TAMIL NADU PANCHAYAT ACT 1994

Decentralization of governance and power distribution is a fundamental principle of

democracy, aimed at ensuring efficient administration and law enforcement. This concept
laid the foundation for India’s local self-governance system, fostering community
participation in policy implementation and decision-making. In line with this vision, Tamil
Nadu enacted the Tamil Nadu Panchayat Act, 1994 (hereinafter referred to as "the Act"),
marking a significant milestone in institutionalizing local self-governance within the state.

The Act was introduced with the primary objective of empowering grassroots
communities and local populations to sustain themselves through participative
democracy, thereby enhancing governance efficiency. Its implementation significantly
influenced Tamil Nadu's administrative framework. The preamble of the Act offers a clear
perspective on its purpose and underlying principles, emphasizing democratic values and
the importance of citizen participation in governance. It underscores how local self-
governance bodies facilitate the decentralization of power and contribute to community
development. Furthermore, it highlights the critical need for involving marginalized
communities in decision-making processes, fostering an inclusive and equitable
governance structure.

EVOLUTION OF THE PANCHAYAT SYSTEM IN TAMIL NADU

The panchayat system in Tamil Nadu has undergone significant transformations since its
inception. This evolution is characterized by legislative amendments, progressive
changes, and adaptations to societal transformations, ultimately fostering healthy local
self-governance.

PRE-INDEPENDENCE ERA (COLONIAL PERIOD)

 Local governance in villages and rural areas was managed by primitive village
councils.

 These councils were led by local administrators and influential village individuals.

 The structures were informal but reflected the ideology of self-governance through
customary community practices.

 Primary focus areas included conflict resolution and addressing local problems.

 Despite success, issues arose due to the lack of structure, binding force, and
formal recognition, leading to power imbalances.

POST-INDEPENDENCE ERA

 Following India's independence, leaders emphasized decentralization of power

and promotion of local self-governance.

 Gandhian principles, which advocated for decentralization, welfarism, self-

reliance, public solidarity, self-governance, and equality, influenced the
constitution of self-governing institutions.
  To promote national policies, Gandhian philosophies, and democratic spirit, Tamil
Nadu initiated efforts to establish a legally recognized formal panchayati raj
system.

 The Madras Village Panchayats Act, 1950, was a significant step towards
recognizing the spirit of local self-government.

DEVELOPMENTS IN TAMIL NADU PANCHAYAT ACT

 Over the decades, significant changes and progress were made through legal
reforms, focusing on improving the panchayat system.

 The Tamil Nadu Panchayats Act, 1958, introduced structural reforms, creating a
tier-based governance system at the village, municipality, and district levels.

 The 73rd Constitutional Amendment Act, 1992, was a landmark legislation that
created the basis for the first formal three-tier Panchayat system, emphasizing
local autonomy and community-based participatory democracy.

 The Tamil Nadu Panchayat Act, 1994, furthered the constitutional ethos and
values, enabling the government to fulfill its obligation towards decentralization of
governance.

RECENT DEVELOPMENTS AND CHALLENGES

 In recent years, the Tamil Nadu government has made efforts to strengthen the
panchayat system, including reviewing the implementation of the Act, capacity-
building measures, and addressing challenges.

 Despite progress, obstacles persist, including administrative capacity, resource

allocation, and political dynamics.

 The evolving governance landscape presents opportunities for incorporating

modern technology and digitalization into local governance institutions.

OBJECTIVE AND APPLICABILITY OF THE TAMIL NADU PANCHAYAT ACT

1994
The Tamil Nadu Panchayat Act, 1994, is a comprehensive legislation aimed at
decentralizing democracy and strengthening local self-governance in Tamil Nadu. The
Act's primary objective is to establish a three-tier Panchayat Raj system, comprising
village panchayats, panchayat unions, and district panchayats ¹.

