Keywords : District, District Development Council, Election Authority, Executive Authority, Executive Authority, Executive Officer, House, Hut, Inspector, Owner, Panchayat, Panchayat Development Block, Panchayat Town, Panchayat Union, Panchayat Union Council, Panchayat Village, President, Private Road, Public Road, Residence, Revenue District, Scheduled Castes, Scheduled Tribes, Town, Town Panchayat, Unreserved Forest, Village, Water-Course
Amendments appended: 18 of 1964, 38 of 1965, 11 of 1970, 12 of 1971, 22 of 1976, 9 of 1977, 27 of 1980, 32 of 1980, 14 of 1981, 55 of 1981, 56 of 1981, 8 of 1982, 41 of 1982, 11 of 1983, 11 of 1985, 24 of 1985, 28 of 1985, 3 of 1986, 11 of 1986, 28 of 1986, 31 of 1986, 13 of 1987, 24 of 1989, 31 of 1989, 3 of 1991, 20 of 1991, 27 of 1992
WWBW~GAS it is necessary in the national interest that the production of food should be increased progressively from year to year so as to keep pace with the growth of population and that the growth of population should be brought under control ; 4 These words wore substituted for the word It Madras *’ by the Tamil Nadu Pldapta.ticbn of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 2 Por Statomeat of Objects and Reasons, see Fort St.. George . Sazette Extraordinary, dated the 2nd September 1958, Part Iv-A, Pages 405 tw414. This Act was extendcd lo the transferred, territory by section 3 (1) of tht; Tamil Nadu l>rzrzchayats( Extension to Transferred Territory) and Pancbyat Union Councils (Special Provisions for First Consti. tution) Amendment Act, 1961 (Tamil Nadu Act 27 of 1961), subject to the provisions of sub-section (2) of the latter Act, repealing the ~rresponding law in forcrcc in that territory. This Act was extended to the added territory by section 4 (1) of the Tamil Nadu Di qtrict Development Councils and Panchayats (Extension to Added Territory) Act, 1961 (Tamil Nadu Act 28 of 1961), subject to the provisions of sub-section (2) of the latter Acf repealing the corresponding law in force in that territory. I \iaut: of seaion 35 (i) of the Tamil Nadu Town and Country pla&ng Act, 1971 (Tamil Nadu Act 35 of 197%) any development plan prepared under the said Act may, inter alia, provide for the suspension, restriction or modification of any provision in the Tamil rn Nadu panchayats Act, 1958 (Tamil Nadu Act X9V of 1958) so far as may be necessary for the proper carrying out of such develop me& plan. 934: Pmchayats [I958 : T.N. Act XXXV WHEREAS the measures designed to secure these two national purposes depend for their successful implements- . tion on their being undertaken as part of a comprehensive . programme of n easures designed to promote rural employment, to improvl : rural living conditions, to provide cultural and recreational facilities in rural areas, and thus to raise the standard of living of the rural people; . . WHEREAS such a comprehensive programme of measures has been framed and is embodied in the National Exten- \ . v sipn Service Scheme of Commuqity Development, and, in pursuance of such scheme, various services are being ., . organised, works constructed and other facilities provided in rural areas ; .’ W WHBRBAS a stage has been reached when statutory pro- vision has to be made for the setting up of local administrative organisations in rural areas so as to be capable of undertaking and digcharging the responsibility for efficient maintenance and further progressive development – of the services, works and other facilities aforesaid ; fl AND WHBREAS it is a Directive Principle of State Polby embodied in the Constitution that the State should take steps to organise village panchayats anti endow them with such powers and authority as may be necessary to enable them to fanction as units of self-governinent; BE it enacted in th.2 Ninth Year of the Kepublic of India as follows :- CEIPJ?TER I- PRELIMINARY. Short title, I. (1) I his r ict ]nay be called the “‘[Tunnil Nadu] Pan.- * extent and chayats Act, 195 8. ” commencement. (2) It extends to t lle whole of the “Sttae of Tamil’ Nadu] except (i) ttie City of Madras, (ii) the municipalities governed by the ‘[Tamil Nadu] District Municipalities Act, 1920 (‘[Tamil Nadu] Act V of 1920), (i ;i) the cantonments governed by the Cantonments Act, 1924 (Centla1 Act I1 of 1924), and (iv) the townships governed by the , I Mettur Township Act, 1940 p(Tami1 Nadu] Act XI of 1940), the Gourtalism Township Act, 1954 (l[Fdmil Nadu] Act XVI of 1954) and the Bhavanisagar Township Act 1954 (l[Tamil Nadu] Act XXV of 1954). I__CC ——— 7–, 1 Th~,se w.)rds wzrc substituted fo~ the word vb Madras ” by the Tamil Nsdu Ad:.tptati.