LexThe Tamil Nadu Panchayats Act,1994
Tamil Nadu · state statute
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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 there under
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
THE LIST OF AMENDING ACTS TO THE TAMIL NADU PANCHAYATS ACT, 1994
1
1994
The Tamil Nadu Panchayats(Amendment) Acts,1994
(TamilNadu Acts 51 of 1994)
2.
3.
4.
1995
The Tamil Nadu Panchayats(Amendment) Acts,1995
(TamilNadu Acts 29 of 1995)
(The Tamil Nadu Panchayats(Amendment) Acts,1995
(Tamil Nadu Acts 30 of 1995)
Tamil Nadu Panchayats(Amendment) Acts,1995
(TamilNadu Acts 45 of 1995
5.
6.
7.
1996
The Tamil Nadu Panchayats(Amendment) Acts,1996
(Tamil Nadu Acts 14 of 1996)
(The Tamil Nadu Panchayats(Amendment) Acts,1996
Tamil Nadu Acts 15 of 1996
The Tamil Nadu Panchayats(Amendment) Acts,1996
(Tamil Nadu Acts 21 of 1996
8.
9.
10.
11.
12.
1997
The Tamil Nadu Panchayats(Amendment) Acts,1997
(Tamil Nadu Acts 10 of 1997)
(The Tamil Nadu Panchayats(Amendment) Acts,1997
Tamil Nadu Acts 37 of 1997
The Tamil Nadu Panchayats(Amendment) Acts,1997
(Tamil Nadu Acts 54 of 1997
The Tamil Nadu Panchayats(Amendment) Acts,1997
(Tamil Nadu Acts 55 of 1997)
(The Tamil Nadu Panchayats(Amendment) Acts,1997
Tamil Nadu Acts 62 of 1997
13.
14.
1998
The Tamil Nadu Panchayats(Amendment) Acts,1998
(Tamil Nadu Acts 4 of 1998)
(The Tamil Nadu Panchayats( Second Amendment) Acts,1998
Tamil Nadu Acts 5 of 1998
15.
16.
17.
18.
19.
The Tamil Nadu Panchayats( Third Amendment) Acts,1998
(Tamil Nadu Acts 28 of 1998
The Tamil Nadu Panchayats( Fourth Amendment) Acts,1998
(Tamil Nadu Acts 29 of 1998)
(The Tamil Nadu Panchayats( Fifth Amendment) Acts,1998
Tamil Nadu Acts 53 of 1998
The Tamil Nadu Panchayats( Sixth Amendment) Acts,1998
(Tamil Nadu Acts 54 of 1998)
(The Tamil Nadu Panchayats( Seventh Amendment) Acts,1998
Tamil Nadu Acts 55 of 1998
20.
21.
22.
23.
24.
25.
26.
27.
1999
The Tamil Nadu Panchayats(Amendment) Acts,1999
(Tamil Nadu Acts 2 of 1999)
(The Tamil Nadu Panchayats( Second Amendment) Acts,1998
Tamil Nadu Acts 19 of 1999
The Tamil Nadu Panchayats( Third Amendment) Acts,1999
(Tamil Nadu Acts 29 of 1999
The Tamil Nadu Panchayats( Fourth Amendment) Acts,1999
(Tamil Nadu Acts 30 of 1999)
(The Tamil Nadu Panchayats( Fifth Amendment) Acts,1999
Tamil Nadu Acts 31 of 1999
The Tamil Nadu Panchayats( Sixth Amendment) Acts,1999
(Tamil Nadu Acts 32 of 1999)
(The Tamil Nadu Panchayats( Seventh Amendment) Acts,1999
Tamil Nadu Acts 44 of 1999
(The Tamil Nadu Panchayats( Eighth Amendment) Acts,1999
Tamil Nadu Acts 46 of 1999
28.
29.
30.
31.
32.
2000
The Tamil Nadu Panchayats(Amendment) Acts,2000
(Tamil Nadu Acts 5 of 2000)
(The Tamil Nadu Panchayats( Second Amendment) Acts,2000
Tamil Nadu Acts 23 of 2000
The Tamil Nadu Panchayats( Third Amendment) Acts,2000
(Tamil Nadu Acts 24 of 2000
(The Tamil Nadu Panchayats( Fifth Amendment) Acts,2000
Tamil Nadu Acts 27 of 2000
The Tamil Nadu Panchayats( Sixth Amendment) Acts,2000
(Tamil Nadu Acts 30 of 2000)
33.
