MADRAS PANCHAYATS ACT, 1958

Act No. 35 of 1958

30th January, 1959

An Act to make better provision for the organization of village and town panchayats and for the constitution of panchayat union councils. Whereas 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 ho brought under control; Whereas the measures designed to secure these two national purposes depend for their successful implementation on their being undertaken as part of a comprehensive programme of measures designed to promote rural employment, to improve 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 Extension Service Scheme of Communit

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S.1 Short title, extent and commencement

(1) This Act may be called the "Madras Panchayats Act, 1958."

(2) It extends to the whole of the State of Madras except (i) the City of Madras, (ii) the municipalities governed by the Madras District Municipalities Act, 1920 (Madras Act V of 1920), (iii) the cantonments governed by the Cantonments Act, 1924 (Central Act II of 1924), and (iv) the townships governed by the Mettur Township Act, 1940 (Madras Act XI of 1940), the Courtallam Township Act, 1954 (Madras Act XVI of 1954) and the Bhavanisagar Township Act, 1954 (Madras Act XXV of 1954).

(3) It shall come into force on such date *, not being later than the 2nd day of October 1961, as the Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act or for different areas,

* In all the areas of the State except in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district-- (i) sections 1 and 196 came into force on the

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context--

• (1) 'building' includes a house, out-house, tent, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material 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 the Panchayat Union Council;
• (4) ' Collector ' means the Collector of the revenue district;
• (5) ' commissioner ' moans the commissioner of the panchayat union;
• (6) ' company' means a company as defined in the Companies Act, 1956 (Central Act I of 1956) and includes a foreign company within the moaning of section 591 of that Act;
• (7) ' district' means the revenue district referred to in sub-section (1) of
  

S.3 Formation of panchayat villages and panchayat towns

(1) The Inspector shall by notification-

• (a) 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 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;
• (b) classify and declare every other local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages with a population estimated at not less than five hundred as a panchayat village for the purposes of this Act; and
• (c) specify the name of such panchayat town or panchayat village.

(2) (a) The Inspector may, by notification, exclude from a village or town any area comprised therein, provided that the population of the village or town, after such exclusion, is not less th

S.4 Townships

(1) The Government may, if a specific motion is passed to that effect by both Houses of the Legislature, declare any village or town or any specified part thereof to be a township if it is an industrial, labour or institutional colony or a health resort.

(2) In regard to any area declared to be a township, the Government shall, by notification, constitute a township committee.

(3) A notification issued by the Government may direct that any functions vested in a panchayat by or under this Act shall be transferred, to and performed by the township committee and shall provide for--

• (i) the total number of members of the township committee;
• (ii) the persons who shall be members of the township committee or the manner in which they shall be chosen;
• (iii) the person who shall be the chairman of the township committee or the manner in which ho shall be elected or appointed;
• (iv) the term of office of members and the chairman;
• 
  

S.5 Constitution of certain town panchayat areas as municipalities

(1) The Government may, by notification, direct that any panchayat town with a population estimated at not loss than twenty thousand and with an estimated annual income of not less than one lakh of rupees be constituted as or included in a municipality for the purposes of the Madras District Municipalities Act, 1920 (Madras Act V of 1920), with effect on and from such date as may be specified in the notification:

Provided that before issuing a notification under this sub-section the panchayat concerned shall be given a reasonable opportunity for showing cause against such proposal.

(2) The Government may, on an application from the panchayat concerned, by notification direct that any local area in which a town panchayat exercises jurisdiction with a population of less than twenty thousand, but has an annual income exceeding one lakh of rupees be constituted as or included in a municipality for the purposes of the Madras District Municipalities Act, 1920 (Madras Act V

S.6 Extension of provisions of Madras District Municipalities Act, 1920, or of any rules made thereunder

(1) The Inspector may, whether at the request of the panchayat or otherwise, by notification, declare that any of the provisions of the Madras District Municipalities Act, 1920 (Madras Act V of 1920), or of any rules made thereunder, shall be extended to, and be in force in, the village or town or any specified area therein.

(2) The provisions so notified shall be construed with such alterations (not affecting the substance) as may be necessary or proper for the purpose of adapting them to the village or town or specified area therein.

(3) Without prejudice to the generality of the foregoing provision, all references, in the provisions so notified, to a municipal council or the chairman or the executive authority thereof shall be construed as references to the panchayat or the president or the executive authority thereof, all references to any officer or servant of a municipal council as references to the corresponding officer or servant of the panchayat, and all refe

S.7 Formation of panchayat unions

(1) The Government may, from time to time, publish a notification of their intention--

• (a) to declare any local area forming a development 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 such panchayat development block a panchayat union.

(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 consideration.

(3) After the expiry of six weeks from the publication of the notification and after considering the objections, if any, which have been submitted, the Government may, by notification --

• (a) declare the local area to be a panchayat development block;
• (b) declare
  

S.8 Constitution of panchayats for villages and towns and their incorporation

(1) A panchayat shall be constituted for each village and for each town with effect from such date as may be specified in the notification issued in that behalf by the Inspector.

(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 union council or any other authority.

(3) Every panchayat shall be a body corporate by the name of the village or town specified in the notification issued under section 3, shall have perpetual succession and a common seal, and, subject to any 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 or immovable, of entering into contracts, and of doing

S.9 Alteration of classification of towns and villages

(1) The Government may alter any classification, notified under sub-section (1) of section 3, if in their opinion the town or village satisfies or ceases to satisfy the conditions referred to in that sub-section.

