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Under article 243Q of the 'Constitution of India', there shall be a Transitional Area (i.e) area in transition from rural to urban. Town Panchayat is notified as 'Transitional Area' in Tamil Nadu. As per the provisions contained in section 3-P of 'Tamil Nadu District Municipalities Act 1920', the Governor, having regard to the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he deems fit, classify and declare every local area, comprising a revenue village or villages or any portion of a revenue village or contigeous portions of two or more revenue villages and having population estimated not more that thirty thousand as Town Panchayat.

The authorities and their incorporation for carrying out the functions in Town Panchayat area.

To assist  the Head of Department  (i.e.) Director of Town Panchayats  at the state level and the Controlling Authority  at the District level (i.e.)  the District Collector,   Tamil Nadu State has been devided into 16 Zones,    comprising one or  more Districts.  Thiruvallur is one among  16 zones  having jurisdiction in only one  District (i.e.)  Thiruvallur.   There are 13 Town Panchayats in this zone as follows: -

Public Services Rendered by Town Panchayat

• Provision and Maintenance of drinking water supply
• Maintenance of Public Health and Sanitation
• Provision and Maintenance of Street Lights
• Provision and Maintenance of Roads and Culverts
• Controlling of endemic and epidemic diseases with the assistance of Public Health Department
• Birth and Death Registration
• Regulation of Dangerous and Offensive Trades
• Building Regulation
• Provision and Maintenance of Public Convenience
• Maintenance of Burial Grounds
• Erection and Maintenance of Parks and Play grounds
• Maintenance of Water bodies
• Erection and Maintenance of Bus Stand / Cart Stands / Shandies
• Regulation of Markets
• Implementation of Poverty alleviation Programs entrusted by the Government

Activities of the Department

Town Panchayats Department formulates and implements responsive programmes, services and activities to facilitate urban communities to bring about positive change and strengthen their social and economic fabrics. In this effort the department has very effectively used all the available resources, funds and grants that have been provided under various schemes by Government  of India, besides adding State Financial resources wherever needed, and funds and financial resources are ploughed into the developmental efforts of Town Panchayats for better delivery of cure amenities.

Objective and goal of Town Panchayat Department

• To ensure responsive, accountable, transparent and people-friendly civic administration

• To develop administration that takes the citizens into total confidence, in all the schemes implementation in Town Panchayats.

Functions of Town Panchayats

The Town Panchayats are responsible in delivery of the following civic services:

• Providing Basic Amenities  Roads, Street Lights, Water Supply, Public Health, Drainage

• Granting of Building Licenses

• Levying of Taxes   Property Tax, Vacant Land Tax, Profession Tax, Non-Tax, Water Charges

• Issuing Birth & Death Certificates

• Issuing Dangerous & Offensive Trade Licenses

• Implementation of State / Central Schemes

Sources of Revenue of Town Panchayats

The revenue of the Town Panchayats is derived from the sources as Property Tax, Professional Tax, License Fees, Rent & other charges such as Water charges, Surcharge on stamp duty, Devolution grants from the Govenment, Other miscellaneous incomes such as interest on deposits

The following Schemes are implemented in the Town Panchayats

Anaithu Peruratchi Anna Marumalarchi Thittam (APAMT)

The Scheme has been implemented in a Span of four years as detailed below

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Nabard RIDF Assistance Programme

Roads in Town Panchayats are being upgraded with the financial assistance from NABARD RDIF. The Programme has been implemented in the Town Panchayats as detailed below

Special Roads Programme 2010-2011

The Government in G.O. (Ms) No. 2010 Municipal Administration and Water Supply (TP2) Department dated 9-9-2010 has sanctioned, “Special Roads Programme 2010-11” for the improvement of roads in the Urban Local Bodies (ULBs) damaged by natural calamities or due to the implementation of infrastructure works such as laying of sewer lines for Under Ground Sewerage Scheme, and Water Supply Improvement Scheme during the last few years, and also the roads damaged due to natural calamities and the damaged roads which were laid more than five years ago etc. Under this scheme work progress is furnished below

12^th Finance Commission Grants

In respect of this scheme works have been taken up and completed as detailed below

13^th Finance Commission Grants

Part II Scheme

During the year 2008-2009 under this scheme One work is taken up and completed, to the tune of  Rs.20.00 Lakhs.