The Act's applicability extends throughout Tamil Nadu, except for certain areas such as
the cities of Chennai, Madurai, and Coimbatore, as well as municipalities, town
panchayats, and industrial townships ². The Act governs the creation, powers, and
functions of panchayat bodies, ensuring that decision-making authority is vested in the
people.

KEY ASPECTS OF THE ACT INCLUDE

  Decentralization of Power: The Act distributes powers and functions among the
three tiers of panchayats, enabling local communities to make decisions on
development projects and initiatives.

 Representation and Inclusion: The Act provides for representation from

marginalized sections of society, including Scheduled Castes, Scheduled Tribes,
and women, ensuring an intersectional decision-making process.

 Establishment of Authorities: The Act creates various authorities, including the

president, vice-president, chairperson, and vice-chairperson, to oversee the
implementation of schemes and duties assigned to each tier.

IMPORTANT DEFINITIONS OUTLINED IN THE ACT INCLUDE

 Panchayat: Refers to the three tiers of panchayat bodies formed under the Act.

 Village Panchayat: Responsible for a particular revenue village or group of

contiguous revenue villages.

 Panchayat Union: A body of self-governance comprising a group of village

panchayats within specified jurisdictional limits.

 District Panchayat: Constitutes a panchayat for each panchayat district in Tamil

Nadu.

 Gram Sabha: A group of people registered in the electoral roll of a village that
constitutes a village panchayat.

OVERVIEW OF KEY PROVISIONS IN THE TAMIL NADU PANCHAYAT ACT

1994
The Tamil Nadu Panchayat Act is a comprehensive legislation that has played a crucial
role in shaping the landscape of decentralized governance in Tamil Nadu. The Act
establishes a three-tier system of governance, consisting of village panchayats,
panchayat union councils, and district panchayats.

PANCHAYATI STRUCTURES

The Act provides for the creation of various panchayati structures, including:

 Gram Sabha: A gram sabha is a body consisting of persons registered in the

electoral rolls of a village panchayat. The gram sabha is responsible for creating a
village plan, approving the plan, and dealing with budgeting aspects of village
governance and administration.

 Village Panchayat: A village panchayat is a body constituted for a revenue

village or a group of contiguous revenue villages.

 Panchayat Union Council: A panchayat union council is a body constituted for a

group of village panchayats within specified jurisdictional limits.
  District Panchayat: A district panchayat is a body constituted for a district or a
portion of a municipality, town, or industrial township.

CONSTITUTION OF PANCHAYATS

The Act provides for the constitution of panchayats through direct election. The
constitution of panchayats includes:

 Formation of Panchayat Villages: The Inspector declares a specific local area

as a "Panchayat Village" for the administration and delineation of territoriality.

 Strength of Village Panchayat: The Inspector specifies the number of members

of a village panchayat based on the population of the villages constituting the
panchayat.

 Duration of Village Panchayat: Every village panchayat has a tenure of five

years from the date of the first meeting post-election, unless dissolved.

 Election of Village Panchayat Members: The Act prescribes the process of

election for members of village panchayats.

 Reservation of Seats: The Act provides for the reservation of seats for women
and people from Scheduled Castes and Scheduled Tribes in village panchayats.

PANCHAYAT UNION COUNCILS

The Act provides for the formation of panchayat union councils, which include:

 Formation of Panchayat Union Council: The state government notifies a

particular area as a development block to implement the national extension
service scheme or community development projects.

 Term and Tenure: The panchayat union council has elected members for a
duration of five years, unless dissolved.

 Election of Members: Members of panchayat union councils are elected from

wards constituting the panchayat union.

 Reservation of Seats: The Act provides for the reservation of seats for women
and people from Scheduled Castes and Scheduled Tribes in panchayat union
councils.

DISTRICT PANCHAYATS

The Act provides for the formation of district panchayats, which include:

 Formation of District Panchayat: The government notifies a district panchayat

for the administration of a particular district or portions of a municipality, town, or
industrial township.