(2) Any decision made by the Government under this section shall not be questioned in a Court of Law.

S.10 Strength of a panchayat

(1) The total number of members of a panchayat shall be notified by the Inspector in accordance with such scale as may be prescribed with reference to population.

(2) The Inspector may, from time to time, by notification, alter the total number of members of a panchayat notified under sub-section (1).

(3) The number notified under sub-section (1) or the number as altered by notification under sub-section (2) shall not be loss than five or more than fifteen:

Provided that the strength of the panchayat as notified under sub-section (I) or as altered by notification under sub-section (2) shall be deemed to be increased by one in case a member is co-opted under section 15, sub-section (4).

S.11 Constitution of panchayat union councils for panchayat unions and their incorporation

(1) A panchayat union council shall be constituted for each panchayat union with effect from such date * as may be specified in the notification issued in that behalf by the Government.

(2) Subject to the provisions of this Act, the administration of the panchayat union shall vest in the panchayat union council but the panchayat union council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its chairman or the commissioner or to the panchayat or any other authority:

Provided that if and so long as there is no panchayat in any part of a panchayat union, the panchayat union council shall exercise all the powers including the power of taxation, discharge the duties, perform the functions and be credited with the receipts and debited with the charges of the panchayat, and the chairman and the commissioner of the panchayat union council shall exercise the powers, discharge the duties and perform the function

S.12 Strength of a panchayat union council

(1) Every panchayat and every township committee constituted under this Act in a panchayat union shall elect to the panchayat union council in the proscribed manner one person from among its members:

Provided that if among the persons so elected there are no women or members of the Scheduled Castes or the number whether of women or of members of the Scheduled Castes is less than three, the panchayat union council may co-opt such number of women or members of the Scheduled Castes as may be necessary to ensure that the council includes not less than three women and three members of the Scheduled Castes.

(2) A member of the State Legislative Assembly representing a constituency comprising the whole or any part of a panchayat development block and any member of the State Legislative Council residing in a panchayat development block shall be entitled to take part in the proceedings of the council, but shall not be entitled to vote or to be elected as the chairman or vice-c

S.13 Repeal of Madras Acts XIV of 1920, X of 1950, XXX of 1955 and XIII of 1957

With effect on and from such date as may be specified in the notification constituting a panchayat union council under this Act--

• (i) the Madras District Boards Act, 1920 (Madras Act XIV of 1920), the Madras Village Panchayats Act, 1950 (Madras Act X of 1950), the Madras Land Revenue (Additional Surcharge) Act, 1955 (Madras Act XXX of 1955), and the Madras District Boards (Amendment) Act, 1957 (Madras Act XIII of 1957), shall stand repealed in the panchayat development block concerned and such panchayat development block shall cease thereafter to be included within the jurisdiction of any district board;
• (ii) the Special Officer appointed for the district board under the Madras District Boards Act, 1920 (Madras Act XIV of 1920), having jurisdiction over the panchayat development-block shall cease to exercise jurisdiction over that block;
• (iii) all elementary schools maintained by any panchayat or district board immediately before the said date in the
  

S.14 Election of members

The members of the panchayat shall be elected in such manner as may be prescribed:

Provided that no person shall be eligible to be elected or co-opted under this Act as a member of more than one panchayat.

S.15 Reservation of seats for members of Scheduled Castes and co-optation of women

(1) In every panchayat, the Inspector may, subject to such rules as may be prescribed, by notification, reserve such number of seats, if any, as ho thinks fit for the members of the Scheduled Castes, with due regard to their population in the village or town.

(2) Any reservation made under sub-section (1) shall have effect only until the first ordinary elections to the panchayat after the expiration of a period of ton years from the commencement of the Madras Village Panchayats Act, 1950 (Madras Act X of 1950).

(3) Nothing contained in sub-section (1) shall be deemed to prevent members of the Scheduled Castes for whom seats have been reserved in any panchayat, from standing for election to the non-reserved seats in the panchayat.

(4) Every panchayat shall be entitled to co-opt to itself one woman whose name appears in the electoral roll for the panchayat, if there is no elected woman member in that panchayat.

S.16 Division into wards

For the purpose of electing members to a panchayat, the Inspector shall, after consulting the panchayat, if any, by notification, divide the village or town into wards and determine the number of members to be returned by each ward in accordance with such scale as may be proscribed.

S.17 Term of office of members

(1) The term of office of the members of every panchayat who are elected at ordinary elections shall, save as otherwise expressly provided in, or may be prescribed under this Act, be five years beginning at noon on the day on which the vacancies occur:

Provided that the Inspector may, by notification, for sufficient cause which shall be stated therein, direct that the term of office of the members of any panchayat as a whole be extended or reduced by such period not exceeding three months as may be specified in the notification.

(2) Ordinary vacancies in the office of an elected member of a panchayat shall be filled at ordinary elections which shall be fixed by the election authority to take place on such day or days within three months before the occurrence of the vacancies, as he thinks fit:

Provided that the Government may for sufficient cause direct or permit the holding of any ordinary election after the occurrence of the vacancy.

(3) (a) Every casu

S.18 Panchayat to elect members in certain cases and the term of office of such members

(1) If at an ordinary or casual election, no person is elected to fill any vacancy, a fresh election shall be held on such day as the Inspector may fix.

(2) If, at such fresh election also, no person is elected to fill the vacancy or any of the vacancies, as the case may be, the panchayat may, in the manner prescribed, elect a qualified person to fill such vacancy.