Jawaharlal Nehru National Urban Renewal Mission (JNNURM)

• “Reforms driven, fast track, planned development of identified cities with focus on efficiency in urban infrastructure/services delivery mechanism, community participation and accountability of Urban Local Bodies (ULBs)/Parastatals towards citizen” is the Mission statement of the scheme.
   

• This scheme is applicable to the Town Panchayats fall within Chennai Metropolitan Development Authority limits.
   

• The main thrust of the sub-Mission on Urban Infrastructure and Governance will be on major infrastructure projects relating to water supply including sanitation, sewerage, solid waste management, road network, urban transport and redevelopment of inner (old) city areas with a view to upgrading infrastructure therein, shifting industrial/commercial establishments to conforming areas, etc. Training Programme are being implemented.
   

• The Porur Town Panchayat Water Supply Scheme is nearing completion and Underground Sewage Scheme is under Process.  The Thirumazishai Town Panchayat Underground Sewage Scheme is Under Process.

Integrated Housing and Slum Development Programme (IHSDP) and Basic Services to Urban Poor (BSUP)

• The Government of India have merged the erstwhile National Slum Development Programme and Valmiki Ambedkar-Avas Yojana (VAMBAY) into a new scheme named “The integrated Housing and Slum Development Programme”. This programme extends financial assistance to upgrade the standards of the living conditions of the Urban Poor in the slum areas of Town Panchayats.
   

• IHSDP is being implemented in Arani Town Panchayat.
   

• BSUP is being implemented in Minjur Town Panchayat (CMDA Area)

Swarna Jayanthi Sagari Rozhar Yojana (SJSRY)

With a view to alleviate the poverty in urban areas by way of providing self employment as well as salaried employment opportunities to the urban poor. The above programme is implemented in all town panchayats. The Programme has got following five major components.

• Urban Self Employment Programme (USEP)
   

• Urban Women Self-Help Programme (UWSP)
   

• Urban Women Self-Help Programme (Revolving Fund)
   

• Skill training for employment promotion amongst urban poor (STEP-UP)
   

• Urban Community Development Network (UCDN)

Allocations have been made under this programme and have been utilized to provide self employment opportunities and wage employment to the urban poor and thereby achieve economic empowerment and also to create infrastructure and community structures in Town Panchayats as detailed below:

Community Based Environment Development scheme (CBED) & Local Body Assistance Programme Scheme (LAP)

Chennai Metropolitan Development Authority (CMDA) has initiated a program for the improvement of the environment and the improvement of Basic Amenities of 7 Town Panchayats within the CMDA area. The scheme is having the following objectives:

• To enable the participation of the community at the grass root level to identify and prioritize environment related issues affecting all sections of the community.
   

• To ensure full stakeholder participation including the elected representatives, to create a common platform for the community to work together to solve the local issues that will be unique to the respective areas, in the manner that is acceptable to all stakeholders.
   

• To ensure better maintenance and utilization of the assets created and to develop a spirit of ownership amidst  beneficiaries.
   

• To institutionalize the process
   

• To replicate & upscale the process

Under the above Schemes followings works were taken up and Completed

Compensation grant for Loss of Entertainment Tax to ULBs

Under this scheme, following works are taken up and completed.

 Operating and Maintenance Grant

Under this scheme, following works are taken up and completed.

Natural Calamity Relief Fund

Under this scheme, following works are taken up and completed.

SOLID WASTE MANAGEMENT IN TOWN  PANCHAYATS

Solid  Waste Management Programme is having implemented in all Town Panchayats.