~n of Laws OrcZer, 1909, as amended by the T3mil Nrid~~ Atlaptat ion of Laws (Second Amendment) Order, 1969 2This cxr>rc%si >n was cubstituted for the expre\sion ‘4 State of Madras ” by the Tamil Nddu Adaptation of Laws Order, 1969, as amcnded by thc Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1 969. – – .r – -.- “… 1958 : T.N. Act XXXV] Panchuyats 935 A (3) It shall mme into form on such date*, not being later than the 2nd dq of O~iob~r 1961, as th:. Gm-zrmn~~t may, by notification, appoint ; and different dates may be appointed for different provisions of this Act or for diEerent areas. . 2. In this Act, c~ilesc there is anything repugnant in Definitions. the subject or context- ) build ‘ includes a ‘ ouse, out-house, tenb, stable, latrine, shec’., hut, wall (other than a boundary wall not exce:ding eight feet in heigh~) and any oi.her such struct re, whether of masonr;., bricks, wood, mud, metal or any other material whatsoever; (2) casual vacancy ‘ means a v .cancy ocairring otherwise than by efflux of time and ‘ casual ejection% means an election held to fill a casual vacancy; (3) ‘ Chairman ‘ means the Chairman of the i’anchayat Union Council ; (4) ‘ Collector ‘ means the Collector of the revenue district ; (5) ‘ comlnissioner ‘ means the commissioner of the panchayat union ; ‘. (6) ‘ company ‘ means a cdhtpany as defined in the Companies Act, 1956 (Central’ Act I of 1956)-and includes a foreign company within the meaning of section 591 ofthat Act ; (7) ‘ district ‘ means the revenue distl ict referred to in sub-section (1) of section 3 of the :-[Tarnil NaduJ District Development Councils Act, 1958, or the locat area constituted into a district under sub-section (2) of that section as altered by the notifications, if any, issued under sub-section (3) of the same section ; (8) ‘”District Development Council ‘ means the ‘ District Development Council established under the ‘[Tamil Nadu] District Development Councils Act, 19-58; -_ —– —- – – i These words were substituted for the word ” Madras ” by the famil Nadu Adaptation of Laws Order, 9969, as amended by.the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. * In all the arerLs of the State except in the Kanyakumari district and the Shenc..,ttah taluk of the Tirunelveli district— (i) sections 1 and 196 came into farce on the 31st day of Januarr 1959 ; and (ii) the remaining provisions Came into f0Xe on the 1st day 01 January 1960. 936 Panchayats [f 958 : ZJY. Act XXXV 1 9i~k<[(g-A) ‘ drain ‘ means a rain or storm water drain andwater tables, chutes, and the side drain exclusively dk&tint’to drain awav the rain water falling on the surface ‘Et r af any street, bridie or causeway, but does not include a drain or sewer within the meaning of. the Madras Metropolitan Water Supply and Sewerage Act, 19781; , 1:n.: i ,a : (9) ‘ election a~thority ‘ means such authority, not being the president or vice-president or a member of the payhayat or the chairmm or vice-chairman or a member of the panchayat union council 8s may be prescribed ; (10) ‘ executive ‘autl~ority ‘* means, in the case of , a town panchayat, the executive officer and in the case of a village panchayat, the president ; , (1 1) ‘ executive ofEcer ‘ means the executive officer s’ , of 8 town pancha.y:$t t; (12) ‘ Goverrmwe~i t ‘ mb,lju &c Gtnte Government : (13) cl~ousep means a Suilding fit for human occupa- tion, whether as I rcsidence or otherwise, having a sepa- . rate principal entrance from the common way, and includes any shop, workshop or warehouse or ally building used for garaging or parking buses or as a bus-stand ; (14) ‘ hut ‘ means my building which is construoted principally of wood,g~~~d, leaves, grass or thatch and includes any tempora:
. ‘ .*’-.-.’ — – — ./ Wf3: T.N. Act v Panchaps 937 (19) ‘ owner ‘ includes– (a) the person for the time beii,g receiviag 01 entitled to receive whether on his own accouni cr on behalf of another person as agent, trustee, guardian, manager or receiver or for ;my religious or charitable purpose the rents or profits of the property in cdnnexion with whicl. the word is used ; and (b) the person for the time being in charge of the animal or vellicle in connexion with which the word is used :, (20) ‘ panchayat’ means the body constituted for the iocal administration of a village or rown urider this Act ; (11) ‘ panclmyat development block ‘ means the area declared by the Government from time to time to be a pan.ch.ayat development block for ibe purpoqes of this Act ; (22) ‘panckayst town9 means any locd area over which a panchaynt which is classified as a town panchayat under this Act has jurisdiction ; (23) ‘ panchayaAt union ‘ means ally local area which is declared to be