Panchayat Raj : Tamil Nadu Panchayats Act, 1994 [Tamil Nadu Act 21 of 1994]
Chapter I - Preliminary
1.
Short title, extent and commencement
2.
Definitions
Chapter II - Grama Sabha
3.
Grama Sabha
Chapter III - Formation and constitution of village panchayats, panchayat union councils and district panchayats
4.
Formation of Panchayat Villages
4-A.
Special provisions relating to Town Panchayat constituted as Village Panchayat
5.
Extension of provisions of Tamil Nadu District Municipalities Act, 1920 or of any Rules made thereunder
6.
Constitution of Village Panchayats and their incorporation
7.
Alteration of classification of Panchayat Villages
8.
Strength of a Village Panchayats
9.
Duration of Village Panchayats
9-A.
Appointment of Special Officer in certain circumstances
9-B.
Appointment of Special Officer in certain Village Panchayats
9-C.
Appointment of Special Officer in certain circumstances
10.
Election of members of Village Panchayat
11.
Reservation of seats
12.
Division of Panchayat Village into Wards
13.
Term of office of Members
14.
Electoral roll for Village Panchayats
PANCHAYAT UNION COUNCILS
15.
Formation of Panchayat Union Council
16.
Constitution of Panchayat Union Councils and their incorporation
17.
Strength of a Panchayat Union Council
18.
Duration of Panchayat Union Council
18-A.
Appointment of Special Officer to Panchayat Union Council in certain circumstances
18-B.
Appointment of Special Officer to Yercaud to Panchayat Union Council
19.
Election of Members of Panchayat Union Council
20.
Reservation of seats
21.
Division of Panchayat Union into Wards
22.
Term of office of Members
23.
Electoral roll for Panchayat Union Council
DISTRICT PANCHAYATS
24.
Formation and incorporation of District Panchayat
25.
Constitution of District Panchayat
26.
Election of Members
27.
Determination of elected members after census
28.
Delimitation of Territorial Wards
28-A.
Special provision relating to election
29.
Term of office of Members
30.
Electoral roll for District Panchayat
31.
Duration of District Panchayat
32.
Reservation of seats
QUALIFICATION, DISQUALIFICTION, ETC. OF MEMBERS
33.
Qualification of candidates
34.
Disqualification of officers and servants of Government and Local Bodies, etc.
35.
Disqualification of persons convicted of election offences
36.
Disqualification of voters
37.
Disqualification of candidates
38.
Disqualification of members
38-A.
Disqualification of President, Vice President, Chairman, Vice Chairman and Member
39.
Restoration of members to office
40.
Oath or affirmation to be made by members
41.
Authority to decide Questions of disqualification or cessation of members
41-A.
Powers of the Tamil Nadu State Election Commission
41-B.
Statements made by person to the Tamil Nadu State Election Commission
41-C.
Procedure to be followed by the Tamil Nadu State Election Commission
41-D.
Protection of action taken in goodfaith
PRESIDENT AND VICE PRESIDENT OF VILLAGE PANCHAYAT
42.
President and Vice President of Village Panchayat
43.
Election of President
44.
Election of Vice President
45.
Cessation of office as President and Vice President
46.
Functions of the President
47.
Devolution [***] of President’s functions and filling up of vacancies in the office of President
48.
Delegation of functions of President
CHAIRMAN AND VICE CHAIRMAN
49.
Chairman and Vice Chairman of Panchayat Union Council
50.
Election of Chairman of Panchayat Union Council
51.
Election of Vice Chairman of Panchayat Union Council
52.
Functions of the Chairman
53.
Cessation of office of Chairman and Vice Chairman of a Panchayat Union Council
54.
Devolution and delegation of Chairman’s functions and filling up of vacancies in the office of Chairman
55.
Chairman and Vice Chairman of District Panchayat
56.
Election of Chairman and Vice Chairman of District Panchayat
57.
Reservation of seats in the office of President, Chairman, etc.
Chapter IV - Offences relating to elections
58.
Infringement of secrecy of election
59.
Minimum penalty for personation at an election
60.
Promoting enmity between classes in connection with election
61.
Prohibition of public meeting on the day preceding the election day and on the election day.
62.
Disturbances at election meeting
63.