34.
35.
2001
The Tamil Nadu Panchayats(Fourth Amendment) Acts,2001
(Tamil Nadu Acts 1 of 2001)
(The Tamil Nadu Panchayats(Amendment) Acts,2001
Tamil Nadu Acts 18 of 2001
The Tamil Nadu Panchayats( Second Amendment) Acts,2001
(Tamil Nadu Acts 19 of 2001
36.
37.
38.
39.
40.
2002
The Tamil Nadu Panchayats(Amendment) Acts,2002
(Tamil Nadu Acts 3 of 2002)
The Tamil Nadu Panchayats( Third Amendment) Acts,2002
(Tamil Nadu Acts 8 of 2002
(The Tamil Nadu Panchayats( Second Amendment) Acts,2002
Tamil Nadu Acts 28 of 2002
(The Tamil Nadu Panchayats( Fourth Amendment) Acts,2002
Tamil Nadu Acts 49 of 2002
The Tamil Nadu Panchayats(Fifth Amendment) Acts,2002
(Tamil Nadu Acts 52 of 2002)
41.
42.
43.
44.
2003
The Tamil Nadu Panchayats(Amendment) Acts,2003
(Tamil Nadu Acts 7 of 2003)
The Tamil Nadu Panchayats(Second Amendment) Acts,2003
(Tamil Nadu Acts 34 of 2003)
(The Tamil Nadu Panchayats(Third Amendment) Acts,2003
Tamil Nadu Acts 36 of 2003)
(The Tamil Nadu Panchayats( Fourth Amendment) Acts,2003
Tamil Nadu Acts 42 of 2003)
45.
46.
2004
The Tamil Nadu Panchayats(Amendment) Acts,2004
(Tamil Nadu Acts 21 of 2004)
The Tamil Nadu Panchayats(Second Amendment) Acts,2004
(Tamil Nadu Acts 22 of 2004)
47.
48.
(The Tamil Nadu Panchayats(Third Amendment) Acts,2004
Tamil Nadu Acts 39 of 2004)
(The Tamil Nadu Panchayats( Fourth Amendment) Acts,2004
Tamil Nadu Acts 36 of 2004)
49.
50.
51.
52.
2005
The Tamil Nadu Panchayats(Amendment) Acts,2005
(Tamil Nadu Acts 6 of 2005)
The Tamil Nadu Panchayats(Second Amendment) Acts,2005
(Tamil Nadu Acts 15 of 2005)
(The Tamil Nadu Panchayats(Third Amendment) Acts,2005
Tamil Nadu Acts 16of 2005)
(The Tamil Nadu Panchayats( Fourth Amendment) Acts,2005
Tamil Nadu Acts 19 of 2005)
53.
54.
55.
56.
57.
58.
2006
The Tamil Nadu Panchayats(Amendment) Acts,2006
(Tamil Nadu Acts 9 of 2006)
The Tamil Nadu Panchayats(Second Amendment) Acts,2006
(Tamil Nadu Acts 6 of 2006)
The Tamil Nadu Panchayats(Third Amendment) Acts,2006
(Tamil Nadu Acts 22 of 2006)
The Tamil Nadu Panchayats( Fourth Amendment) Acts,2006
(Tamil Nadu Acts 23 of 2006)
The Tamil Nadu Panchayats( Fifth Amendment) Acts,2006
(Tamil Nadu Acts 17of 2006)
The Tamil Nadu Panchayats( Sixth Amendment) Acts,2006
(Tamil Nadu Acts 38 of 2006)
59.
60.
61.
62.
63.
64.