a panchayat union under this Act ; (24) ‘ paucbayat union council ‘ means the body constituted for the administration of a panchayat union under this Act ; (25) “panchapt village ‘ ineans any loca.1 area over which a village panchayat has jurisdiction ; (26) ‘ presidc nt ‘ ineans the prr:sidenf: of’s panchayat ; (27) ‘ private roag 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 pathway made by the owner of premises on his own land to secure access to, or the convenient use of, such premises ; (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, and includes– . (a) the roadway over any public bridgea or cause way ; (b) the footway attached to any such road, pubtic bridge or. causeway 3 and 938 . Poizchoyats [I958 : T.N. Act XXXV (c) thcdrnias attached to any such road, public ‘ bridgcor~~tusew~y,n~~dtho~and,wheli~c~~covercdornot by any pavement, veranda, or other struciuue, which lies on either side of the roadway up to the boundaries of the adjacent proparty, .~hether that property is private property or property bclongi~*f the Stair or Central Government ; (29) a person is deemed to have his ‘residence’ or to ‘reside’ in any house if he sometimes use ; any portion thereof as a sleeping apartment, and a person is not deemed to veasc 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 abandotaed his intention of returi~ing ; . 1 (30) ‘revenue district’ means any local area which for the purposes of revenue administration is under the charge of a District Collector, after excluding therefrom all areas included in– (a) the City of Madras including Fort St. George . with the glacis ; (b) municipalities constituted under the ‘[Tamil Nadu] D;~trict Munisipalities Act, 1920 (‘[Tamil Nadu] Act v of 19~~1 ; and (c) cantonments constituted under the Cantonments Act, 1924 (Central Act I1 of 1921 ) ; (31) ‘Schedclec! Castes’ shall have 1l.e same meaning as-in the Constitutioa of Idia ; . 2[(3 1 -a) .’Schzdule Tribes’ shall have the same / meaning as in the Constitution of India] —-..- —.— —- . – “. . .,- 1 These words were slmbstituted for the word <‘Madrasw by the , , – Tamil Nadu Adaptation of Laws Order, 1969, as amend>:d by the , Tamil Nadu Adapttition of Lads (Second Amendmwt) Order, 1969. . 8 This clause was inserted by section 2 (ii) of the Tamil Nadu – . Pmchayats (Amendment and Miscellaneous Provisions Act, 19~) (Tamil Nadn Act 18 of 1964). “* – =. . ..?- * —– – — – – – – – – — -* -.- – ‘t” *-&.,&%&asam 1958 : TeN. Act XXXVJ Panchayats 939 (32) ‘town’ means any local area which is declared .o. ‘;e s canchavu -A t town under sectioo 3, sub-sectio Dl (1) ; I C I (33) ‘town panchayat’ means a paacha yat classified as a town panchayat under this Act ; I (34) ‘unreserved forest.’ means a forest not notified. under section 4 of the l[Tamil Nadu] Forest Act, 1882 I (l[Tainil Nadu] Act of V of 1882) and includes unreserved land at the disposal of the Government ; (35) ‘village’ means any local area which is. declared to be a panchayat village under section 3, sub-section (1) 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 Madras including Fort St. George with the glacis; 8) municipalities constituted under the ‘[Tamil Nadu] istrict Municipalities Act, 1920 (‘[Tarnil Nadu] Act V of 1920) ; (c) cantonments constituted under ILL Cantonments Act, 1924.(Central Act II of 1924) ; and (d) the townships constituted under the Mettur Township Act, 1940 (‘[Tamil Nadu] Act XI of 1940), the Courtallam Township Act, 1954 (‘[Tamil Nadu] Act , xVI of 1954) and the Bhavanisagar Township Act, 1954 C[Tamil Nadu] Act XXV of 1954). (36) ‘water-course’ includes any river, stream or dnnel, whether natural or artificiai ; (37) ‘year’ means the financial year. –.I-.– — —- — — –.— — 1 These words were substituted for the ~ord “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. CHAPTER ‘ 11.-@O~\JSTflCUTXON AND GO VERNMENT OF PANCHAYATS AND :i>AN@HAYAT UNLQN COUNCILS, I FORMATION OF PANCH~T VILLAGES, YANCHAYA’I’ TOWS AND PANCHAYAT UMIQNS, Formation 3; (1) ‘[The Inspector]– of pawhayat (a) Z[may, by notification, classify and declare ‘Illass panchayat andevery local area possessing urban characteristics and] towns. comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or’ more revenu3 villages and having a population estimated at not less than five thousand and an annual income estimated at not less than ten thousand rupees as a panchayat town for the purposes of this Act ; (t> 3[shall, by notification, classify and declarer every other local area comprising a revenue village or villages or any poltion of a revenue village or contiguous portions of two or lrlore revenue villages with z population estimated