Restriction on printing of pamphlets, posters, etc.
64.
Officers, etc. at elections not to act for candidates or to influence voting
65.
Prohibition of canvassing in or near Polling Stations
66.
Penalty for disorderly conduct in or near Polling Stations
67.
Penalty for misconduct at the Polling Station
68.
Penalty of illegal hiring or procuring of conveyance at elections
69.
Breaches of official duty in connection with election
70.
Removal of ballot papers from Polling Station to be an offence
71.
Other offences and penalties therefor
72.
Cognizance of certain election offences
REQUISITIONING OF PROPERTY FOR ELECTION PURPOSES
73.
Requisitioning of premises, vehicles, etc. for election purposes
74.
Payment of amount
75.
Power to obtain information
76.
Power of entry into and inspection of premises, etc.
77.
Eviction from requisitioned premises
78.
Release of premises from requisition
79.
Delegation of function of the Government with regard to requisitioning
80.
Penalty for contravention of any order of requisitioning
80-A.
Grant of paid holiday to employees on the day of poll
MEMBERS
81.
Rights of individual member
82.
No President, Vice President, Chairman, Vice Chairman or Member to receive remuneration
82-A.
President, Vice President, Chairman, Vice Chairman or Member to obtain permission to undertake trip to foreign country
Chapter V - Powers and Duties of the executive authority
83.
Executive Authority of Village Panchayat
84.
Functions of Executive Authority
THE COMMISSIONER
85.
Commissioner
86.
Emergency powers of Executive Authority and Commissioner
THE SECRETARY
87.
Secretary
88.
Functions, powers and duties of Secretary
Chapter VI - Procedure
89.
Presidency at meetings of Panchayat
90.
Meetings of Panchayat
91.
Members when to abstain from taking part in discussion and voting
92.
Minutes of Proceedings
93.
Power of Panchayat to call for records
94.
Proceedings of Panchayat and Committees
95.
Appointment of Joint Committees
96.
Committees
97.
Standing Committees
ADMINISTRATION REPORTS
98.
Administration reports of Village Panchayats
99.
Administration report of Panchayat Union Councils and District Panchayats
VALIDATION OF PROCEEDINGS
100.
Acts of Village Panchayat, Panchayat Union Council and District Panchayat, etc. not to invalidated by infirmity vacancy, etc.
Chapter VII - Establishment, Powers and Functions of panchayats
101.
Establishment of Panchayats
102.
Conditions of service of officers and servants of Panchayats
103.
Appointment of common officers
104.
Transfer of officers and servants of Village Panchayats and Panchayat Union Councils
105.
Power of Government to transfer officers and servants of District Panchayats
106.
Power to punish officers and servants
107.
Applicability of certain directions to Public Health Establishment
108.
Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants
109.
Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants in Public Health Establishment of Panchayat Union Councils to be Government servants
Chapter VIII - Functions, powers and property of village panchayat, panchayat union councils and district panchayats
110.
Duty of Village Panchayat to provide for certain matters
111.
Power of Village Panchayat to provide for certain other matters
112.
Duty of Panchayat Union Council to provide for certain matters
113.
Entrustment of execution of National Extension Service Scheme of Community Development of Panchayat Union Councils
114.
Entrustment of certain schemes to Panchayat Union Councils
115.
Power of Panchayat Union Council to provide for certain other matters
116.
Common burial and burning grounds, etc.
117.
Lighting of public roads and public places
118.
Maintenance of common dispensaries, child welfare centres, etc.
119.
Transfer of immovable property, management of Institutions, execution of maintenance of works, etc. to a Village Panchayat
120.
Transfer to Village Panchayat of unreserved forests
121.
Power of Government to resume possession of unreserved forest vested in Village Panchayat and payment of compensation, etc.
122.
Power of Commissioner of Land Administration to transfer or resume control of Endowments and Inams
123.
Government’s power to add to functions of Panchayat Union Council
124.
Limitation of power to accept donations and Trusts
125.
Vesting of public roads in Village Panchayat
126.
Vesting of public roads in Panchayat Union Councils
127.
Duty of Village Panchayat in respect of public roads excluded from the operation of the Act
128.
Precautions in case of dangerous structures
129.