WATER SUPPLY HOUSE SERVICE CONNECTIONS

As  per  the Tamil Nadu  Panchayat  Act, 1994, the Town Panchayat Executive Officer may at his discretion on application by the owner or by the occupier of  any  building arrange  to supply water through House Service  Connections.   If the  rental  value  of the property is  more  than  Rs.100/- and if supply  can be provided for a distribution main not  more  than 100  feet  distance  from  any  part  of  such  building,  it  is compulsory  on the part of the owner or occupier to take a  house service  connection.  The cost of making the connection  and  the cost or hire charges of water meters shall be borne by the  owner or applicant. 

Each Town Panchayat has framed a separate water  supply bye-law for adoption by the consumer incorporating various  terms and conditions.  The total number of house service  connections in a Town Panchayat area is restricted to the sanctioned capacity of water supply scheme in force in a Town Panchayat. 

Procedure  for application: 

The owner or occupier may  apply  for the  house  service  connection in  the  prescribed  form. The  application should be enclosed with the following documents.

• Application in the prescribed format 

• Line  sketch  and estimate indicating the  distribution  main location of  the house,  including the tap point and water metre. 

• Chelan remitting the charges and deposits prescribed by the concerned Town Panchayat in the respective Office. 

• Property tax receipt for the preceding half year. 

• Agreement  duly  signed  (Agreement format available in  the application.)         

LICENSE FOR BUILDING PLAN

Procedure: If an applicant has an approved plot within Town Panchayat limit he can apply for licence for construction of building from the Town Panchayat.  The application for  licences shall be in the form  as in Annexure III or IV whichever is applicable. The   application should  accompany the following documents.

• Site Plan

• Building Plan with section and elevation with foundation, door, window, septic tank etc., details indicated  in the plan.

• Plan showing the disposal of waste. 

• Copy of document for ownership of land. 

• Copy of estimate

            - To  assist  the applicant in the  preparation  of  plan according  to  specifications, the Town  Panchayat  has  licensed private  building surveyors who
               are qualified for preparation  of plans and estimates on payment of charges.
 

            - The  application may also be submitted by a person  who has a registered power of attorney from the owner. 
 

Presentation: The  application  duly filled in and the  Plan  duly signed  shall  be presented at the Town  Panchayat  Office.   The licence  fees  payable as per schedule of rates notified  by  the concerned  Town  Panchayat shall be paid in  the  Town  Panchayat Office.   The  record  of  receipt of payment  will  be  made  in application  besides  giving  the  applicant,  the  receipt   for payment.
 

If the plot lies in a scheme , area development charges as  notified by the local authority have also to be paid.   Proof of  payment  as  the case may be, has to  be  enclosed  with  the application.   The licensed private building surveyor will  guide the applicant on these matters. After completion of these formalities, the  application shall   be   presented   in  the  Town   Panchayat   Office   and acknowledgement obtained. 
 

LICENSE FOR D & O TRADES AND LICENSE UNDER PREVENTION OF FOOD ADULTERATION ACT

STATUTORY PROVISION

Every person who wants to run anyone of the trades listed out in the  schedule V of section 249 of Tamil Nadu District Municipalities Act,  shall apply for license for the same in the form prescribed in Annexure-V.  A copy of the format is appended.  Any person who runs the trade with out a valid license from the Town Panchayat is liable to be prosecuted in a Court of Law.

PROCEDURE

An application  for license shall be sent to the Town Panchayat Office so as to reach 30 days before the commencement of the trade.  Wherever installation of machineries are involved, the permission obtained from the Town Panchayat for installing the machineries shall also be enclosed with the application for licence.  The consent of the owner of the premises in which the trade is proposed to be run shall be obtained .  In case of combustible and inflammable materials like, timber/firewood Depots, crackers, etc., N.O.C. from Fire Service Department shall be obtained.  The required fee, which is notified by each Town Panchayat shall also be paid along with the application. 