2007
The Tamil Nadu Panchayats(Fourth Amendment) Acts,2007
(Tamil Nadu Acts 12 of 2007)
The Tamil Nadu Panchayats(Amendment) Acts,2007
(Tamil Nadu Acts 16 of 2007)
The Tamil Nadu Panchayats(Second Amendment) Acts,2007
(Tamil Nadu Acts 17 of 2007
The Tamil Nadu Panchayats(Third Amendment) Acts,2007
(Tamil Nadu Acts 23 of 2007)
The Tamil Nadu Panchayats( Fifth Amendment) Acts,2007
(Tamil Nadu Acts 24of 2007)
The Tamil Nadu Panchayats( Sixth Amendment) Acts,2007
(Tamil Nadu Acts 25 of 2007)
65.
66.
67.
68.
69.
70.
71.
72.
73.
2008
The Tamil Nadu Panchayats(Amendment) Acts,2008
(Tamil Nadu Acts 10 of 2008)
The Tamil Nadu Panchayats(Second Amendment) Acts,2008
(Tamil Nadu Acts 11 of 2008)
The Tamil Nadu Panchayats(Third Amendment) Acts,2008
(Tamil Nadu Acts 40 of 2008)
The Tamil Nadu Panchayats(Fourth Amendment) Acts,2008
(Tamil Nadu Acts 34 of 2008)
The Tamil Nadu Panchayats( Fifth Amendment) Acts,2008
(Tamil Nadu Acts 41 of 2008)
The Tamil Nadu Panchayats( Sixth Amendment) Acts,2008
(Tamil Nadu Acts 42 of 2008)
The Tamil Nadu Panchayats(Seventh Amendment) Acts,2008
(Tamil Nadu Acts 39 of 2008)
The Tamil Nadu Panchayats( Eight Amendment) Acts,2008
(Tamil Nadu Acts 58 of 2008)
The Tamil Nadu Panchayats( Ninth Amendment) Acts,2008
(Tamil Nadu Acts 59 of 2008)
74.
75.
76.
77.
2009
The Tamil Nadu Panchayats(Amendment) Acts,2009
(Tamil Nadu Acts 28 of 2009)
The Tamil Nadu Panchayats(Second Amendment) Acts,2009
(Tamil Nadu Acts 14 of 2009)
The Tamil Nadu Panchayats(Third Amendment) Acts,2009
(Tamil Nadu Acts 20 of 2009)
The Tamil Nadu Panchayats(Fourth Amendment) Acts,2009
(Tamil Nadu Acts 12 of 2009)
78.
2011
The Tamil Nadu Panchayats(Amendment) Acts,2011
(Tamil Nadu Acts 18 of 2011)
79.
80.
81.
2012
The Tamil Nadu Panchayats(Amendment) Acts,2012
(Tamil Nadu Acts 15 of 2012)
The Tamil Nadu Panchayats(Second Amendment) Acts,2012
(Tamil Nadu Acts 44 of 2012)
The Tamil Nadu Panchayats(Third Amendment) Acts,2012
(Tamil Nadu Acts 45 of 2012)
82.
2014
The Tamil Nadu Panchayats(Amendment) Acts,2014
(Tamil Nadu Acts 22 of 2014)
83. 2017
The Tamil Nadu Panchayats(Amendment) Acts,2017
(Tamil Nadu Acts 3 of 2017)
The Tamil Nadu Panchayats(Second Amendment) Acts,2017
(Tamil Nadu Acts 22 of 2017
84.
85.
86.
2018
The Tamil Nadu Panchayats(Amendment) Acts,2018
(Tamil Nadu Acts 3 of 2018)
The Tamil Nadu Panchayats(Second Amendment) Acts,2018
(Tamil Nadu Acts 21 of 2018)
The Tamil Nadu Panchayats(Third Amendment) Acts,2018
(Tamil Nadu Acts 4 of 2018)
87.
2019
The Tamil Nadu Panchayats(Amendment) Acts,2019
(Tamil Nadu Acts 5 of 2019)
1
THE TAMIL NADU PANCHAYATS ACT, 1994
(Tamil Nadu Act 21 of 1994)
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 22nd April 1994 and is hereby published for general information:-
An Act to repeal and re-enact the Tamil Nadu Panchayats Act, 1958.
