] of Panchayat Union Council.- (1) Subject to the provisions of this
section, a motion expressing want of confidence in the 1[Chairman
or Vice-Chairman] of a Panchayat Union Council may be made in accordance with
the procedure laid down herein.
(2)
Written notice of intention to make the motion, signed by members of the
Panchayat Union Council 2[not less in number than three-fifth of
the sanctioned strength] of the Panchayat Union Council, together with a copy
of the motion which is proposed to
be made and
a written statement
of the charges
against the 1[Chairman
or Vice-Chairman], shall be delivered in person to the Revenue Divisional
Officer of the division by any two of the members of the Panchayat Union
Council signing the notice.
(3)
A copy of the statement of charges along with the motion shall be caused to
be delivered to the concerned 1[Chairman or Vice-Chairman] by the
Revenue Divisional Officer and the 1[Chairman or Vice-Chairman] shall be required to
give a statement in reply to the charges within a week of the receipt of the
motion by the 1[Chairman or Vice-Chairman].
(4)
The Revenue Divisional Officer shall then convene a meeting for the
consideration of the motion at the office of the Panchayat Union Council at a
time appointed by him.
(5)
The Revenue Divisional Officer shall give to the members
notice of not less than fifteen clear days of the meeting and of the time
appointed therefor.
(6)
The Revenue Divisional Officer shall preside at the meeting convened under
this section, and no other person shall preside thereat. If within half an
hour after the time appointed for the meeting, the Revenue Divisional Officer
is not present to preside at the meeting, the meeting shall stand adjourned
to a time to be appointed and notified to the members by the Revenue
Divisional Officer under sub-section (7).
(7)
If the Revenue Divisional Officer is unable to preside at the meeting, he
may, after recording his reasons in writing adjourn the meeting to such other
time as he may appoint. The date so appointed shall not be later than thirty
days from the date appointed for the meeting under sub-section (4). Notice of
not less than seven clear days shall be given to the members of the time
appointed for the adjourned meeting.
(8)
Save as otherwise provided in
sub-sections (6) and (7), a meeting convened for the purpose of considering a
motion under this section shall not for any reason be adjourned.
(9)
As soon as the meeting convened under this section has commenced, the Revenue
Divisional Officer shall read to the Panchayat Union Council the motion for
the consideration of which it has been convened, the statement of charges and
the statement, if any, of the 1[Chairman or Vice-Chairman] in
reply to the said charges.
(10)
There shall be no debate on any motion under this section.
(11)
The Revenue Divisional Officer shall not speak on the merits of the motion,
nor shall he be entitled to vote thereon.
(12)
A copy of the minutes of the meeting together with a copy of the motion and
the result of the voting thereon shall forthwith on the termination of the
meeting be forwarded by the Revenue Divisional Officer to the Government.
(13)
If the motion is carried with the support of 3[not less than four-fifth
of the sanctioned strength] of the Panchayat Union Council, the Government
shall, by notification, remove the 1[Chairman or Vice-Chairman] of
the Panchayat Union Council.
(14)
If the motion is not carried by such a majority aforesaid, or if the meeting
cannot be held for want of the quorum referred to in sub-section (13), no
notice of any subsequent motion expressing want of confidence in the same 1[Chairman
or Vice-Chairman] shall be received until after the expiry of 4[one
year] from the date of the meeting.
5[(15)
No notice of a motion under this section shall be received,-
(i) within one year of the assumption of office by; or
(ii)
during the last year of the term of office of a 2[Chairman or Vice-Chairman]].
1. Substituted
for the words “Vice-Chairman” by Tamil Nadu
Act 31 of 1999.
2. Substituted
for the expression “not less in number than one-half of the
sanctioned strength” by Tamil Nadu
Act 10 of 2008.
3. Substituted
for the expression “not less than two-thirds of the sanctioned
strength” by Tamil Nadu Act 10 of
2008.
4. Substituted
for the words “six months” by Tamil Nadu Act 31 of 1999.
5. Substituted
for the following sub-section (15) by Tamil Nadu Act 10 of 2008.
“(15) No notice of a motion
under this section shall be received within one year of the assumption of
office by the Chairman or Vice-Chairman".