Precautions in case of dangerous trees
130.
Fencing of buildings or land and pruning of hedges and trees
131.
Prohibition against obstructions in or over public roads, etc.
131-A.
Prohibition of erection of certain hoarding
132.
Vesting of communal property or income in Village Panchayat
133.
Maintenance of irrigation works, execution of Kudimaramat, etc.
134.
Village Panchayat to regulate the use of certain Porambokes in ryotwari tracts
135.
Village Panchayat to regulate the use of certain communal lands in Estates governed by the Tamil Nadu Estates Land Act, 1908
136.
Collected rubbish, etc. to belong to Village Panchayat
137.
Immovable property required by Village Panchayats and Panchayat Union Councils may be acquired under the Land Acquisition Act, 1894
138.
Contributions from persons having control over places of pilgrimage, etc.
139.
Power to order closure of places of Public Entertainment
140.
Minor suffering from dangerous disease not to attend schools
141.
Compulsory vaccination
142.
Obligation to give information of small pox or cholera
143.
Precautions in case of dangerous tanks, wells, holes, etc.
144.
Removal of filth or noxious vegetation from lands and buildings
145.
Power of Commissioner or Executive Authority to use or sell materials of dangerous structure taken down, etc.
146.
Limitation of compensation
147.
Public Market
148.
Licensing of Private Markets
149.
Decision of disputes as to whether places are Markets
150.
Prohibition of sale in unlicensed Private Markets, etc.
151.
Prohibition against sale in public roads
152.
Classification of Markets
153.
Acquisition of right of person to hold Private Market
154.
Public landing places and cart-stands, etc.
155.
Private cart-stand
156.
Public slaughter-houses
157.
Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers
158.
Numbering or naming of building, etc.
159.
Purposes for which places may not be used without a licence
160.
Permission for construction of factories and the installation of machinery
161.
Power of Government to make Rules in respect of the grant and renewal of licences and permissions
162.
Modification of Tamil Nadu Places of Public Resort Act, 1888
163.
Functions of District Panchayat
164.
General Powers of District Panchayat
165.
Annual Report of District Panchayat
166.
Returns and Reports of District Panchayat
166-A.
Annual report of the functioning of Panchayats
Chapter IX - Taxation and Finance
167.
Local Cess
168.
Local Cess Surcharge
169.
Rules regarding collection of Local cess, Local Cess Surcharge and Surcharge on the Duty on transfers of property
170.
Land Revenue Assignment
171.
Taxes leviable by Village Panchayats
172.
House-tax
172-A.
Levy and collection of Advertisement Tax
172-B.
Prohibition of Advertisement
173.
[***]
Omitted
by Tamil Nadu Act 29 of 1995
174.
Appeal against assessments
175.
Duty on transfer of property
175-A.
Apportionment of Entertainments Tax among Panchayats
176.
Exemption
177.
Power to require land revenue staff to collect taxes and fees due to Village Panchayats
178.
Write-off of irrecoverable amounts
179.
Local Education Grant
180.
[***]
Omitted
by Tamil Nadu Act 30 of 1999
181.
Classification of Panchayat Development Blocks
181-A.
Deposit of Fund of Panchayat
181-B.
Grant of Fund of Panchayat
181-C.
Raising of loan by Panchayat
181-D.
Procedure for inter-Panchayats lending
182.
[***]
Omitted
by Tamil Nadu Act 30 of 1999
183.
[***]
Omitted
by Tamil Nadu Act 30 of 1999
184
[***]
Omitted
by Tamil Nadu Act 30 of 1999
185.
Constitution of Panchayat Union Fund and Village Panchayat Fund
186.
Panchayat Union (General) Fund
187.
Panchayat Union (Education) Fund
188.
Village Panchayat Fund
189.
District Panchayat (General) Fund
EXPENDITURE
190.
Application of moneys received and expenditure from funds
191.
Expenditure from Village Panchayat Fund and Panchayat Union Fund
192.
Preparation and sanction of Budgets
193.
Appointment of Auditors
194.
Contribution to expenditure by other Local Authorities
195.
Recovery of loans and advances made by Government
196.
Application of certain sections to this Act to District Panchayat
197.
Certain powers and functions of District Panchayat to be notified by the Government
198.