WHEREAS it is expedient to repeal and re-enact the Tamil Nadu Panchayats Act, 1958, for establishing a three-tier Panchayat Raj system in the State to the elected bodies at the village, intermediate and district level in keeping with the Constitution (Seventy-third Amendment) Act, 1992, relating to Panchayats for greater participation of the people so as to make them Institutions of self-government and for more effective implementation of rural development programmes;-
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fort-fifth year of the Republic of India as follows:-
Chapter I Preliminary
1. Short title, extent and commencement – (1) This Act may be called the Tamil Nadu Panchayats Act,1994.
(2) It extends to the whole of the State of Tamil Nadu except,
(i) the City of 1(Chennai);
(ii) the City of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971);
(iii) the City of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981);
(iv) the Municipalities, Town Panchayats and Industrial Townships constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and
(v) the Cantonments constituted under the Cantonments Act, 1924 (Central
Act II of 1924)
(3) It shall come into force on such date as the Government may, by notification,
appoint.
1. Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996.
2. Definitions – In this Act, unless the context otherwise requires,-
1[(1) “Backward Classes of Citizens” shall have the same meaning as defined in clause (a) of Section 3 of the Tamil Nadu Backward Classes, Scheduled Castes and
2
Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments of posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994);
(1-A) “building” includes a house, out-house, tent, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding 2.5 metres in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other materials whatsoever;]
(2) “casual vacancy” means a vacancy occurring otherwise than by efflux of time and “casual election” means an election held to fill a casual vacancy;
(3) “Chairman” means the Chairman of a Panchayat Union Council or a District Panchayat, as the case may be;
(4) 2 [***]
(5) “Collector” means the collector of a revenue district;
(6) “Commissioner” means the Commissioner of a Panchayat Union;
(7) “Company” means a Company as defined in the Companies Act, 1956 (Central Act 1 of 1956) and includes foreign company within the meaning of Section 591 of that Act;
(8) “district” means a revenue district;
(9) “District Panchayat” means the District Panchayat constituted under sub- section (1) of Section 24;
(10) “drain” means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the 1[Chennai] Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978);
(11) 3[“Executive Authority” means a person notified as such by the Government under Section 83];
(12) “Government” means the State Government of Tamil Nadu;
(13) “Grama Sabha” means a body consisting of persons registered in the electoral rolls relating to a Panchayat Village comprised within the area of Village Panchayat concerned;
(14) “house” means a building fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus- stand;
(15) “hut” means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small
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building of whatever material made, which the Panchayat may declare to be a hut for the purposes of this Act;
(16) “Inspector” means any officer not below the rank of a Collector appointed by the Government to exercise or perform any of the powers or duties of the Inspector under this Act;
(17) “latrine” includes privy, water-closet and urinal;
(18) “member” means a member of the Village Panchayat, the Panchayat Union Council or the District Panchayat, as the case may be;
(19) “ordinary vacancy” means a vacancy occurring by efflux of time and “ordinary election” means an election held to fill an ordinary vacancy;
(20) “Owner” includes-
(a) the person for the time being receiving or entitled to receive whether on his own account or on behalf of another persons as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose, the rents or profits of the property in connection with which the word is used; and
(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used;
(21) “Panchayat” means a Village Panchayat, a Panchayat Union Council or a District Panchayat constituted under this Act;
(22) “Panchayat Development Block” means the area declared by the Government from time to time to be a Panchayat Development Block for the purpose of this Act;
(23) “Panchayat Union” means any local area which is declared to be a Panchayat Union under this Act;
(24) “Panchayat Union Council” means the body constituted for the administration of a Panchayat Union under this Act;
(25) “Panchayat Village” means any local area over which a Village Panchayat has
jurisdiction;
(26) “President” means the President of a Village Panchayat;
(27) “private road” means any street, road, square, court, alley, passage, cart- track, foot-path or riding-path which is not a ‘public road’ but does not include a path-way made by the owner of premises on his own land to secure, access to, or the convenient use of, such premises;
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(28) “public road” means any street, road, square, court, alley, passage, cart- track, foot-path or riding-path over which the public have a right of way, whether a thoroughfare or not, an includes-