at not less than five hundred as a panchayat village for the purposea of this Act ; and (c) *[shall, by notificatior, specify the name] of such panchayat town o i p:: nchayat village. (2) (a) The lnspec?or may, by notification, exclude from a village or town any area comprised therein; pro- vided that the populatioll of ,the village or town, after such exclusion, is not less than five hundred. (b) In regard to any area excluded moder clause a, the Inspector shall by notification under sub-section t! 1 declare it to be a village or town if it has.a population ‘ ,. of; not less than five hundred or if its population is less . than five hundred include it in any contiguous village or town under clause (c) (i). ..—– 1 These hords were s~bctituted for the words “The Inspmor shall by notification” by section 2 (i) of the Tamil Nadu Panchayats . (Amendment) Act, 1970 (:Tamil Nadu. Act 11 af 1970), a These words were substituted far the words ‘klassify and declare every local area” by seckjon 2 (ii), ibid, I 8 These words were substituted for the words “classify and declare?’ by section 2 (iii), i5irl. +These words were substituted for the words ”specify the name*’ b’y section 2 (iv), ibid. – – “- (c) The Xasj?ector may, by notiticrtiou,- (i) include in a village or town any local area .I eontiguws th.ereto ; OJ- (ii) calmel o~ modify a notificatio~l issu,ed under sub-section (1) ; or (iii) alter the name of any viliagc at- town spedfied under sub-section (1). (d) Before issuing e notification under – clause (a) ,or under clause (b) read with sub-section (1) or under clause (c), the Inspector shall give th.e pancha yat or : vie ‘ panchayats which will be affected by the issue of such t 1 notification a reasonable opportunity for showing cause zg?.inst tile proposal and shall consider th-, explanatioils and objections, if any, of snch panchayzt or panchayr t s. (3) Any rate-payer or inhabitant of such area or any panehayat concerned may, if he or it objects to any 1 notification under su b-sc ction (1) or sub-section (2), I appeiil to the Government within such period as may be prescribed. , I I (4) The inspector may pass such orders as he may deem fit- (a) a s to the disposal of the pi opcrty vested in a hanchayat which has ce~sed to exist, aod the discharge of its Biabilities, . (b) as lo the disposal of any part of the property vested in a panchayat which has ~c~sed to cxer~ist. jurisdiction over any local area, nnd the discharge of the liabilities of tk panchayat relating i-u slash property otarising from such local area. Pa11 order made under tXii% SU~~LCGLIO~I may ~oi~tairi such supplomental, incidental and ~oraseque;t,ial provisions as the Inspector may deem tl~~ccssar,: and it1 particl~lar may direct- w (i) that- any tax, fee or other sum due to th~ anchayat or where a panchayat has ceased to exercise .Y urisdiction over any local areaa, such tax, fee or othe~ sl~m due to the panchayat as relates to that area shall I i be ayable to such authorities as m~). be spe~iciled in the ! or B “8% 8 11958 : T;N. Act XXm (ii) that apprals, petitions, or other applications with reference to any such tax, fee or sum which are pcnding on the date on whichthe panchayat ceased . to exist or. 3s the cast may be, on the date on which the p?nchayat wsed to excrcise jurisdiction over the local , ‘area, shqll b: dispos:d of by such authorities as may be specified in the order. ToiRnships. 4, (I) Th.5 Govcrninent may, if a specific motion is % passad to that cffccl by both Houscs of the Legislature, ‘ declerc any village 01- town or any spcified part thereof to bz a township if it is an industripl, labour or institu- , tional colony or a hcnltlz resort. (2) In regard to anxr area declared. to be a township, the G0v~rnmen.t shall, ‘by notificatio13, c0ns1titute a town- , ship committee. \ \r I (3) A potifiei tion issued by the Government may .. 4 direct thp.t any functions vested in a psnchay.at by or under I this Act shall b: transferred to and performed by the township committee and shall provide for- \. .. -3 (i) the total number of mcmbers of the township fl committee ;- ‘6 I (ii) the persoils who shall be ihembers of the township committee or the manner in which they shall be. chosen ; (iii) the person who shall be the chzirman of the township committee or tho manner in which he shgll *$be elected or appointed ; (iv) the ,term of office of members and the chairman; , + (v) the restriu:ions and conditions subject to which the township ccmmitteerrnay pcrf~rm its functions; and (vi) the procedure of the township sommiitee. – — *- , -72 1958: $,N. ~ct XXXV] ~anchayats 943 – (4) The Government may, by notification, direct th2.t any of the p-ovisio~~s of this Act or of the ‘[T?.mil Nadu] District Municipalities Act, 1920 (‘Fa mil Nadu] Act V of 1920), or of 8ay rules mzde t I~er eunder or of any other enactment for he time being i ra force elsewhere in the #[State of Tamil Nadu],%ut not in the village or town or. specified part thereof refcrred to in subsection (1), shall apply to that village, town or part to su ch extent and subject to suc:h modifications, addi tic ns and restrictions as may be specified in the notification. 