(3) The term of office of a member of a panchayat elected under this section, shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.

S.19 Tenure of members of panchayat union council and filling up of seats

(1) The term of office of members of every panchayat union council shall, save as otherwise expressly provided in this Act, be five years beginning on such date as may be notified by the Inspector in the case of each panchayat union council.

(2) Ordinary vacancies in the office of a member of a panchayat union council shall be filled at ordinary elections which shall be fixed by the Inspector to take place on such day or days as may be notified by the Inspector in this behalf in the case of each panchayat union council:

Provided that the Government may, for sufficient reasons, direct, from time to time, the postponement or alteration of the date of an ordinary election or any stage thereof.

(3) A member of a panchayat union council elected at an ordinary election held after the occurrence of a vacancy shall enter upon office forthwith, but shall hold office only so long as he would have been entitled to hold office if ho had been elected before the occurrence o

S.20 Preparation and publication of electoral roll and qualifications for inclusion therein

(1) Every person whose name is included in such part of the electoral roll for any Assembly constituency as relates to the village or town or any portion of the said village or town shall be entitled to be included in the electoral roll for the panchayat, and no other person shall be entitled to be included therein.

Explanation.--Where, in the case of an Assembly constituency, there is no distinct part of the electoral roll rotating to the village or town, all persons whose names are entered in such roll under the registration area comprising the village or town and whose addresses as entered in such roll are situated in the village or town shall be entitled to be included in the electoral roll for the panchayat prepared for the purposes of this Act.

(2) As soon as may be, after the electoral rolls for the Assembly constituencies which consist of, or comprise, the village or town or any portion of the said village or town have been published, revised or amended in pur

S.21 Power to correct electoral roll

Notwithstanding anything contained in section 20, the proscribed authority may, after malting such inquiry as he thinks fit, publish in such manner as the Government may direct, amendments to the electoral roll for any panchayat for the purpose of bringing it into accord with the electoral roll for the relevant Assembly constituency.

S.22 Qualifications of candidates

No person shall be qualified for election as a member of a panchayat or panchayat union council unless his name appears on the electoral roll of the panchayat.

S.23 Disqualification of officers and servants of Government and local bodies

(1) No village headman, karnam, or village servant and no other officer or servant of the State or Central Government or of a panchayat, panchayat union council, municipal council or the Corporation of Madras shall be qualified for election as a member or for holding office as a member.

(2) If any question arises either before or after an election, whether any person is or is not disqualified under this section, the question shall be referred to the Government whose decision shall be final.

S.24 Disqualification of persons convicted of election offences

Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code (Central Act XLV of 1860) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of member of a panchayat or of a panchayat union council for a period of five years from the date of his conviction.

S.25 Disqualifications of candidates

(1) A person who has been sentenced by a criminal court to imprisonment for any offence involving moral delinquency (such sentence not having been reversed), shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration thereof.

(2) A person shall be disqualified for election as a member if, at the date of nomination or election, he is--

• (a) of unsound mind, a deaf-mute or suffering from leprosy;
• (b) an applicant to be adjudicated an insolvent or an undischarged insolvent;
• (c) interested in a subsisting contract made with, or any work being done for, the panchayat or the panchayat union council except as a shareholder (other than a director) in a company;
• (d) employed as paid legal practitioner on behalf of the panchayat or panchayat union council or as legal practitioner against the panchayat or the panchayat union council;
• (e) an honorary Magistrate under the
  

S.26 Disqualifications of members

Subject to the provisions of section 28, a member shall cease to hold office as such if he--

• (a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 25;
• (b) becomes of unsound mind or a deaf-mute or suffers from leprosy;
• (c) applies to be adjudicated, or is adjudicated, an insolvent;
• (d) acquires any interest in any subsisting contract made with, or work being done for, the panchayat or the panchayat union council except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act;
• (e) is employed as paid legal practitioner on behalf of the panchayat or the panchayat union council or accepts employment as legal practitioner against the panchayat or the panchayat union council;
• (f) is appointed as an officer or servant under this Act;
• (g) is appointed as an honorary Magistrate under the Code of Criminal Pro
  

S.27 Restoration 8 of members to office

(1) Where a person ceases to be a member under section 24 or clause (a) of section 26, he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision; and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.

(2) Where a person ceases to be a member under clause (j) of section 26, the executive authority or the commissioner shall at once intimate the fact in writing to such person and report the same to the panchayat or the panchayat union council as the case may be at its next meeting. If such person applies for restoration suo motu to the panchayat or the panchayat union council, as the case may be, on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the panchayat or the panchayat union council, as the case may be, may at the meeting next

S.28 Authority to decide questions of disqualification of members

(1) Whenever it is alleged that any person who has been elected as a member of a panchayat or panchayat union council is not qualified or has become disqualified under section 22, 24, 25 or 26 and such person does not admit the allegation, or whenever any member is himself in doubt whether or not he is not qualified or has become disqualified under section 24, 25 or 26, such member or any other member may, and the executive authority or the commissioner as the case may be shall, on the direction of the panchayat or panchayat union council or of the Inspector, apply to the prescribed judicial authority whose decision shall be final.

(2) Pending such decision, the member shall be entitled to act as if he is qualified or wore not disqualified.

S.29 President and vice-president of panchayat

There shall be a president and a vice-president for every panchayat.