Finance Commission
Chapter IX-A - Tax on profession, trade, calling and employment
198-A.
Definitions
198-B.
Levy of Profession Tax
198-C.
Employers liability to deduct and pay tax on behalf of the employees
198-D.
Filing of returns by employer
198-E.
Assessment of the employer
198-F.
Penalty and interest
198-G.
Appeal
198-H.
Exemptions
198-I.
Repeal and Savings
Chapter X - Controlling Authorities
199.
Appointment of officers to supervise Panchayats
200.
Powers of Inspecting Officers
201.
Powers of officers for purpose of control
202.
Powers to suspend or cancel resolution, etc. under the Act
203.
Emergency powers of Collector and Inspector
204.
Power to take action in default of a Village Panchayat, President or Executive Authority, etc.
205.
Removal of President
206.
Removal of Vice President
207.
Removal of Chairman of Panchayat Union Council
208.
Removal of Vice Chairman of Panchayat Union Council
209.
Removal of Chairman of District Panchayat
210.
Removal of Vice Chairman of District Panchayat
210-A.
Removal of President, Vice President, Chairman, Vice Chairman or Member convicted under Section 246-A.
211.
Motion of no confidence in Vice President of Village Panchayat
212.
Motion of no confidence in Chairman or Vice Chairman of Panchayat Union Council
213.
Motion of no confidence in Chairman or Vc of District Panchayat
214.
Dissolution of Village Panchayat
215.
Dissolution of Panchayat Union Council
216.
Dissolution of District Panchayat
217.
Powers of officers acting on behalf of Panchayat and liability for payment of compensation
218.
Delegation of powers
219.
Revision
Chapter XI - General and Miscellaneous Licences and Permissions
220.
General provisions regarding licences and permissions
221.
Government and Market Committees not to obtain licence and permission
POWER TO ENFORCE NOTICES, ORDERS, ETC.
222.
Time for complying with notice, order, etc. and power to enforce in default
POWER TO ENTRY AND INSPECTION
223.
Power of entry and inspection
224.
Testing of weights and measures
225.
Power to call for information from Village Administrative Officer
LIMITATION
226.
Limitation for recovery of dues
PROSECUTIONS, SUITS, ETC.
227.
Persons empowered to prosecute
228.
Composition of offences
229.
Prosecutions and compositions to be reported to Village Panchayat, Panchayat Union Council or District Panchayat
230.
Sanction of prosecution
231.
Notice of action against Village Panchayat, etc.
232.
Protection of Chairman, President and officers acting in good faith
233.
Injunction not to be granted in election proceedings
234.
Liability of the President, Executive Authority and Members, etc. for loss, waste or misapplication of property
235.
Assessment etc. not to be impeached
236.
Public roads, Markets, Wells, Tanks, etc. to be open to all
237.
Powers to farm out fees
238.
Adjudication of disputes between local authorities
239.
Tamil Nadu State Election Commission
240.
Preparation of Development Plan
241.
District Planning Committee
RULES
242.
Power of Government to make Rules
Chapter XII - Penalties
243.
Penalties for breach of Rules
244.
Bye-laws and penalties for their breach
245.
General provisions regarding penalties specified in the schedules
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
246-A.
Penalty for failure to obtain permission of Government for foreign trip
247.
Penalty for acquisition by an officer or servant of interest in contract work
248.
Wrongful restraint of Executive Authority or Commissioner or Secretary or his delegates
249.
Prohibition against obstruction of Panchayats
250.
Prohibition against removal of obliteration of notice
251.
Penalty for not giving information or giving false information
Chapter XIII - Miscellaneous
252.
Construction of reference to a Panchayat, etc.
253.
Special provision relating to newly constituted Panchayats
254.
Construction of reference to “Local Boards”, Madras Local Boards Act, 1920, etc.
255.
Repeal and Savings
256.
Power to remove difficulties
257.
Power, Authority and Responsibilities of Panchayats
257-A.
Provision of rain water harvesting structure
DISPUTES REGARDING ELECTIONS
258.
Election Petitions
259.
Grounds for declaring elections to be
void
260.
Corrupt practices
261.
Transitory provision
262.
Rules, Notifications and Orders to be placed before the Legislative Assembly
Schedules