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such road, public bridge or causeway; and
(c) the drains attached to any such road, public bridge or causeway, and the land whether covered or not by any pavement, veranda, or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to the State or Central Government;
(29) a person is deemed to have his residence or to reside in any house if he sometimes uses any portion thereof as a sleeping apartment, and a persons is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;
(30) “revenue district” means any local area which for the purpose of revenue administration is under the charge of a Collector, after excluding therefrom all areas included in
–
(a) the City of 1(Chennai);
(b) the City of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971);
(c) the City of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981);
(d) the Municipalities, Town Panchayats and Industrial Townships constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and
(e) the Cantonments constituted under the Cantonments Act, 1924 (Central
Act II of 1924);
(31) “Scheduled Castes” shall have the same meaning as in the Constitution;
(32) “Scheduled Tribes” shall have the same meaning as in the Constitution;
4[(32-a) “Secretary” means the Secretary of a District Panchayat;]
5[***]
(33) 6[“Tamil Nadu State Election Commission”] means the 6[“Tamil Nadu State Election Commission”] referred to in Section 239 ;
(34) 7[“Tamil Nadu State Election Commissioner”] means the 7[“Tamil Nadu State Election Commissioner”] referred to in Section 239 ;
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(35) “unreserved forest” means a forest not notified under Section 4 of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) and includes unreserved land at the disposal of the Government;
(36) “village” means any local area which is declared to be a Panchayat Village under sub-section (1) of Section 4, and ‘revenue village’ means any local area which is recognized as a village in the revenue accounts of Government after excluding therefrom the areas, if any, included in-
(a) the City of 8(Chennai);
(b) the City of Madurai constituted under the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971);
(c) the City of Coimbatore constituted under the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981);
(d) the Municipalities, Town Panchayats and Industrial Townships constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); and
(e) the Cantonments constituted under the Cantonments Act, 1924 (Central
Act II of 1924);
(37) “Village Panchayat” means a Panchayat constituted as a Village Panchayat under sub-section (1) of Section 6 ; 9[***]
(38) “water-course” includes any river, stream or channel, whether natural or
artificial;
(39) “year” means the financial year.
1. Substituted by Tamil Nadu Act 30 of 1995.
2. The word “Chief Executive Officer means the Chief Executive Officer of a District Panchayat” omitted by Tamil Nadu Act 28 of 1998.
3. Substituted by Tamil Nadu Act 21 of 1996.
4. Inserted by Tamil Nadu Act 28 of 1998.
5. Clause (32-b) omitted by Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006. Before omission it was read as:“Special Village Panchayat” means the Special Village Panchayat referred to in sub-section(4) of Section 6;
6. Substituted for the words “State Election Commission” by Tamil Nadu Act 4 of 1998.
7. Substituted for the words “State Election Commissioner” by Tamil Nadu Act 4 of 1998.
8. Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996.
9. The words “and includes a Special Village Panchayat” were added by Tamil Nadu Act 39 of 2004 and omitted by Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006.
Chapter II Grama Sabha
3. Grama Sabha. – (1) There shall be a Grama Sabha for every Village Panchayat consisting of persons registered in the electoral roll relating to the Panchayat Village, comprised within the area of the said Village Panchayat.
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1[(2) Subject to the general orders of the Government, the Grama Sabha shall meet atleast twice in a year but six months shall not intervene between any two meetings.
(2-A) Every meeting of the Grama Sabha shall be convened by the President of the Village Panchayat. If the President fails to convene the meeting of the Grama Sabha, the Inspector shall convene the meeting.]
(3) (a) The Grama Sabha shall, -
(i) approve the village plan ;
(ii) approve the village budget for the year ; 2[***]
3[(ii-a) approve the audit report on the Village Panchayat accounts of
the previous year; and]
(iii) review the progress of the implementation of all schemes entrusted to the Village Panchayat.
(b) The Government may, by notification, entrust to the Grama Sabha such other functions as may be specified.
(4) The Village Panchayat shall give due consideration to the recommendations and suggestions of the Grama Sabha.
(5) The quorum for a meeting 4[***] and the procedure for convening and conducting such meetings of the Grama Sabha shall be such as may be prescribed.
(6) Every meeting of the Grama Sabha shall be presided over by the President and in his absence, by the Vice President and in the absence of both the President and Vice President, by a member chosen by the members present at the meeting.