S.30 Election of president and the vice-president

The president and the vice-president shall be elected by the panchayat from among its members in accordance with such procedure as may be proscribed.

S.31 Procedure when no president or vice-president is elected

If at an election hold under section 30, no president or vice-president is elected, a fresh election shall be held for electing the president or vice-president as the case may be.

S.32 Cessation of office of president and vice-president

(1) The president shall cease to hold office as such on the expiry of his term of office as a member Or on his otherwise ceasing to be a member.

(2) The vice-president shall cease to hold office as such, on the expiry of his term of office as a member or on his otherwise ceasing to be a member or on his election as president.

(3) The president or vice-president shall cease to hold office as such on his election as chairman or vice-chairman of any panchayat union council.

S.33 Functions of the president

(1) The president shall--

• (a) convene the meetings of the panchayat;
• (b) have full access to the records of the panchayat;
• (c) discharge all the duties specifically imposed and exercise all the powers conferred on the president by this Act.

(2) No official correspondence between the panchayat and the Government shall be conducted except through the president. The president shall ho bound to transmit communications addressed through him by the executive officer to the Government or by the Government to the executive officer.

S.34 Devolution and delegation of president's functions and filling up of vacancies in the office of president

(1) When the office of president is vacant, the vice-president shall exercise the functions of the president until a new president is declared elected and assumes office.

(2) If the president has been continuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the vice-president.

(3) When the office of president is vacant or the president has been continuously absent from jurisdiction for more than thirty days or is incapacitated and there is either a vacancy in the office of vice-president or the vice-president has been continuously absent from jurisdiction for more than thirty days or is incapacitated, the functions of the president shall devolve on a member of the panchayat appointed by the Inspector in this behalf, and if no member of the panchayat is available for such appointment, on such person as may be appointed by the

S.35 Delegation of functions of president

Subject to such restrictions and control as may be prescribed, the president may by an order in writing delegate any of his functions as such to the vice-president and in the absence of the vice-president to any other member, provided that the exorcise or discharge of any functions so delegated shall be subject to such further restrictions and conditions as may be laid down by the president and shall also be subject to his control and revision:

Provided that he shall not delegate any functions which the panchayat expressly prohibits him to delegate.

S.36 Chairman and Vice-chairman

(1) There shall be a chairman and a vice-chairman for every panchayat union council.

(2) The chairman and the vice-chairman shall be elected by the panchayat union council from among its members in accordance with such procedure as may be prescribed. If at an election held under this sub-section, no chairman or vice-chairman is elected, a fresh election shall be held for electing the chairman or vice-chairman, as the case may be.

(3) The chairman shall--

• (a) convene the meetings of the panchayat union council; and
• (b) discharge all the duties specifically imposed and exercise all the powers conferred on the chairman by this Act and the rules made thereunder.

(4) The chairman shall have full access to all the records of the panchayat union council and no official correspondence between the council and the Government shall be conducted except through the chairman. The chairman shall be bound to transmit communications addressed throug

S.37 Devolution and delegation of chairman's functions and tilling up of vacancies in the office of chairman

(1) When the office of chairman is vacant, the vice-chairman shall exercise the functions of the chairman until a new chairman assumes office.

(2) When the office of chairman is vacant and there is either a vacancy in the office of vice-chairman, or the vice-chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated, the Revenue Divisional Officer shall, after giving notice of not less than seven clear days to the members convene a meeting for the election of a chairman and until a new chairman or vice-chairman is elected and assumes office, or the vice-chairman returns to jurisdiction or recovers from his incapacity as the case may be, the Revenue Divisional Officer shall, notwithstanding anything contained in this Act, or in the rules or notifications issued thereunder, be ex-officio member and chairman of the panchayat union council.

(3) An out-going chairman or vice-chairman is eligible for re-election.

(4) The cha

S.38 Rights of individual members

(1) Any member may call the attention of the executive authority or the commissioner as the case may be to any neglect in the execution of panchayat or panchayat union work, to any waste of panchayat or panchayat union property or to the wants of any locality, and may suggest any improvements which may appear desirable.

(2) Every member shall have the right to move resolutions and to interpellate the president or chairman on matters connected with the administration of the panchayat or panchayat union council as the case may be, subject to such rules as may be prescribed.

(3) Every member shall have access during office hours to the records of the panchayat or the panchayat union council as the ease may be after giving due notice to the executive authority or commissioner, provided that the executive authority or commissioner may, for reasons given in writing, forbid such access.

S.39 No president, vice-president, chairman, vice-chairman or member to receive remuneration

No president, vice-president, chairman, vice-chairman or member shall receive, or be paid from the funds at the disposal of or under the control of the panchayat or panchayat union council any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacity.

S.40 Appointment of executive officers for certain panchayats

(1) A whole-time executive officer shall be appointed by the Government for every town panchayat.

(2) In the case of every village panchayat, the president of the panchayat shall, subject to such rides as may be prescribed, perform the functions of the executive officer.

(3) Save as otherwise prescribed, no executive officer appointed under sub-section (1) shall undertake any work unconnected with his office without the sanction of the panchayat and the Government.

(4) The panchayat shall pay the executive officer such salary and allowances as may from time to time be fixed by the Government.

(5) The panchayat shall also make--

• (a) if the executive officer is in the service of the Government such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the Government to be made by him or on his behalf;
• (b) if the executive officer is not in the service of the Gov
  

S.41 Functions of executive officer

The executive officer shall--

• (a) have the right to attend the meetings of the panchayat or of any committee thereof and take part in the discussions thereat but without the right to move any resolution or to vote;
• (b) attend any meeting of the panchayat or of any committee thereof if required to do so by the presiding officer.