 Constitution of District Panchayat: The district panchayat consists of elected

members, members of the House of People, members of the state legislative
 assembly, and members of the Council of States registered as electors within the
district.

 Election: Members of district panchayats are elected from wards forming the
district panchayat.

 Reservation of Seats: The Act provides for the reservation of seats for women
and people from Scheduled Castes and Scheduled Tribes in district panchayats.

QUALIFICATION AND DISQUALIFICATION OF MEMBERS

The Tamil Nadu Panchayat Act, 1994, outlines specific qualifications and disqualifications
for members and presidents of panchayats. These provisions ensure that only eligible
individuals hold public office.

Qualifications for Membership

 Age and Electoral Roll: A candidate must be at least 21 years old and have
their name present in the electoral roll of the panchayat to be qualified to contest
elections (Section 33).

Disqualifications for Membership

 Government Officers and Servants: Government servants, village

administrative officers, or village servants are disqualified from contesting
elections (Section 34).

 Conviction in Election-Related Offences: Individuals convicted of election-

related offences are disqualified for six years from the date of conviction (Section
35).

 Unsound Mind and Age: Persons declared of unsound mind, under 21 years old,
or not present in the electoral roll are disqualified from being voters (Section 36).

 Conviction in Specified Offences: Conviction in offences like promoting enmity

between different religious groups, bribery, and cruelty towards women leads to
disqualification (Section 37).

 Membership in State or National Legislature: Members of state legislative

assemblies or either house of parliament are disqualified from holding positions in
panchayats (Section 38A).

PRESIDENT AND VICE PRESIDENT OF VILLAGE PANCHAYATS

 Election of President: The president is elected from the electoral roll of the
village, with the election happening simultaneously with the election of panchayat
members (Section 43).

 Election of Vice President: The vice president is elected from among the
elected members of the village panchayat (Section 44).
  Functions of the President: The president convenes meetings, has access to
records, implements schemes, and serves as the liaison between the panchayat
and the government (Section 46).

CHAIRMAN AND VICE CHAIRMAN OF PANCHAYAT UNION COUNCIL AND

DISTRICT PANCHAYAT
 Election: Chairmen and vice chairmen are elected from among the elected
members of the panchayat union council and district panchayat, respectively
(Sections 50 and 56).

 Functions: They convene meetings, discharge duties, and serve as points of

correspondence with the government (Sections 52).

MEMBERS' RIGHTS AND EXECUTIVE AUTHORITY

 Members' Rights: Members can seek attention towards negligence, provide
suggestions, move resolutions, and access panchayat records (Section 81).

 Executive Authority: The government appoints executive authorities,

commissioners, and secretaries to panchayats, who implement resolutions, attend
meetings, and control officers and servants (Sections 83-85 and 87-88).

PROCEDURE OF PANCHAYATS
 Meetings: Meetings are presided over by presidents or chairmen, with decisions
made on discussed matters (Section 89).

 Frequency of Meetings: Panchayats must meet at specific times and places,

with no more than 60 days between meetings (Section 90).

 Conflict of Interest: Members with conflicts of interest are prohibited from

discussing or voting on related matters (Section 91).

 Minutes of Meetings: Minutes must be recorded, provided to members within

48 hours, and submitted to the inspector within three days (Section 92).

THE THREE TIERS OF PANCHAYAT SYSTEM IN TAMIL NADU

The Tamil Nadu Panchayat System is divided into three tiers of administration: village
panchayats, panchayat unions, and district panchayats. Each tier has distinct powers and
functions, ensuring efficient governance and development at the grassroots level.

VILLAGE PANCHAYATS

 Constitution: One village panchayat is formed for each revenue village or a

group of revenue villages.

 Composition: Elected representatives, including a president and ward members,

comprise the village panchayat.

 Functions: Village panchayats are responsible for regional planning, economic

growth, social justice, and local governance.
PANCHAYAT UNIONS

 Constitution: Panchayat unions consist of multiple village panchayats within a

specified jurisdictional limit.