1. Substituted by Tamil Nadu Act 28 of 1998.
2. The words “and” was omitted by Tamil Nadu Act 28 of 1998.
3. Inserted by Tamil Nadu Act 28 of 1998.
4. The words “of the Grama Sabha shall be one-third of the total number of the members of the Grama Sabha” were omitted by Tamil Nadu Act 28 of 1998.
Chapter III
Formation and Constitution of Village Panchayats, Panchayat union councils and District Panchayats
4. Formation of Panchayat Villages. – (1) The Inspector,-
(a) shall, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages 1[***] as a Panchayat Village for the purposes of this Act; and
(b) shall, by notification, specify the name of such Panchayat Village.
(2) (a) The Inspector may, by Notification, exclude from a Panchayat Village any area comprised therein, 2[***].
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3[(b) In regard to any area excluded under clause (a), the Inspector may by notification under sub-section(1), declare it to be a Panchayat Village or include it in any contiguous Panchayat Village under clause (c)(i).]
(c) The Inspector may, by notification, -
(i) include in a Panchayat Village any local area contiguous thereto; or
(ii) cancel or modify a notification issued under sub-section(1); or
(iii) alter the name of any Panchayat Village specified under sub-
section(1).
(d) Before issuing a notification under clause (a) or under clause (b) read with sub-section(1) or under clause (c), the Inspector shall give the Village Panchayat or Village Panchayats which will be affected by the issue of such notification, a reasonable opportunity of showing cause against the proposal and shall consider the explanations and objections, if any, of such Village Panchayat or Village Panchayats.
(3) Any rate-payer or inhabitant of such area or any Village Panchayat concerned, may, if he or it objects to any notification under sub-section(1) or sub-section(2), appeal to the Government within such period as may be prescribed.
(4) The Inspector may pass such orders as he may deem fit –
(a) as to the disposal of the property vested in a Village Panchayat which has ceased to exist and the discharge of its liabilities;
(b) as to the disposal of any part of the property vested in Village Panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the Village Panchayat relating to such property or arising from such local area.
(5) An order made under sub-section (4) may contain such supplemental, incidental and consequential provisions as the Inspector may deem necessary, and in particular may direct –
(i) that any tax, fee or other sum due to the Village Panchayat or where a Village Panchayat has ceased to exercise jurisdiction over any local area, such tax, fee or other sum due to the Village Panchayat as relates to that area shall be payable to such authorities as may be specified in the order;
(ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date on which the Village Panchayat ceased to exist or, as the case may be, on the date on which the Village Panchayat cease to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order.
4[4-A. Special provisions relating to Town Panchayat constituted as Village Panchayat.- (1) Notwithstanding anything contained in this Act,-
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(a) the Chairman and members of a Town Panchayat holding office as such immediately before the date of constitution of such Town Panchayats as Village Panchayat under this Act consequent on the cancellation or modification of the notification declaring it as Town Panchayat under Section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), shall be deemed to be the elected President and members of such Village Panchayat under this Act and such President and members shall continue to hold office upto such date as the Government may, by notification, fix in this behalf or in case no such date is fixed, upto the date on which their term of office would expire under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), if they had been elected as Chairman or members of the Town Panchayat and such President and members shall exercise all powers and perform all duties conferred on the President and members by or under provisions of this Act;
Provided that such Village Panchayat shall have no representation in the Panchayat Union Council or the District Panchayat, as the case may be, till such President and members of the Village Panchayat continue to hold office as such President and members under this sub- section;
(b) all the employees, other than the provincialised employees, of the Town Panchayat immediately before its constitution as Village Panchayat shall be the employees of such Village Panchayat under this Act. The provincialised employees shall continue to serve under the Village Panchayat and they shall be transferred by the Director of Town Panchayats within three months from the date on which such Village Panchayat is constituted under this Act.
(2) Subject to the provisions of sub-section (1), the provisions of this Act and the Rules made thereunder shall apply to the Village Panchayat referred to in sub-section (1).]
1 The words “with a population estimated at not less than five hundred” were omitted by the Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006.
2. The words “provided that a population of the Panchayat Village after such exclusion is not less than five hundred” were omitted by the Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006.
3. Clause (b) substituted by Tamil Nadu Act 17 of 2006 w.e.f.Excerpt shown. Open the full act in Lexace.