S.42 Devolution of functions of executive officer

Subject to such restrictions and control as may be prescribed, when the executive officer is unable to discharge his functions owing to absence, illness or any other cause, the president shall discharge his functions until the date on which the executive officer resumes his duties.

S.43 Functions of executive authority

The executive authority shall--

• (a) carry into effect the resolutions of the panchayat:

  Provided that where the president considers that a resolution has not been legally passed or is in excess of the powers conferred by this Act or that, if carried out, it is likely to endanger human life or health or the public safety, the executive authority shall refer the matter to the Government for orders and their decision shall be final;

• (b) control all the officers and servants of the panchayat;
• (c) discharge all the duties specifically imposed and exercise all the powers conferred on the executive authority by or under this Act and subject to all restrictions and conditions imposed by or under this Act, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purposes thereof.

S.44 Commissioners

(1) A commissioner shall be Appointed by the Government in the case of each panchayat union council. Such commissioner shall ordinarily be the Development Officer appointed in pursuance of the National Extension Service Scheme of Community Development for the panchayat development block.

(2) No recovery shall be made from the panchayat union council towards the salary and allowances paid to any commissioner or towards his leave allowances, pension and provident fund.

(3) The Government shall have power to regulate the methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the commissioners appointed under sub-section (1).

(4) The commissioner shall--

• (a) have the right to attend the meetings of the panchayat union council or of any committee thereof and take part in the discussions thereat, but without the light to move any resolution or to vote;
• (b) attend any meeting of the panchayat union council
  

S.45 Emergency powers of executive authority and commissioner

The executive authority or the commissioner may in cases of emergency direct the execution of any work or the doing of any act which requires the sanction of the panchayat or the panchayat union council as the case may be and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the panchayat fund or the panchayat union fund as the case may be :

Provided that --

• (a) he shall not act under this section in contravention of any order of the panchayat or the panchayat union council prohibiting the execution of any particular work or the doing of any particular act, and
• (b) ho shall report the action taken under this section and the reasons therefor to the panchayat or the panchayat union council at its next meeting.

S.46 Presidency at meetings of panchayats

(1) Every meeting of a panchayat shall be presided over by the president, in his absence, by the vice-president, and in the absence of both the president and the vice-president, by a member chosen by the members present at the meeting to preside for the occasion.

(2) The president shall preserve order and decide all points of order arising at or in connexion with meetings. There shall be no discussion on any point of order and the decision of the president on any point of order shall be final.

(3) A vine-president or member presiding for the occasion shall, for that meeting and during the period that he presides over it, have all the powers of the president.

S.47 Meetings of panchayat union councils

(1) Every panchayat union council shall meet at such times and places and shall, subject to the provisions of subsection (2), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be prescribed:

Provided that not more than sixty days shall elapse between any two meetings of the panchayat union council.

(2) Every meeting of a panchayat union council shall be presided over by the chairman, in his absence, by the vice chairman, and in the absence of both the chairman and the vice-chairman by a member chosen by the members present at the meeting to preside for the occasion.

(3) The chairman shall preserve order and decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the chairman on any point of order shall be final.

(4) A vice-chairman or member presiding for the occasion shall, for that meeting and

S.48 Members when to abstain from taking part in discussion and voting

(1) No member shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the panchayat or panchayat union council or any committee if the question is one in which, apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner.

(2) The president or chairman as the case may be may prohibit any member from voting or taking part in the discussion of any matter in which he believes such member to have such interest, or he may require such member to absent himself during the discussion.

(3) Such member may challenge the decision of the president or chairman, who shall thereupon put the question to the meeting. The decision of the meeting shall be final.

(4) If the president or chairman is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect is carried, be required t

S.49 Minutes of proceedings

A copy of the minutes of the proceedings at every meeting of a panchayat or panchayat union council as well as of all minutes of dissent in respect of such proceedings received from any member present at the meeting, within 48 hours of the close thereof, shall be submitted by the president or chairman as the case may be within three days of the date of the meeting to the Inspector:

Provided that the Inspector may direct that such minutes shall be submitted either generally or in any specified classes of cases to any officer empowered by him in this behalf.

S.50 Power of panchayat and panchayat union council to call for records

A panchayat or a panchayat union council may require the executive authority or the commissioner as the case may be to produce any document which is in his custody and he shall, subject to such rules as may be prescribed, comply with every such requisition.

S.51 Proceedings of panchayats, panchayat union councils and committees

(1) The proceedings of every panchayat and panchayat union council and of all committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rides or the provisions of this Act, made by the panchayat or the panchayat union council as the case may be with the approval of the Inspector.

(2) The Inspector may remit for reconsideration and re-submission any regulation or part thereof to the panchayat or panchayat union council as the case may be;

Provided, however, that it shall be competent for the Inspector to add to, omit or alter any regulation which contravenes the provisions of this Act or the rules thereunder.

S.52 Appointment of joint committees

(1) A panchayat may, and if so required by the Inspector, shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose for which they are jointly responsible.

(2) The constitution, powers and procedure of a joint committee and the method of settling differences of opinion arising in connexion with the committee between the local authorities concerned shall be in accordance with such rules as may be prescribed.

