Bare ActsThe Tamil Nadu Panchayats Act,1994

Section 4

Formation of Panchayat Villages

Amendment status not verified — confirm the current text below against the official source.

Formation of Panchayat Villages. – (1) The Inspector,- (a) shall, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portions of two or more revenue villages 1[***] as a Panchayat Village for the purposes of this Act; and (b) shall, by notification, specify the name of such Panchayat Village. (2) (a) The Inspector may, by Notification, exclude from a Panchayat Village any area comprised therein, 2[***]. 7 3[(b) In regard to any area excluded under clause (a), the Inspector may by notification under sub-section(1), declare it to be a Panchayat Village or include it in any contiguous Panchayat Village under clause (c)(i).] (c) The Inspector may, by notification, - (i) include in a Panchayat Village any local area contiguous thereto; or (ii) cancel or modify a notification issued under sub-section(1); or (iii) alter the name of any Panchayat Village specified under sub- section(1). (d) Before issuing a notification under clause (a) or under clause (b) read with sub-section(1) or under clause (c), the Inspector shall give the Village Panchayat or Village Panchayats which will be affected by the issue of such notification, a reasonable opportunity of showing cause against the proposal and shall consider the explanations and objections, if any, of such Village Panchayat or Village Panchayats. (3) Any rate-payer or inhabitant of such area or any Village Panchayat concerned, may, if he or it objects to any notification under sub-section(1) or sub-section(2), appeal to the Government within such period as may be prescribed. (4) The Inspector may pass such orders as he may deem fit – (a) as to the disposal of the property vested in a Village Panchayat which has ceased to exist and the discharge of its liabilities; (b) as to the disposal of any part of the property vested in Village Panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the Village Panchayat relating to such property or arising from such local area. (5) An order made under sub-section (4) may contain such supplemental, incidental and consequential provisions as the Inspector may deem necessary, and in particular may direct – (i) that any tax, fee or other sum due to the Village Panchayat or where a Village Panchayat has ceased to exercise jurisdiction over any local area, such tax, fee or other sum due to the Village Panchayat as relates to that area shall be payable to such authorities as may be specified in the order; (ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date on which the Village Panchayat ceased to exist or, as the case may be, on the date on which the Village Panchayat cease to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order. 4[4-A. Special provisions relating to Town Panchayat constituted as Village Panchayat.- (1) Notwithstanding anything contained in this Act,- 8 (a) the Chairman and members of a Town Panchayat holding office as such immediately before the date of constitution of such Town Panchayats as Village Panchayat under this Act consequent on the cancellation or modification of the notification declaring it as Town Panchayat under Section 3-B of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), shall be deemed to be the elected President and members of such Village Panchayat under this Act and such President and members shall continue to hold office upto such date as the Government may, by notification, fix in this behalf or in case no such date is fixed, upto the date on which their term of office would expire under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), if they had been elected as Chairman or members of the Town Panchayat and such President and members shall exercise all powers and perform all duties conferred on the President and members by or under provisions of this Act; Provided that such Village Panchayat shall have no representation in the Panchayat Union Council or the District Panchayat, as the case may be, till such President and members of the Village Panchayat continue to hold office as such President and members under this sub- section; (b) all the employees, other than the provincialised employees, of the Town Panchayat immediately before its constitution as Village Panchayat shall be the employees of such Village Panchayat under this Act. The provincialised employees shall continue to serve under the Village Panchayat and they shall be transferred by the Director of Town Panchayats within three months from the date on which such Village Panchayat is constituted under this Act. (2) Subject to the provisions of sub-section (1), the provisions of this Act and the Rules made thereunder shall apply to the Village Panchayat referred to in sub-section (1).] 1 The words “with a population estimated at not less than five hundred” were omitted by the Tamil Nadu Act 17 of 2006 w.e.f. 14.7.2006.

Section 4 – The Tamil Nadu Panchayats Act,1994 | DailyLaw.ai