5. (1) The Government may, by notification, direct Constitution that any panchayat town with a population es;im?.ted ofcertain at not less than twenty thousbnd and. with an eslim2,ted town panchayat annual income of not less than one lakh of rupees be a&s, con’stituted as or included in a municipclity for the pup m~~Pal~- poses of the l[Temil Nzdu] District Mu nicip.lit ier Act, ties. 1920 (l[T~mil Nadu] Act V of : 1920), wjll~ effect on and from such date as may be specified in the notification: Psovidcd tl~?.t before issuing a ljulifimt io n 1r11d cr this sub-section t be pa 12cllayct conc~:l-n~d shil ll bc given a reasonable oppertu i~ity for showing causc against such proposaL (2) The Government may, on an applic~tion frola the panchayat concerned, by notification direct tl~at any local area in which a town pawhayat exercises jurisdic- tion with a population of less than twenty thousand, but has an annual income exceeding one lakh of rupees be constituted as or includedin a municipality for the . purposes of the [Tamil Nadu] District Municipalities Act, 1920 (‘[Tamil Nadu] Act V of 1920), with effect on find from-such date as may be specified in the notification t provided that the Government shall not so direct if the panchayat union council exercising jurisdiction over the area concerned objects to the issue of such dir~ction and the Government are of opinion that the objection is well founded. -I- — ^- _—.– 1 These: words were substituted for the word “Madras” by the T-il Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. 2 This expression was substituted for the exlx’ession “State of Madras”-by the Tainil Nsldu Adaptation of l,a\~s Order, 1969, as amended by the Tamil =du Adaptation of Laws (Second Ammda ment) order 1969. (3) If any local area in which this Act is in force is constituted as or included in a municipality as afore a c , – said- (a) the Government may pass such orders as they may deem fit tbr the transfer to the council of such . municipality or for the disposal otherwise of the assets of or institutions belonging to the pancha.yat in the local area and for the discharge of fhe liabilities, if any, of such I ” pdayat relating to such assets or institutions ; and (b) the members of the panchayat ‘[including , the president] holding office .on the date of the constitu- ::: .. . tion or inclusion aforesaid shall be deemed to be the 4 . . elected members of the council of the municipality afore- , ? -. “*.’ aaid under the Tsarnil Nadu] District Municipalities. 2 \; ,. ‘ rfi .,:t.f;.:’ * Act, 1920 (2[Tainil Nadul Act V of 1920), and such 4 . members shall c0ntinu.e to hold office up to such date ‘ \ .I. I as the Government may, by notification, fix in this behalf, . ,I or in case no such date is fixed, up to the date ‘;on which ‘ 2.;- – . P, , their term of office would expire under the said Act, if .f,5i;: f they had been elected members of the council of the 4;;: ‘.’ . . mu~cipality aforesaid. < i-,; ,:- .: s ~ “. ;. ” Wdongf . 6. (1) The Inspector may, whether at the request: 5 4 :?- pr0fl$&*sf of the panchayat or otherwise, by notification, declare . . -. . ~ Nadu] that any of the provisions of the g[Tamil Nadu] District ‘ District Municipalities Act, 1920 eparnil Nadu] Act Vtof 1920), Munici- or of any rules made thereunder, shall be extended to, paliti~ Ad and be in force in, the village or town or any specified 1920, or of aDY r* area therein. madgth- .under. (2) Tht: provisons so notified shall be construed with such alterations (not affecting tl~t: substance) as may be necessary or proper for the purpose of adapting them to the village or towo or specified 3 rc;! therein. (3) Without: prejudice to the geuerality of the foregoing provision, rtll references, in the provisions SO aotified, to a municipal ~ouzcl! cv: tlze chairman or tfie executive authority thereof shall be construed as references to the panchayat or the president or the executive authority thereof, all refe;*e~.ces to any officer or servant eof a municipal counc:iil as ?references to the corresponding -*- 1 These words were inserted by section 3 of the Tad mu Panchayats (Amendment) Act, 1970 (Tamil Nadu Act 11 of 1970). a These words were substituted for the word “Madrass’ by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu’ Adaptation of Law8 (Second ben-nt) Ordw 11968. ofi~x or servant of the pitnchayat, i~liii ;rli I~\~>I,-~IL*L*S to the municipal lirr~its as references to ti^,- lin~its ~rt’ t11c village or town or sprcified area thereil’i, ns tllc c:~sc may , be. # 3. (1) The Government may, from time to time, ~~rm~ti~n d publish a notification, of their intention- parchay at unions. (a) to declare any local area forning a develop- b ment block for the purposes of the National Extension Service Scheme of Community Development to be a panchayat development block ; and (b) to constitute for every slloh panchayat development block a panchayat union. 4 i (2) Any inhabitant of a local area in respect of which any such notification has been published may submit his .objection in writing to anything contained in the notification to the Government within six weeks from the publication of the notification and the Government shall take all such objections into considefation. (3) After tlie expiry of six weeks &am the publioation of the noti6cation aud after co asidering the objections, if any, which have been submittel, the Government may, by notification- (a) declare the local area to be a pawhayat development block ; (6) declare the said panchayat development block to be a pancliayat union ; and (c) specify the name of the panchayat union. (4) The Government may, by notification- (i) exclude from a panchayat development block any ‘[area] village or town comprised illerein, or (ii) include in a panehayat development block any area contiguous to it, or (iii) cancel or modify a notifice tion issued under stibasectiun (3), or (iv) alter the name of a panchayat union. – -A 4Th.b word war inserted by section 4 of the Tamil Nadu Pan.*.se yats (Amendment) Act, 1970 (Tamil Nadu Act 11 of lz 8 L: CONSTITUTION OF PANCHAYATS AND PANCNAYAI’ UNION COUNCILS. 8. (1) A pal~chnyat shall be constituted for each village Constitution of and for each town with effect from such date as inay be panchayats for spcdfied in the liotification issued in that behalf by the towns and their Inspector. incorporation. (2) Subject to the provisions of this Act, the administration of the village or town shall vest in the panchayat but the panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its president or executive authority or to any panchayat I union council or any other authority. (3) Every pancl~ayat shall be a body corporate by the ‘ name of the villagc or to~lz specified in thc l~otification issued under section 3, shall have perpeiua! s:~ccession and a common seal, and, subject Po any restriction or qunlification imposed hy or under this Act or aT:ir o:hc r law, shall be lasted with the cirpacity of suing 01. -bI:i nc; sued in its corporate name, of acquiring, holding r n~. trailsferring property, movable or immovable, of enterkg into contracts, and of doing all ihhgs i1-cXrcr7, proper or expedient for the purposes for which it is constituted. 9. (lj The Govurnment may alter any classification, A,~~notified undcr sub-section (1) OT seclio~~ 3, if in their of opinion the town cr village satisfies or ceases to satisfy towns and the conditions refcrred to in that soh-section. villages. (2) Aly decision made by the Goverl~rnent under this section shall not be questioned in a Court of Law. . 10. (1) The total number of members of a panchayat strength of 8 ‘[(exclusive of its president)] shall b~ no; ified by the patlchayal. Inspector in accordance with such scale as may be , , prescribed with reference to -population. +.A ‘ -4 <. (2) The Inslector may, from time to time, by notifi- f;” cation, alter the total number of members of a panchayat . i $ . -. – notified under sgl-section (1). f. c— – -…, – ——– 1 These brao~ets a~d wotds were inserted by rsection 5 of the 1 ram1 Nadu Panchayats!Amendment) Act, 1970 (Tlmil Nadu Act 11 i of 1970). commissioner or to Provided that if and so long as there is no panchayat in , any part of a panshayat union, the panchayat unioncouncil shall exercise all the powers including the power of taxation, discharge the duties, perform the functions and-be credited with the receipts and debited vith the charges of the pan- ? chayat, and the chairman and the comn~issioner of the panchayat union council shall excrciso thc power*, dig. charge the duties olai pcrfornl lllc fuutlctiocty of t1# pmul. dent and the zxt-iuti~e autliority respectiucly in such, part of the pai~chayat development biocli, With effect fro~ Union Councils Mrer r? ccr tioned in the R.D.L.A. 1960, dated t,he 19th Scpt of the Fort St. Georgs Gl . . . ., – .