S.53 Committees

(1) (a) There shall be an Appointments Committee for every panchayat union, which shall be composed of the chairman of the panchayat union council, the commissioner and one member elected annually by the panchayat union council. The chairman of the panchayat union council shall be the chairman of the committee. Subject to the provisions of section 58, and to such rules as may be made by the Government in this behalf appointments to all posts under the panchayat union council the pay of which is debitable to the funds of the panchayat union council, shall be made with the prior approval of the committee.

(b) There shall be an Education Committee and a General Purposes Committee in every panchayat union. The panchayat union council may, and if so required by the Government, shall appoint such other committees as may be necessary for the efficient performance of its duties and functions under this Act. Each of the committees constituted under this sub-section shall consist of s

S.54 Administration reports of panchayats

(1) Every panchayat shall submit to the panchayat union council a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details, and through such authority as may be prescribed.

(2) The report shall be prepared by the executive authority and the panchayat shall consider it and forward the same to the panchayat union council with its resolution thereon.

S.55 Administration reports of panchayat union councils

(1) Every panchayat union council shall submit to the Collector a consolidated report on its administration and on the administration of all panchayats in the panchayat union for each year as soon as may be after the close of such year and not later than the proscribed date, in such form, with such details and through such authority as may be proscribed.

(2) The report shall be prepared by the commissioner and the panchayat union council shall consider it and forward the same to the Collector with its resolution thereon.

(3) The Collector shall prepare a general report on the administration of panchayat union councils and panchayats in the district, place the same before the District Development Council and submit the same to the Government with a copy of the resolution of the District Development Council before such date as may be prescribed. Ho shall also send a copy of the report to the Inspector.

(4) The report and the resolution thereon shall be published

S.56 Acts of panchayats, panchayat union councils, etc., not to be invalidated by informality, vacancy, etc.

No act of a panchayat or of a panchayat union council or of a committee thereof or of any person acting as president, vice-president, chairman, vice-chairman or member of such panchayat or panchayat union council or of a chairman or member of a committee shall be deemed to be invalid by reason only of a defect in the establishment of such panchayat or panchayat union council or committee, or on the ground that the president, vice-president, chairman, vice-chairman or member of such panchayat or panchayat union council or chairman or member of a committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election, or by reason of such act having been done during the period of any vacancy in the office of president, vice-president, chairman, vice-chairman or member of such panchayat, panchayat union council or committee

S.57 Establishment of panchayats and panchayat union councils

(1) The sanction of the panchayat or the panchayat union council as the case may be shall be obtained for all proposals for fixing or altering the number, designations and grades of its officers and servants and the salaries, feet and allowances payable to them.

(2) Such proposals shall be taken into consideration by the panchayat or panchayat union council, as the case may be, only at the instance of the executive authority or the commissioner and the panchayat or panchayat union council may sanction the proposal with or without modifications:

Provided that no proposal adversely affecting any officer or servant of the panchayat or panchayat union council who has been in the permanent service of the panchayat or panchayat union council for more than five years and is drawing a salary of not loss than fifty rupees per mensem shall be considered except at a special meeting convened for the purpose and no such proposal shall be given effect to unless assented to by at le

S.58 Conditions of service of officers and servants

(1) The Government shall have power to make rules regarding the authorities who may appoint the officers and servants of panchayats and panchayat union councils other than the executive officers and commissioners and the classification, methods of recruitment, pay and allowances, discipline and conduct and conditions of service of such officers and servants.

Such rules may provide for the constitution of any class of officers or servants of panchayats and panchayat union councils other than the executive officers and commissioners into a separate service for the whole or any part of the State.

(2) Subject to the provisions of this Act and any rules which the Government may make in this behalf, the panchayat union council may frame regulations in respect of officers and servants on the staff of the panchayat union council--

• (a) fixing the amount and nature of the security to be furnished;
• (b) prescribing educational and other qualifications:

S.59 Appointment of common officer

Two or more panchayats or two or more panchayat union councils may, subject to such rules as may be prescribed, and shall if so required by any authority empowered in this behalf by rules, appoint the same officer or servant to exercise or discharge any powers or duties of a similar nature for both or all of them.

S.60 Transfer of officers and servants

(1) Any officer or servant of a panchayat (including the executive officer) may be transferred to the service of any panchayat union council or any other panchayat by the Inspector:

Provided that no officer or servant (other than the executive officer) shall be so transferred except after consulting the commissioner or the executive authorities concerned.

In making a transfer under this sub-section the Inspector may issue such general or special directions as may in his opinion be necessary for the purpose of giving due effect to such transfer.

(2) Notwithstanding anything contained in this Act or the Madras District Municipalities Act, 1920 (Madras Act V of 1920) any officer or servant of a panchayat union council (including the commissioner) may be transferred by the Government to the service of any other panchayat union council or any municipality constituted under the Madras District Municipalities Act, 1920 (Madras Act V of 1920):

Provided that no o

S.61 Power to punish officers and servants

Subject to such control as may be prescribed by the Government, the executive officer or the commissioner may censure, fine, withhold increments or promotion from, reduce to a lower rank in the seniority list, or to a lower post or time-scale or to a lower stage in a time-scale, suspend, remove or dismiss any officer or servant in the service of the panchayat or panchayat union council as the case may be for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct.

S.62 Applicability of certain sections to public health establishment

The provisions of sections 57 to 61 shall also apply to the public health, establishments of panchayats and panchayat union councils, notwithstanding anything contained in the Madras Public Health Act, 1939 (Madras Act III of 1939).

