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

252. Construction of reference to a Panchayat, etc.- In the application of any law, rule, bye-law, regulation, notification, scheme, form or order to any area, in the absence of an intention to the contrary appearing in this Act and unless the Government otherwise direct, any reference to a “Panchayat” or a “Panchayat Union Council” or a “Panchayat Village” or a “Panchayat Union” shall be deemed to include also a reference to the Village Panchayat or a Panchayat Union Council or a District Panchayat or a Panchayat Village or a Panchayat Union constituted under this Act.

253. Special provisions relating to newly constituted Panchayats.- (1) The provisions of this section shall apply when a Panchayat is constituted for the first time under this Act.

(2) When a Panchayat is newly constituted under this section, ¹(Tamil Nadu State Election Commissioner) shall make arrangements for the election of members and of the President or the Chairman, as the case may be, so that the member and the President or the Chairman, may come into office on the date specified in the notification issued for the constitution of such Panchayat.

(3) When a Panchayat is constituted under this section, the Government may appoint a special officer not below the rank of a Tahsildar, for such period not exceeding six months as the Government may, by order, specify, to exercise the powers, discharge the duties and perform the functions of the Panchayat, its President or Chairman as the case may be.

²[(3-A) Notwithstanding anything contained in sub-section (3), the Special Officers appointed under that sub-section in respect of the Village Panchayats and Panchayat Union specified in Schedule IV-A shall hold office Upto the 31^st day of March, 2000 or for such shorter period as the Government may, by notification, specify in this behalf.]

(4) The Special Officer shall exercise the powers, discharge the duties and perform the functions of the Panchayat, its President or Chairman, until the members of the Panchayat have come into office and a President or Chairman has been elected.

1. Substituted for the words “State Election Commissioner” by Tamil Nadu Act 4 of 1998.

2. Sub-section (3-A) inserted by Tamil Nadu Act 44 of 1999.

254. Construction of reference to “local boards” Madras Local Boards Act, 1920, etc.- In the application of any, law, rule, bye-law, regulation, notification, scheme, form or order to any Panchayat after the constitution of a Panchayat under this Act, in the absence of an intention to the contrary appearing in this Act and unless the Government otherwise direct-

(i) any reference to a village or local area shall be deemed to be a reference to a Panchayat Village, Panchayat Development Block or a Panchayat Union or a Panchayat District as the circumstances may require;

(ii) any reference to local boards shall be deemed to be a reference to District Panchayats, Panchayat Union Councils or Village Panchayats as the case may be;

(iii) any reference to the Madras Local Boards Act, 1920 (Tamil Nadu Act XIV of 1920), shall be deemed to be a reference to the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920), the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950), the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) and the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994);

(iv) any reference to the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920) or the Tamil Nadu Village Panchayats Act, 1950 (Tamil Nadu Act X of 1950), or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), shall be deemed to be a reference to the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994); and

(v) any reference to a district boards or its President shall be deemed to be a reference to the Panchayat Union Council having jurisdiction or its Chairman, as the case may be.

255. Repeal and savings.- (1) The Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) (hereinafter referred to in this section as the said Act) is hereby repealed.

(a) the previous operation of the said Act or anything done or duly suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or

(c) any penalty, forfeiture or punishment incurred in respect of any offences committed against the said Act; or

(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

(3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appointment, or delegation made, notification, order, instruction or direction issued, or any rule, regulation or form framed, certificate granted or registration effected, under the said Act shall be deemed to have been done or taken under this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act.

256. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Tamil Nadu Government Gazette, make such provisions, not inconsistent with the provisions of this Act and to be in conformity with the provisions of the Constitution (Seventy third Amendment) Act, 1992 as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section, shall, as soon as may be, after it is made, be placed on the table of the Legislative Assembly.

257. Power, authority and responsibilities of Panchayats.- Save as otherwise provided in this Act, the Government may, by notification and subject to such conditions and restrictions as may be specified therein, entrust to a Panchayat or any other Committee constituted under this Act with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in Schedule-IV.

¹[257-A. Provision of rain water harvesting structure.- (1) In every building owned or occupied by the Government or a statutory body or a company or an institution owned or controlled by the Government, rain water harvesting structures shall be provided by the Government or by such statutory body or company or other institution, as the case may be, in such manner and within such time as may be prescribed.

