The Tamil Nadu Panchayats Act, 1994
(Excerpts - water supply and sanitation provisions)
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TN PANCHAYATI RAJ ACT, 1994
CHAPTER VIII - FUNCTIONS, POWERS AND PROPERTY OF
VILLAGE PANCHAYATS, PANCHAYAT UNION COUNCILS
AND DISTRICT PANCHAYATS.
110. Duty of Village Panchayat to Provide for Certain Matters
Subject to the provisions of this Act and the rules made thereunder, it shall be the
duty of village panchayat, within the limits of its funds, to make reasonable
provision for carrying out the requirements of the panchayat village 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 (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 not
including sewage;
(d) the cleaning of streets, the removal of rubbish heaps, jungle growth and
prickly pear, the filling in of disused wells, insanitary ponds, pools, ditches pits or
hollows and other improvements of the sanitary condition of the village;
(e) the provision of public latrines and arrangements to cleanse latrines whether
public or private;
(f) the opening and maintenance of burial and burning grounds;
(g) the sinking and repairing of wells, the excavation, repair and maintenance of
ponds or tanks and the construction and maintenance of water-works for the
supply of water for washing and bathing purposes; and
(h) such other duties as the Government may, by notification, impose.
115. Power of Panchayat Union Council to Provide for Certain Other 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 112, calculated to promote
the safety, health, comfort or convenience of the inhabitants of the panchayat
union:
Provided that nothing in this section shall apply to water supply for non irrigation
purposes and to sewerage.
116. Common Burial and Burning Grounds, etc.
Subject to the provisions of this Act and the rules made thereunder, two or more
village panchayats;
(i) may construct and maintain water-works for supply of water for washing and
bathing purposes from a common source and may also provide a common burial
and burning ground.
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121. Power of Government to Resume Possession of Unreserved Forest Vested in
Village Panchayat and Payment of Compensation, etc.
(I) If in the opinion of the Government any unreserved forest vested in a village
panchayat under section 120 is required for any public purpose, they may, by
notification, resume the possession and administration of such unreserved forest
and upon such resumption by the Government, all rights and interests created in or
over such unreserved forest before such resumption shall as against the
Government cease and determine.
(2) Whenever the possession and administration of such unreserved forest is
resumed by the Government under sub-section (I), there shall be paid to the
village panchayat concerned compensation for any improvement made by such
village panchayat in such unreserved forest, as determined in the manner
hereinafter provided by the Collector within whose jurisdiction such unreserved
forest is situate.
Explanation: For the purposes of this sub-section, 'improvement' means any work
or product of a work which adds to the value of the unreserved forest or is suitable
to it and consistent with the purpose for which it was vested in the village
panchayat and shall include the following works or the products of such works.
(a) the erection of buildings or any other structure, the construction of tanks,
wells, channels, dams and other works for the storage or supply of water for
agricultural or domestic purposes.
125. Vesting of Public Roads in Village Panchayat
(I) All public roads in any village (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 village panchayat together with all
payements, stones, and other materials thereof, all works, materials and other
things provided therefor, all drains, drainage works, tunnels and culverts whether
made at the cost of the village 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, drain, drainage work, tunnel or culvert and may also modify
or cancel such notification.
126. Vesting of Public Roads in Panchayat Union Councils
(I) All public roads in any panchayat union which are classified as panchayat
union roads shall vest in the panchayat union council together with all payements,
stones and other materials thereof, all works, materials and other things provided.
Therefore, all drains, drainage works, tunnels and culverts, whether made at the
cost of the panchayat union council or otherwise, in, alongside or under such
roads, and all works, materials and things appertaining thereto.
127. Duty of Village 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
subsection (2) of section 125 or sub-section (2) of section 126 and placed under
the control of the Highways Department of Government (hereinafter referred to as
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the Highways Department), the village 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 drains in, alongside or under
such road.
133. Maintenance of Irrigation Works, Execution of Kudimaramat, etc.
(1) Subject to such conditions and control as may be prescribed, the Government
may transfer to any village panchayat or to any panchayat union council the
protection and maintenance of any irrigation work, the management of turns of
irrigation, or the regulation of distribution of water from any irrigation work to the
fields depending on it.
(2) The village panchayat or the panchayat union council shall have power,
subject to such restrictions and control as may be prescribed, to execute
kudimaramat in respect of any irrigation source in the vilIage and to levy such fee
and on such basis for the purposes thereof as may be prescribed:
Provided that nothing contained in this section shall be deemed to relieve the
village community or any of its members of its or his liability under the Tamil
Nadu Compulsory Labour Act, 1858, in respect of any irrigation source in the
village in case the village panchayat makes default in executing the kudimaramat
in respect of that irrigation source.
(3) Where the maintenance of any irrigation work, is transferred under this
section, the fishery rights of Government in such work shalI be transferred to and
be vested in the village panchayat or the panchayat union council, as the case may
be, subject to such terms and conditions including terms and conditions regarding
the utilisation of the income, as may be specified by the Government.
144. Removal of Filth or Noxious Vegetation from Lands and Buildings
(I) The commissioner or executive authority may by notice require the owner or
occupier of any building or land which appears to him to be in a filthy or
unwholesome state or overgrown with any thick or noxious vegetation, trees or
undergrowth injurious to health or dangerous to the public or offensive to the
neighbourhood, or otherwise a source of nuisance, to clear, cleanse or otherwise
put the building or land in proper state or to clear away and remove such
vegetation, trees or under growth or to take such other action as may be deemed
by the commissioner or executive authority necessary to remove such nuisance
within such period and in such manner as may be specified in the notice.
(2) If it appears to the commissioner or executive authority necessary for sanitary
purposes so to do, he may by notice require the owner or occupier of any building
or land to cleanse or lime-wash the same in the manner and within a period to be
specified in the notice.
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CHAPTER Xl - GENERAL AND MISCELLANEOUS.
236. Public Roads, Markets, Wells, Tanks etc. to be Open to All
All roads, markets, wells, tanks, reservoirs and waterways vested in or maintained
by a panchayat shall be open to the use and enjoyment of all persons, irrespective
of their caste or creed.
CHAPTER XIII - MISCELLANEOUS.
257. Power, Authority and Responsibilities of Panchayats
Save as otherwise provided in this Act, the Government may, by notification and
subject to such conditions and restrictions as may be specified therein, entrust to a
panchayat or any other committee constituted under this Act with such powers and
responsibilities with respect to the preparation of plans for economic development
and social justice and also with such powers and authority as may be necessary to
enable them to carry out the responsibilities conferred upon them including those
in relation to the matters listed in Schedule-IV.
SCHEDULE-IV
3. Minor irrigation, water management and watershed development.
5. Fisheries.
11. Drinking water.
23. Health and sanitation, including hospitals, primary health centres and
dispensaries.