–. . . -. 1958 T.N. Act XXXV 1 Panchayats restriction or qualification imposed by .or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property; movable o. immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted. 1i12. (1) A panshayat union council constituted for Composition any panchayat uniorl shall consist of- + and strength of 2[ (i) the chairman ;] a panchayat Union Council. 2[(i-A)] the presidents of all panchayats in the panchayat union ; and (ii) one non-oflicial member of each township con+ mittee in the panchayat union chosen in the prescribed Provided that if among the members of a panchayat union council, there are no women or lnenibers of the Scheduled Castes or Scheduled Tribes or the number wlrcther of woinen or of the members of the Scheduled Castes or Schedlllcd Tribes is less than three, the panchayat union council may co-opt such number of wotneil or members of the Scheduled Castes or Scheduled Tribes as may L, ltecessary to ensure that the council includes three v. omen and three members of the Scheduled Castes and Scheduled Tribes. (2) Notwithstanding anything contained in subsection (1 ),- (i) subject to such conditions as may be prescribed in this behalf, the Government may, by notification, specify any panchayat union, and uponethe issue of such llotification, 3[all the members of panchayats and township contmittees and the presidents or panchayais] in tllat panchayat union sh~ll becotne nlccnbers of the panchayat union council ; — _ ….__–_ ___ _- ___ _- i This , sectioi~ was substituted for the original section 12 by section 3 of the Tamil Nadu Panchayats (Amerdment and Miscel laneous Provisions) Act, 1964 (Tamil Nadu Act 18 of 1964). 2 Clause (i) of sub-section (1) was relettcrcd :ic clause (1-A) of that sub-sectiol~ and this clause was inserted by section 2 (1) of t he Tamil Nadu Panchayats (Second Amendment) Act, 1978 (Tami 1 Nadu – -. Act 13 of 1978). 3 These words were substituted for the wcrds “all the members of panchayats and t~wnship committees” by section 6 (1) of tb Tamil Nadu Pancllayats (~lnuai.;.:::t) Act, 1970 (‘bmil Nada Act 14 f&.? 5Z-T;. : @$** -1, ,.; , 3, ?a;..'”.*, , . 950 P)unc/20j9nfs ps .. [1958: T.N. ActX :&!*p:, ; 5 fC i _ (ii) in the case oT a panchayet union wher %$k.+.,'”‘: , lid is only one panchayat or township committee, I[ ,$$ i.0 , ;, members and the president of that pancbayat or members of that township committee], as tle case may . 7) – it. .: ; ‘k’ . – . shall be members of the pan~h8y~t union council concern 2.?%* + . .+.- ‘;. – . . (3) A member of the State Legislative Assem representi ng a cc.i~stjtucrlcy cornprislng the whole :-. , any part of a pancllayzt d.evelopmeni block and an T.’ L : i. member of r he St: to Legi slative Council residing . 7. . rr . -. . panchayat eevelopl izen t block shall A* – ,*\:,, .- – j n-the proceedings oi t hc panchayat u . . 1 shall not be crltitled to vote thcrei 11 : Provjcf.ed that 1ioi.21i ng contained. i n this sub-secti shall be dcc-med to di sc-11 t I :Ic a mcinber of the State Legis tive Asselnbly rt:pr~se~lt; 12s a constit~ion whole or any part of :L pauchayat dcv?: any. nwrnb-r cd ihe State Legislati vc Council residj llg i n a pai~chayat c;ev~’lo~ent block who having been elected – as prcsjdcn! ol a panchnya; bccomes a inember of tfio panchayat union cocncil, to be elcc1c.d as g[ * * 9 v; ce-chairman of the pw.chayat un:on counci 1. (4) Thc rnemhcrs of every panchayai uilion council shall come i nto office on such date as may bt fixed by ‘ the Government, by notifica1ic.n .] . t 13. With ~ffecr o:1 attd from such date as may be speci. Of fizd i n the noii ficati o!~ cunstitut i np a panchayat union IiTamil Nadu Act8, xv of cour cil undcr i his Act10, X of 1950, (i) :.he -.~~;r ~?ac’u J Dii.i.1.i ct Baarcjs 955 Nadu] * -t XLV c f 1920). i 11′ 4[Tami lNadu and X~IL of 1957, Act, 1950 (4[T~mi l Nail;] Ad X of 1950 Land Revenilo (Add i lc 1×1 Surcha! gc) Nadu] Act XXX LJ~’ 19.5 .i;, and t he “[Tan1 Boards (Am~ndmcntj Act, 1557 (r[Tanli 1 ef 1957 , shall sianc: r,.iiisaled in the . – ment b i cck ci;nc.rncd and suc’l pan – —-_- –I- -_ – _- 1 These words were substituted for the words “all tho mcmbts ~f that pawhaykit oi of that towilship committcc” by section 6 (2) + * of the Tamil Nadu Panchayats (Amendment) Act, 1970 (Tamil ~~d~ “,*, Act 11 of 1970). h i’D ,:.te . a The words “chairman or” were omitted by sec:ion 2 1-21 of . .. ‘9 ‘* ‘ .. ,-. .. .. the Tamil Nagu Panchayats (Secy~d Amendment) Act, 1978 (Tamil . NadwAct13of1978). L /’ ..,% 3 This expression was substituted for ++ ‘ Acts” by the Tamil Nadu Ad.iptntion of ‘it’ . 