S.63 Duty of panchayat to provide for certain matters

Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a panchayat, within the limits of its funds, to make reasonable provision for carrying out the requirements of the village or town in respect of the following matters, namely :--

• (a) the construction, repair and maintenance of all village roads, that is to say, all public roads in the village or town (other than those classified as National Highways, State Highways, major district roads and panchayat union roads) and of all bridges, culverts, road-dams and causeways on such roads;
• (b) the lighting of public roads and public places in built-up areas;
• (c) the construction of drains and the disposal of drainage water and sullage;
• (d) the cleansing of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in of disused wells, in sanitary ponds, pools, ditches, pits, or hollows, and other improvements of the sanitary condition o
  

S.64 Power of panchayat to provide for certain other matters

Subject to the provisions of this Act and the rules made thereunder a panchayat may also make such provision as it thinks fit for carrying out the requirements of the village or town on respect of the following matters, namely:-

• (a) the planting and preservation of trees on the sides of all public roads in the village or town subject to mutually agreed terms and conditions between the panchayat and the authority which maintains the road in ease the road is not maintained by the panchayat itself;
• (b) the lighting of public roads and public places in areas other than built-up areas;
• (c) the opening and maintenance of public markets other than markets which are classified as panchayat union markets;
• (d) the control of fairs and festivals other than those classified as panchayat union fairs and festivals;
• (e) the opening and maintenance of public landing places, halting places and cart-stands and of public cattle sheds;
• (f) the
  

S.65 Duty of panchayat union council to provide for certain matters

Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a panchayat union council, within the limits of its funds, to make reasonable provision for carrying out the requirements of the panchayat union in respect of the following matters, namely :--

• (a) the construction, repair and maintenance of all public roads in the panchayat union which are classified as panchayat union roads and of all bridges, culverts, road-dams and causeways on such roads;
• (b) the establishment and maintenance of dispensaries and the payment of subsidies to rural medical practitioners;
• (c) the establishment and maintenance of maternity and child-welfare centres, including the maintenance of a "thayi" service and offering advice and assistance to mothers in family planning;
• (d) the construction and maintenance of poor houses, orphanages, shops, stalls, plinths, the training and employment of vaccinators, the removal of congestion of
  

S.66 Entrustment of execution of National Extension Service Scheme of Community Development to panchayat union councils

The Government shall as soon as may be after the constitution of a panchayat union council for a panchayat development block under this Act entrust to the panchayat union council subject to such conditions and restrictions as may be specified by the Government the execution in the panchayat development block of the National Extension Service Scheme of Community Development, including in particular, all measures relating to the development of agriculture, animal husbandry and village industries organized on an individual or co-operative basis.

S.67 Power of panchayat union council to provide for certain matters

Subject to the provisions of this Act and the rules made thereunder, a panchayat union council may, within the limits of its funds, make such provision as it thinks fit for carrying out the requirements of the panchayat union in respect of measures of public utility other than those specified in section 65, calculated to promote the safety, health, comfort or convenience of the inhabitants of the panchayat union.

S.68 Common waterworks and burial and burning grounds, etc.

Subject to the provisions of this Act and the rules made thereunder two or more panchayats--

• (i) may construct and maintain water-works for supply of water for washing and bathing purposes and of protected water for drinking purposes from a common source and may also provide a common burial and burning ground, and
• (ii) may entrust to the panchayat union council with its consent and on such terms as may be agreed upon, the management of any institution or the execution or maintenance of any work.

S.69 Lighting of public roads and public places

Notwithstanding anything contained in section 64, clause (6), the Government may, by general or special order, direct any panchayat or panchayat union council to provide for the lighting of public roads and public places within its jurisdiction and it shall be the duty of the panchayat or panchayat union council to provide for such lighting:

Provided that where such a direction is given, the Government shall make such provision for the cost of lighting as they may consider reasonable and the decision of the Government shall be final.

S.70 Maintenance of common dispensaries, child-welfare centres, etc.

Subject to the provisions of this Act, and the rules made thereunder, two or more panchayat union councils may establish and maintain common dispensaries, child-welfare centres and institutions of such other kind as may be prescribed.

S.71 Transfer of immovable property, management of institutions, execution or maintenance of works, etc., to a panchayat

(1) The panchayat union council may, subject to such control as may be prescribed, by notification, declare that any immovable property vested in itself shall vest in any panchayat in the same panchayat union, and such property shall, from the date specified in the said notification, vest accordingly.

(2) Subject to such rules as may be prescribed, the Government, the Board of Revenue, the Collector or Revenue Divisional Officer, the panchayat union council or the commissioner, or any person or body of persons, may transfer to the panchayat, with its consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exorcise of any power or the discharge of any duty, whether within or without the village or town, and whether provided for in this Act or not.

S.72 Transfer to panchayat's of unreserved forests and other institutions or works

(1) (a) All unreserved forests in the village at the commencement of this Act shall vest in the panchayat and be administered by it for the benefit of such village.

(b) In respect of every forest so vested, the panchayat shall, if so required by the Collector, pay to the Government such rent as the Collector may, from time to time, subject to the control of the Board of Revenue, fix in this behalf.

(2) (a) If the Revenue Divisional Officer is of opinion that a panchayat is not administering properly a forest vesting in it under sub-section (1), he may, by order, withdraw such forest from the control of the panchayat for such period as may be specified in the order, not exceeding the period, if any, prescribed in this behalf. He may in respect of such forest direct that it be vested in the panchayat union council and be administered by it.