 Composition: Elected representatives, including a chairperson and ward

members, comprise the panchayat union.

 Functions: Panchayat unions focus on planning and coordinating development

initiatives, rural progress, poverty eradication, and maintaining infrastructure.

DISTRICT PANCHAYATS

 Constitution: Each revenue district has a district panchayat.

 Composition: Elected representatives, including a chairperson and members

representing each constituency, comprise the district panchayat.

 Functions: District panchayats are responsible for district-wide planning,

supervision, approving schemes, and fiscal oversight.

ADDITIONAL POWERS AND FUNCTIONS

 Financial Independence: Each tier of governance has financial autonomy, with

the power to levy taxes and collect revenue.

 Committees and Councils: Panchayats form committees, such as standing

committees and district planning committees, to facilitate decision-making and
development.

 Development Initiatives: Panchayat development planning committees and

development authorities create and supervise plans for economic growth, social
welfare, and public development initiatives.

STATUTORY POWERS AND FUNCTIONS OF THE THREE TIERS OF

PANCHAYATS
The Tamil Nadu Panchayat Act, 1994, defines the statutory powers and functions of the
three tiers of the panchayat system. These provisions aim to ensure effective governance
and local development at the grassroots level.

VILLAGE PANCHAYAT

1. Mandatory Duties (Section 110): Village Panchayats are required to provide

essential services within the limits of their funds, including:

o Construction, repair, and maintenance of village roads.

o Lighting of public places.

o Drainage construction and street cleaning.

o Maintenance of public toilets, burial grounds, and public wells.

 2. Discretionary Powers (Section 111): Village Panchayats can provide for
various services, such as:

o Planting and preserving trees.

o Establishing public markets, reading rooms, and literacy centres.

o Managing fairs, festivals, public slaughterhouses, and landing places.

3. Management of Forests (Section 120): Village Panchayats are responsible for

unreserved forests vested under the Act for the benefit of the village.

4. Custody of Communal Property (Section 132): Village Panchayats manage

communal property and income from the revenue village for the welfare of the
local community.

PANCHAYAT UNION COUNCIL

1. Duties (Section 112): Panchayat Union Councils are responsible for:

o Construction and maintenance of public roads and waterworks.

o Establishing dispensaries, child welfare centres, and elementary schools.

o Providing veterinary relief and epidemic prevention measures.

o Promoting agriculture and cottage industries.

2. Development Schemes (Section 113): Entrusted with implementing the

National Extension Service Scheme for regional community development.

3. Additional Functions (Section 123): The government may assign additional

functions through notifications.

FINANCIAL PROVISIONS
1. Panchayat Union Fund and Village Panchayat Fund (Section 185):
Each Panchayat Union and Village Panchayat must maintain dedicated funds for
their operations:

o Panchayat Union General Fund: Includes receipts from local cess,

entertainment tax, license fees, and fees from markets and other facilities.

o Panchayat Union Education Fund: Comprises local education grants,

fines, penalties, and endowment income for elementary education.

o Village Panchayat Fund: Includes house tax, professional tax, local cess,
entertainment tax, and income from fisheries and temporary occupations.

CHALLENGES AND RECOMMENDATIONS FOR IMPLEMENTATION

The successful implementation of the Tamil Nadu Panchayat Act, 1994, depends on
overcoming the following challenges:
 1. Administrative and Financial Constraints:

o Lack of adequate funding for developmental projects.

o Limited capacity for managing resources and executing functions.

2. Capacity Building:

o Training programs for local representatives and officials to enhance

governance skills.

3. Digital Transformation:

o Adoption of e-governance to improve transparency, accountability, and

efficiency.

4. Community Engagement:

o Ensuring greater participation from marginalized groups, including

Scheduled Castes, Scheduled Tribes, and women.

Addressing these challenges through targeted reforms and capacity-building measures

can strengthen the panchayat system and ensure its success in promoting decentralized
governance.