7″ *, 4 These words were substitutgd for by the Tamil NBdu Adaptation of Laws – – ‘ ., ded by the TamiI Nadu Adaptation of . \ ment) Order, 1969. .$ 9 ,it 1:. #,f 7-. . _Ir -* ,, I ,&:& .. * *_$ e–s-* , . – -* ” x — —- – — $&&?_.~I” ‘ – – 1958: T.N. Act XXXV] “. A-. ~arrchay~cis 95 1 block shall cease theseaflel- to be i rlcludcd withill the jurirdicti~n of* any district beard ; (ij) the SpecialOfficerappc?intcdf~1-thedjsl1-ict beard ttndcl’ t hc [Tami 1 N’adu] District Boards Act, 1920 (‘[Tamil Nadu] Act XIV ot 1920), havi ng jurisdi ction over the pnnchayat devr!op~ncnt block shall ccasc r 0 exercise j uri sdi ct ial ovcr I hat block ; . ‘. (ki) r 1: elementary schools majntajnec? by any pal~chayat OT district bcardinlmediately bciorc the said date in the panchayat dcve!dpms:~t block togctber with the ascets and Pabilif ies appertaining to such scl~cols shall on and from t hc said date stand transferred tc and be vested in the patlchayai union ~:ounci 1 ; (iv) every district rcad, district chcult~ y, dislij CI digpensary and district rnarkrt shall vest in the panchayat unjoil council concern:d ; (v) save as provided i n clause (vi) all property arid all rights of whatever ki nd uscd,enjoycd or possessed by and a1 l interests of whatever kind owned by or vested j n or held in trust by or for the district board const;tuitd unc’tr the l[Tamil Nadu] Di stri ct Bciuds Act, 1920 (l[T~.mi 1 Nadu] Act XIV ot 1920), as \veil as ail liabilities legally subsisting against such boards shall so far as such prbperty rights, in terests and li’abilit ~CS are relatable to the :area which is declared to be a panchayat development block and subject to directions as the Govcrnment may by gene1 a1 01- speci a1 order give in t hi s behalf pass to the panchayat union cOur~cil. , Explanation.–All arrears of taxes, fees or other sums due to a di strict board inay be recovered by the panchayat (vi) (a) all rest-houses and travellers’ bunpalows which vest in the di s!ri ct board or i n the panchayat shall stand transferred to and vcst in tht Government ; (b) every hospital shall stand transferred to and vest i nthe Governme~lt ; (c) all secondary, vocational and industrial schoqls lllaintaj n~d by any di stri cr tcat d together with the assets . alld liabil tits appellaining lo STJC~ schools, as and when notified by the Government, shall stand transte. red to and be vested in such authority as may be specified by the Government by gensral special order. . — — – 1 These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969 952 . Panc Iza,Yn!s [1955: T.N. Act XX&V ‘ ELECTIONS AND TERM OF OFFICE Op MW88RS. * 14. f he members of the panchuyat shall bc eiected i n membns. such manncr as may be prescribed : ‘ provided that no pcrson shall be eligible to be tlected or I co-opted uncier this Act as a mcnlbel- ot more than one pancbayat . Reservation 15. (1) In every paochayat, the Inspector may, subject . , . of for to such rules as may be prescribed, by notification,g[reserve ..h members of such numbcr 01 seats not cxcecdingthrce] as hethinks fit for – – ‘[Scheduled themembers of t 6e3[Schedulcd Castes and Scheduled Tribes] with due regard to their population in r he vi Ilage or town. Scheduled Tribes and co-operat ion of warnen]. (2) Any i-eservati on made under sub-secijon (1) shall have effect only until the Grst ordinary elections to the pancl~ayar after t l~ expiration of a period of4[thirty yews] from t hc commencement of the 6[Tan~i l Nadu] Village Panchayats Act, 1950 (“Tami 1 Nadu] Act X of 1950). ____—– 1 *- – —-1 — -.. .-I These words were substituted Castes and co-optation of women” by sec Panchayats (Amendment and M iscellan (Tamil Nadu Act 18 of 1964). . 8 These words were substituted for the number of seats, if any,” by section 4 (ii) of ‘chayats (Amendment and Miscsllaneous – , (Ta:nil Nadu Act 18 of 1964). – a These words were substituted for the es” by section 1 (ii) of tile Tamil Nadu and2 Miscellaneous Provisions) Act, 1964 4 These words wk re s~~bstituted fo ‘section 2 of the Talnil Nadq Panchayats sident’s Act S of 1977) ;’g substituted for tpe words amil Nadu Pa:lchaynts (Amendnl ions) Act, 1964 (Tamil Nadu Act 5 .These words were substituted for the du Adaptation of i,aws Order, 19 du* Adaptation of Laws (Secon . . dm$”. A>- — – — –& ,.- .—- 11 –< 1958: T.N. Act XXXV] pan~I~j?at~ 9% (3) Nothi 1rg contained i n 4ub-section (I) shall be d ccmcd to prevent members of the 1 [Scheduled Castes and Scheduled Tribe:] for whom wats havz been reserve4 i n any panc’layat , . from A rtandi 2 g fo-: elect ion to -.-11- .+ * ?.c cr, z -5 cxet 52 _c c ,. . . . . :be p211ct273 – . -. – (4) Evi?~ pa~i?a2-ar ~’h3 IX~LX:~:; :< <<