(b) The Revenue Divisional Officer may, from time to time, by order, extend the period specified in any order issued under c

S.73 Power of Board of Revenue to transfer Or resume control of endowments and inams

(1) (a) Subject to the control of the Government, the Board of Revenue may, by notification, make over to a panchayat union council, with its consent, the management and superintendence) of any charitable endowment in respect of which powers and duties attach to the Board of Revenue under the provisions of the Madras Endowments and Escheats Regulation, 1817 (Madras Regulation VII of 1817); and thereupon all powers and duties attaching to the Board of Revenue in respect thereof shall attach to the panchayat union council as if it had been specially named in the said Regulation, and the panchayat union council shall manage and superintend such endowment.

(b) The Board of Revenue may, of its own motion and shall on a direction from the Government, by notification, resume the management and superintendence of any endowment made over to a panchayat union council under clause (a) and upon such resumption, all the powers and duties attaching to the panchayat union council in respec

S.74 Government's power to add to functions of panchayat union council

Subject to such rules as may be prescribed, the Government, the Board of Revenue, the Collector or Revenue Divisional Officer or any person or body of persons may transfer to the panchayat union council with its consent and on such terms as may be agreed upon, the management of any institution or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty whether within or without the panchayat union and whether provided for in this Act or not.

S.75 Limitation of power to accepting donations and trusts

A panchayat or a panchayat union council may accept donations for, or trusts relating exclusively to, the furtherance of any purpose to which its funds may be applied.

S.76 Vesting of public roads in panchayats

(1) All public roads in any village or town (other than roads which are classified by the Government as National Highways or State Highways or as major district roads or as panchayat union roads) shall vest in the panchayat together with all pavements, stones, and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts whether made at the cost of the panchayat or otherwise, in, alongside or under such roads, and all works, materials and things appertaining thereto,

(2) The Government may, by notification, exclude from the operation of this Act any such public road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification.

S.77 Vesting of public roads in panchayat union councils

(1) All public roads in any panchayat union which are classified as panchayat union roads shall vest in the panchayat union council together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made at the coat of the panchayat union council or otherwise, in, alongside or under such roads, and all works, materials and things appertaining thereto.

(2) The Government may, by notification, exclude from the operation of this Act any panchayat union road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification.

S.78 Duty of panchayat in respect of public roads excluded from the operation of the Act

Where any public road has been excluded from the operation of this Act under sub-section (2) of section 76 or sub-section (2) of section 77 and placed under the control of the Highways Department of Government (hereinafter referred to as the Highways Department), the panchayat may and if so required by the Government shall make provision--

• (a) for the watering and maintenance of the drainage of such road;
• (b) for the provision, maintenance and repair of the water-supply mains, drains and sewers in, alongside or under such road;
• (c) for the provision, maintenance and repair of footways attached to such road:

Provided that where in the carrying out of the above provisions it is necessary for the panchayat to open and break up the soil or pavement of any such road, the panchayat shall obtain the previous consent of such officer of the Highways Department as the Government may by general or special order, specify:

Provided further tha

S.79 Precautions in case of dangerous structures

(1) If any structure adjoining a public road vested in a panchayat union council or a panchayat appears to the commissioner or the executive authority, as the case may be, to be in a ruinous state and dangerous to the passers-by, the commissioner or executive authority may, by notice, require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.

(2) If immediate action is necessary, the commissioner or executive authority shall himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he may think fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner hereinafter provided.

S.80 Precautions in case of dangerous trees

(1) If any tree or any branch of a tree standing on land adjoining a public road vested in a panchayat union council or panchayat appears to the commissioner or executive authority to be likely to fall and thereby endanger any person using, or any structure on such road, the commissioner or executive authority may, by notice, require the owner of the said tree to secure, lop or out down the said tree so as to prevent any danger therefrom.

(2) If immediate action is necessary, the commissioner or executive authority shall himself, before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or fence off a part of the public road or take such other temporary measures as ho thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner hereinafter provided.

S.81 Fencing of buildings or lands and pruning of hedges and trees

Where a public road is vested in a panchayat union council or panchayat, the commissioner or executive authority may, by public notice, require the owner or occupier of any building or land near such road to--

• (a) fence the same to the satisfaction of the commissioner or executive authority;
• (b) trim or prune any hedges bordering on such road so that they may not exceed such height from the level of the adjoining roadway as the commissioner or executive authority may determine; or
• (c) cut and trim any hedges or trees overhanging Such road and obstructing it or the view of traffic or causing it damage; or
• (d) lower an enclosing wall or fence which, by reason of its height and situation, obstructs the view of traffic so as to cause danger.

S.82 Prohibition against obstructions in or over public roads, etc.

(1) No person shall, except as permitted by rules made under this Act and except in accordance with the conditions imposed by any licence made requisite by such rules--

• (a) build any wall or erect any fence or other obstruction or projection or make any encroachment whatsoever, whether permanent or temporary, in or over any public road.
• (b) make any hole or deposit any matter in or upon any public road;
• (c) work a quarry in or remove stone, earth or other material from any place within twenty yards of a public road or of other immovable property vesting in or belonging to a panchayat or a panchayat union council, provided that nothing in this clauses shall be deemed to apply to any work which, in the opinion of the Inspector, is done in connexion with a bona fide agricultural operation;
• (d) erect any building over any sewer or drain or any part thereof;
• (e) plant any tree on any public road or other property vesting in or belonging t