213. Motion of no
confidence in 1[Chairman
or Vice-Chairman] of District Panchayat.- A motion expressing want of confidence in
the 1[Chairman or Vice-Chairman] of a District Panchayat may be
made in accordance with the procedure specified in sub-sections (2) to (15)
(both inclusive) of Section 212, subject to the modification that the
reference to Revenue Divisional Officer in the said sub-sections shall be
construed as a reference to Collector.
1. Substituted
for the words “Vice Chairman” by Tamil Nadu Act 31 of 1999.
214. Dissolution of Village Panchayat.- (1) If, in
the opinion of the Government, a Village Panchayat is not competent to
perform or persistently makes default in performing the duties imposed on it
by law, or exceeds or abuses its powers, they may, by notification, direct
that the Village Panchayat be dissolved with effect from a specified date and
reconstituted with effect from a specified date which shall be within a
period of six months from the date of such dissolution.
(2)
Before publishing a notification under sub-section (1), the Government shall
communicate to the Village Panchayat, the grounds on which they propose to do
so, fix a reasonable period for the Village Panchayat to show cause against
the proposal and consider its explanations and objections if any.
(3)
On the date fixed for the dissolution of a Village Panchayat under
sub-section (1), all its members as well as its President and Vice-President
shall forthwith be deemed to have vacated their offices as such and thereupon
the provisions contained in the proviso to sub-section (2) of Section 16
shall apply.
(4)
In case the President of a Village Panchayat which is dissolved under this
section is a member of a Panchayat Union Council, he shall, with effect on
and from the date of the dissolution, be deemed to have vacated his office as
such member notwithstanding anything contained in Section 22.
(5)
On the reconstitution of the Village Panchayat after the dissolution, the
Government may pass such orders as they deem fit as to the transfer to the
Village Panchayat from the Panchayat Union Council of the assets or
institutions which were acquired by the Panchayat Union Council during the
period of dissolution on behalf of the Village Panchayat and as to the
discharge of the liabilities if any, of such Village Panchayat relating to
such assets or institutions.
(6)
In the case of a Village Panchayat reconstituted after dissolution, the
elected member including the President shall enter upon their offices on the
date fixed for its reconstitution and shall hold their offices only for the
remainder of the period for which the
dissolved Village
Panchayat would have continued under
sub-section (1) of Section 9, had it not been dissolved.
215. Dissolution of Panchayat Union
Council.- (1) If, in the opinion of the Government a Panchayat Union
Council is not competent to perform or persistently makes default in
performing the duties imposed on it by law or exceeds or abuses its powers,
they may, by notification-
(a) dissolve the Panchayat Union
Council from a specified date; and
(b) direct
that the Panchayat Union Council be reconstituted with effect from a date
which shall not be later than six months from the date of dissolution.
(2)
Before publishing a notification under sub-section (1), the Government shall
communicate to the Panchayat Union Council the grounds on which they proposed
to do so, fix a reasonable period for the Panchayat Union Council to show
cause against the proposal and consider its explanations and objections, if
any.
(3)
On the date fixed for the dissolution of a Panchayat Union Council under
sub-section (1) all its members as well as its Chairman and Vice-Chairman
shall forthwith be deemed to have vacated their offices as such.
(4)
During the interval between the dissolution and the reconstitution of a
Panchayat Union Council, the Inspector may appoint a person to exercise the
powers and discharge the duties of the Panchayat Union Council and of its
Chairman:
Provided
that any person to be appointed under the provisions of this sub-section
shall be a person in the service of the Government not below the rank of a Tahsildar or a Commissioner.
(5)
The Government may direct that the Panchayat Union Council be reconstituted
before the date fixed for its reconstitution under clause (b) of sub-section (1).
(6)
The members as well as the Chairman and Vice-Chairman of a reconstituted
Panchayat Union Council shall enter upon their offices on the date fixed for
its reconstitution and they shall hold their offices only for the remainder
of the period for which the dissolved Panchayat Union Council would have
continued under sub-section (1) of Section 18, had it not been dissolved.