Application shall be presented in the Town Panchayat Office with the following documents

I) Application in the prescribed form duly filled in.

ii) Consent of the owner of the premises for running the trade.

iii) Permission obtained from the Town Panchayat for installation of machineries, if any, involved.

iv) Receipt for remitting the prescribed fee in Town Panchayat Office 

The application shall be presented before 30 days of the intended date of commencing the trade to the Town Panchayat office and acknowledgement obtained. 

FEE - Each Town Panchayat Council approves the rates of license fees for different trades.  Separate fee structure is prescribed for each trade.  The notification prescribing the rates is available in the Town Panchayat Office and this can be checked while getting the printed application form.

BIRTH AND DEATH CERTIFICATE

STATUT0RY PROVISION:

Computerised Birth/Death Certificates are being issued in all the 561 Town Panchayats.

Every  birth  shall be registered within 14 days  and  every death shall be registered within 7 days with the Town Panchayat. Any person who wants to register a birth or a death shall  inform the  Town Panchayat Office in  the form prescribed  in Annexure-V along with  a certificate from the person or Medical Institution, who conducted delivery in the case of birth and from the  Medical Officer who treated the patient in the case of death. Beyond the prescribed time limit, if a registration is done , it is accepted with a payment of penalty up to a period  of one  year.  If a registration is to be done beyond a  period  of one year, it will be registered only on receipt of Judicial  order from a Magistrate and with penalty. 

EXTRACT FROM BIRTH/DEATH REGISTER 

On registration one copy of an extract of  Birth/Death Register  will  be  given  to the party,  free  of  cost.   If  a certificate  of  Birth/Death  is required at a  later  date  from the Town Panchayat, an application in the prescribed  format (Copy of  format  enclosed  in  Appendix)  furnishing  the  information required  in  the format like name of the child,  father's  name, mother's  name,  date and place of birth, etc., in  the  case  of birth  certificate  and name of the person,  father's  /husband's name,  date  and  place  of death, etc., in  the  case  of  Death Certificate shall be furnished.

PRESENTATION:  The application shall be presented in the Town Panchayat office and acknowledgement obtained.

FEES:  Along with the application, the following fee shall  be remitted in Town Panchayat Office.

       Item                                                   Fee

Birth & Death Certificate                   ...     Rs.25.00 per copy **

If date of birth/death is not
known or unspecified, Search
Fee for every year.                           ...     Rs.25.00 per copy **

Belated Birth and Death
Registration                    

     a) Below one month                    ...     without penalty

     b) Above one month & below
         one year                                ...     Rs.25.00 per copy **

     c) Above one year with the
         order of Magistrate                  ...    Rs.50.00

 A  Court  fee stamp of Rs.2/- shall be fixed in  the  application  form.

**  Conditions apply

TIME CEILING:  An  extract  of Birth/Death Register will be  given  to  the applicant, who has furnished full information within 3 days

Property Tax

The state list in the VII schedule of the Indian Constitution provides for the levy of property tax. The tax is designated as “Taxes on lands and buildings”. In the Government of India Act of 1935 the parallel entry was “Taxes on lands, buildings, berths and windows”.  Property tax is by far the main stay of Municipal finance in the State. This tax possesses the essential characteristics of a good tax.

LEVY OF TAX - In any system  of taxation three stages are attendant  on the imposition of any tax.  They are

• Levy or declaration of liability

• Assessment

• Collection

First is a legislative function, the second is quasi-judicial and the last an executive function. Wide publicity has to be given to the intention to impose the tax.  The views of the persons to be taxed require to be ascertained.  There views are to be considered by the authority imposing the tax.  These processes must come to a imposed. This is the common procedure for imposition of taxes.

When a local authority resolves to levy Property tax, the council or the authority has to pass a resolution to levy, the council or the authority has to pass a resolution determining to levy the tax and the resolution should also specify the rate at which and the date from which the tax shall be levied.  But before passing a resolution imposing a tax for the first time or increasing the rate of an existing tax, the council shall publish a notice declaring its intention.