(2) Subject to the provisions of sub-section (1), every owner or occupier of a building shall provide rain water harvesting structure in the building in such manner and within such period as may be prescribed.

Explanation.- Where a building is owned or occupied by more than one person, every such person shall be liable under this sub-section.

(3) Where the rain water harvesting structure is not provided as required under sub-section (2), the Executive Authority or any person authorised by him in this behalf may, after giving notice to the owner or occupier of the building, cause rain water harvesting structure to be provided in such building and recover the cost of such provision along with the incidental expense thereof in the same manner as property tax.

(4) Notwithstanding any action taken under sub-section (3) where the owner or occupier of the building fails to provide the rain water harvesting structure in the building before the date as may be prescribed, the water supply connection provided to such building shall be disconnected till rain water harvesting structure is provided.]

1. Inserted by Tamil Nadu Act 34 of 2003 w.e.f. 21.7.2003.

258. Election petitions.- (1) No election of a President or a Chairman or a member shall be called in question except by an election petition presented to the District Judge of the district in which the Panchayat is situated, within ¹[forty-five days] from the date of the publication of the result of the election under this Act.

(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in Section 259 by any candidate at such election, by any elector of the ward concerned or by any member.

(3) A petitioner shall join as respondents to his petition all the candidates at the election.

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908) for the verification of pleadings.

²[(5) The trial of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day-to-day until its conclusion, unless the District Judge finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the District Judge for trial.]

1. Substituted for the words “fifteen days” by Tamil Nadu Act 18 of 2001.

2. Inserted by Tamil Nadu Act 1 of 2001.

259. Grounds for declaring elections to be void.- (1) Subject to the provisions of sub-section (2), if the District Judge is of opinion-

(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a member under this Act, or

(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or

(d) that the result of the election in so far as it concerns a returned candidate has been materially affected-

(ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or

(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or

(iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder, the Court shall declare the election of the returned candidate to be void.

(2) If in the opinion of the Court, a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied-

(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate.

(b) that the candidate took all reasonable means for preventing the commission of corrupt practice at the election; and

(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents,

then, the Court may decide that the election of the returned candidate is not void.

260. Corrupt practices.- The following shall be deemed to be corrupt practice for the purposes of this Act:-

(1) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (Central Act XLIII of 1951).

(3) The systematic appeal by a candidate or his agent or by any other person to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols, or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate’s election.

(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidate, or withdrawal from ¹[contest] of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate’s election.

(5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or for any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel or any tram, car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be corrupt practice under this clause.

Explanation.- In this clause the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(7) The issuing of any circular, placard or poster having a reference to election which does not bear the name and address of the printer and publisher thereof.

(8) Any other practice which the Government may by Rules, specify to be corrupt practice.

1. Substituted for the word “contact” by Tamil Nadu Act 2 of 1999.

261. Transitory provision.- (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, if necessary, appoint Special Officers to exercise the powers and discharge the functions of the Village Panchayats, the Panchayat Union Councils, or the District Panchayats, as the case may be, until the day on which the first meetings of the Village Panchayats, the Panchayat Union Councils, or the District Panchayats, as the case may be, are held after ordinary elections to the said Panchayats after the commencement of this Act.

¹[(2) The Special Officers appointed under sub-section (1) in respect of the Village Panchayats specified in Schedule V shall hold office upto the 24^th day of April, 2004 ²[24^th day of October 2004] ³[24^th day of April 2005] ⁴[24^th day of October 2005] ⁵[24^th day of April 2006] ⁶[24^th day of October 2006] or for such shorter period as the Government may, by notification, specify in this behalf.]

1. Substituted by Tamil Nadu Act 36 of 2003 w.e.f 17.10.2003.

262. Rules, Notifications and orders to be placed before the Legislative Assembly.- (1) All Rules, Notifications and orders made or issued under this Act except the notifications issued under Sections 3, 5, 7 read with Section 4, 11, 12, 20, 21 and 32 shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(2) All notifications issued under Sections 3, 5, 7 read with Section 4, 11, 12, 20, 21 and 32 shall be published in the District Gazette concerned and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every, Rule, Notification or Order made or issued by the Government under this Act shall, as soon as possible after it is made or issued, be placed on the table of Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly agrees in making any modification in any such Rule, Notification or Order, or the Legislative Assembly agrees that the Rule, Notification or Orders should not be made or issued, the Rule, Notification or Order shall, thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule, Notification or Order.