THE TAMIL NADU PANCHAYATS ACT, 1994

(Tamil Nadu Act 21 of 1994)

CHAPTER XII

PENALTIES

                   243. Penalties for breach of Rules.- In making any Rule under this Act, the Government may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees, or in case of a continuing breach, with fine not exceeding fifteen rupees for every day during which the breach continues after conviction for the first breach.

                   244. Bye-laws and penalties for their breach.- (1) Subject to the provisions of this Act and of any other law and to such rules as may be prescribed, a Panchayat may, with the approval of the Inspector, make bye-laws for carrying out any of the purposes for which it is constituted.

                   (2) In making a bye-law, the Panchayat may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the Panchayat not exceeding fifteen rupees or, in case of a continuing breach, not exceeding five rupees for every day during which the breach continues after a penalty has been levied for the first breach.

                   (3) The Government shall have power to make Rules regarding the procedure for the making of bye-laws, the publication thereof, and the date on which they shall come into effect.

                   245. General provisions regarding penalties specified in the Schedules.- (1) Whoever-

                           (a)  contravenes any of the provisions of this Act specified in the first and second columns of Schedule II; or

                           (b)  contravenes any rule or order made under any of the provisions so specified; or

                           (c)  fails to comply with any directions lawfully given to him, or any requisition lawfully made upon him under or in pursuance of any of the said provisions, shall be punishable with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.

                   (2) Whoever after having been convicted of-

                           (a)  contravening any of the provisions of this Act specified in the first and second columns of Schedule III; or

                           (b)  contravening any rule or order made under any of the provisions so specified; or

                           (c)  failing to comply with any direction lawfully given to him, or any requisition lawfully made upon him under or in pursuance of any of the said provisions, continues to contravene the said provision or the said rule or order, or continues to fail to comply with the said direction or requisition, shall be punishable for each day after the previous date of conviction during which he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.

                   Explanation.- The entries in the third column of Schedules II and III headed “Subject” are not intended as definitions of the offences described in the provisions specified in the first and second columns thereof, or even as abstracts of those provisions, but are intended merely as references to the subject dealt with therein.

                   246. Penalty for acting as Member, President or Vice-President of a Village Panchayat or as  Member, Chairman or Vice-Chairman of a Panchayat Union Council or District Panchayat when disqualified.- (1) Whoever acts as a member of a Panchayat or Panchayat Union Council  or District Panchayat knowing that, under this Act or the rules made thereunder, he is not entitled or has ceased to be entitled to hold office as such, shall be punishable with fine not exceeding two hundred rupees for every such offence.

                   (2) Whoever acts as the President, temporary President or Vice President of a Village Panchayat, or exercises any of his functions including where he is also the Executive Authority, any of his functions as such and whoever acts as the Chairman, temporary Chairman or Vice-Chairman of a Panchayat Union Council or District  Panchayat  or  as   Commissioner or  ¹[Secretary]  or  exercises  any  of   his functions as such, knowing that, under this Act or the Rules made thereunder, he is not entitled or has ceased to be entitled to hold office as such, or to exercise such functions, shall be punishable with fine not exceeding one thousand rupees for every such offence.

                   (3) Any person who having been the President, temporary President or Vice President of a Village Panchayat, or the Chairman, temporary Chairman or Vice-Chairman of a Panchayat Union Council or District Panchayat fails to handover any documents of, or any moneys or other properties vested in or belonging to the Village Panchayat or Panchayat Union Council or District Panchayat which are in or have come into his possession or control, to his successor in office or other prescribed authority-

                           (a)  in every case as soon as his term of office as such President, temporary President or Vice-Chairman or as such Chairman, temporary Chairman or Vice-Chairman expires;

                           (b)  in the case of a person who was the Vice-President also on demand by the President; and

                           (c)  in the case of a person who was the Vice-Chairman also on demand by the Chairman,

shall be punishable with fine not exceeding one thousand rupees for every such offence.

                   ²[246-A. Penalty for failure to obtain permission of Government for foreign trip.- Whoever undertakes a trip to any foreign country in violation of Section 82-A shall, on conviction, be punished with fine which may extend to fifty thousand rupees.]

                   247. Penalty for acquisition by an officer or servant of interest in contract work.- If any officer or servant of a Panchayat knowingly acquires, directly or indirectly by himself or by a partner, employer or servant, any personal share or interest in any contract or  employment with,  by or on behalf of,  the Panchayat,  he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code, 1860 (Central Act XLV of 1860):

                   Provided that no person shall, by reason of being a share holder in, or member of, any company, be held to be interested in any contract entered into between such company and the Panchayat unless he is a director of such company.

                   248. Wrongful restraint of Executive Authority or Commissioner or ¹[Secretary] or his delegates.- Any person who prevents the Executive Authority or the Commissioner or the ¹[Secretary]  or any person to whom the Executive Authority or the Commissioner or the ¹[Secretary] has lawfully delegated his powers of entering on or into any place, building or land from exercising his lawful power of entering thereon or there into shall be deemed to have committed an offence under Section 341 of the Indian Penal Code, 1860 (Central Act XLV of 1860).

                   249. Prohibition against obstruction of Panchayats.- Any person obstructing or molesting the President, or the Executive Authority or the Chairman or the Commissioner or the ¹[Secretary] or a member of the Panchayat, or any person employed by the Panchayat or any person with whom a contract has been entered into by or on behalf of the Panchayat in the discharge of their duty or of anything which they are empowered or required to do by virtue or in consequence of this Act or of any rule, bye-law, regulation or order made thereunder, shall be punished with fine which may extend to fifty rupees.

                   250. Prohibition against removal of obliteration of notice.- Any person who, without authority in that behalf removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark erected by, or under the orders of, a Panchayat or its Executive Authority, or by the Commissioner or by the ¹[Secretary] shall be punishable with fine which may extend to fifty rupees.

                   251. Penalty for not giving information or giving false information.- Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who omits to furnish such information, or knowingly furnishes false information, shall be punishable with fine not exceeding one hundred rupees.