(7)
When a Panchayat Union Council is dissolved under this section, the
Government until the date of the reconstitution of the Panchayat Union
Council and the reconstituted Panchayat Union Council thereafter shall be
entitled to all the assets and be subject to all the
liabilities of the Panchayat Union Council as on the date of the
reconstitution respectively.
216. Dissolution of District Panchayat.-
(1) If, in the opinion of the Government, a District Panchayat is not
competent to perform or persistently makes default in performing the duties
imposed on it by law or exceeds or abuses its powers, they may, by
notification-
(a) dissolve the District Panchayat
from a specified date; and
(b) direct
that the District Panchayat be reconstituted with effect from the date, which
shall not be later than six months from the date of dissolution.
(2)
The provision of sub-sections (2) to (7) (both inclusive) of Section 215
shall, as far as may be, apply in relation to the dissolution of a District
Panchayat as they apply in relation to the dissolution of a Panchayat Union
Council.
217. Powers of officers acting on behalf
of Panchayat and liability for payment of compensation.- The Government,
the Inspector or any other person lawfully taking action on behalf, or in
default, of a Panchayat under this Act, shall have such powers as are
necessary for the purpose and shall be entitled to the same protection under
this Act as the Panchayat or its officers or servants whose powers are
exercised; and compensation shall be recoverable from the Village Panchayat
Fund or the Panchayat Union Fund or the District Panchayat (General) Fund by
any person suffering damage from the exercise of such powers to the same
extent, as if the action had been taken by the Panchayat or their officers or
servants.
218. Delegation of powers.- (1) The
Government may, by notification, authorise any
authority or officer not below the rank of a Collector to exercise in regard
to any Panchayat or any class of Panchayats in any area or all Panchayats in
any area, any of the powers vested in them by this Act except the power to
make rules and may in like manner withdraw such authority.
(2)
The Inspector or the Collector may by notification authorise
any officer not below the rank of a Revenue Divisional Officer to exercise in
respect of any Panchayat Union Council or any class of Panchayat Union
Councils or all Panchayat Union Councils in the area under the jurisdiction
of such officer, any of the powers vested by this Act on the Inspector or the
Collector as the case may be and may in like manner withdraw such authority.
(3)
The Inspector or the Collector may, by notification, authorise
any officer not below the rank of a Commissioner to exercise in respect of
any Village Panchayat or any class of Village Panchayats or all Village
Panchayats in the Panchayat Development Block any of the powers vested by
this Act on the Inspector or the Collector as the case may be and may in like
manner withdraw such authority.
(4)
The exercise of any power delegated under sub-sections (1) to (3) shall be
subject to such restrictions and conditions as may be prescribed or as may be
specified in the notification and also to control and revision by the
delegating authority, or where such authority is the Government by such
officer as may be empowered by the Government in this behalf. The Government
shall also have power to control and revise the acts or proceedings of any
officer so empowered.
(5)
The exercise of any power conferred on the Inspector or the Collector by any
of the provisions of this Act including sub-sections (2) to (4) of this
section shall whether such power is exercised by the Inspector or the
Collector himself or by any officer to whom it has been delegated under sub-section
(2) or (3) be subject to such restrictions and conditions as may be
prescribed and also control by the Government or by such officer as may be
empowered by them in this behalf. The Government shall also have power to
control the acts or proceedings of any officer so empowered.
219. Revision.- (1) The Government
may, after consulting the Inspector, the Collector or such other officer or
authority as they may deem fit, at any time, either suo mottu or on application, call for and
examine the record of any order passed or proceeding recorded under the
provisions of this Act by-
(a) the Inspector or the Collector or
any officer authorised by the Inspector or the
Collector under sub-section (2) or (3) of Section 218; or
(b) any officer authorised
by the Government under sub-section (1) of that section or any officer
empowered by them under sub-section (4) of that section; or
(c) any other authority or officer;
for the purpose of satisfying themselves as the
legality or propriety of such order, or as to the regularity of such
proceeding and pass such order in reference thereto as they think fit.
(2)
The powers of the nature referred to in sub-section (1) may also be exercised
by such authority or officer as may be empowered in this behalf by the
Government.
|
