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CHAPTER - II

HISTORY AND ADMINISTRATION OF GOVERNMENT

OF TAMIL NADU

2.1 State Legislature – Origin and Evolution

The genesis of the legislature in India can be traced back to the eighteenth

century, when the present Tamil Nadu was a residuary part of the erstwhile Madras

Presidency. The said presidency comprised the present Tamil Nadu and some parts

of the present states of Orissa, Kerala, Karnataka and present Andhra Pradesh

excluding the former native of Nizam. Besides, Madras Presidency, there were two

other presidencies, viz., presidency of Bombay and presidency of Calcutta. A

Governor was in charge of each presidency and they were independent of each other.

In 1773, the British Parliament enacted The Regulating Act, 1773, whereby the

Governor of Bengal was designated as the Governor General and made the supreme

head of all the presidencies. At about the same time, the legislative power in the

presidencies was also recognised. (http://www.assembly.tn.gov.in/history/history.htm)

2.1.1 The Charter Act 1833, provided for the addition of a fourth member to the

Governor-General in council for the sole purpose of legislation, and concentrated all

the legislative powers in the Governor-General –In Council. It deprived the local

government of their power of independent legislation. The Presidency Governments

were authorised merely to submit drafts or projects of any laws or regulations

deemed expedient or necessary to the Governor General in Council.

2.1.2 The Charter Act 1853, which marked the next stage in the evolution of the

legislatures, made the law member of the Governor – In- Council a full member and

enlarged the Governor-General’s council for legislative purposes by the addition of

the Chief Justice of Bengal, one other supreme court judge and one paid
 28
 

representative of each Presidency or Governor’s Province. In all, the Governor-

General-in Council consisted of 12 members. This enlarged council paved the way

for establishing the first Legislative body in India. From 1833 to 1861, the Governor

General in Council was the sole administrative as well as the Legislative authority.

2.1.3 The Indian Councils Act 1861 constituted a great landmark in the growth and

development of the Legislatures. The Act for the first time associated with the

Governor-General’s Executive Council and the Executive Councils of Madras and

Bombay, a small number of additional members half of them being non-officials and

provided for the addition of not less than six and not more than 12 nominated

members to the Governor-General’s Council. The functions of the new Legislative

Council were limited wholly to legislation and this act restored the legislative power

taken away by the Charter of 1833. The Legislative Council of the Madras

Presidency was given the power to make laws for “peace and good government”.

The Council of the Governor of Madras was enlarged for the legislative purposes by

the addition of the Advocate – General and four to eight adhoc members of whom at

least half were to be non-officials nominated by the Governor for a period of two

years. The Act thus sowed the seed for the future Legislative as an independent

entity separate from the Executive Council. The Provincial Legislative Councils

established were mere advisory bodies by means of which Government obtained

advice and assistance. The Provincial Legislative Council could not interfere with

the laws passed by the Central legislature.

2.1.4 The Indian Councils Act of 1892 was passed by which the number of

additional members of the Central Legislature was raised to a maximum of 16 and

the number of additional members of the Madras Legislative Council was raised to a

maximum of 20, of which not more than nine had to be officials. Non-official
 29
 

members were recommended by the district boards, universities, municipalities and

other associations.

2.1.5 The Government of India Act 1919, which embodied the Montagu-

Chelmsford reforms is but the natural and inevitable sequel to the long chapter of

previous parliamentary legislation on the introduction of Representative Government

in India with Legislatures composed of elected representatives of the people.

Although this Act brought about representative Government in India, the

Governor was empowered with overriding powers. If he considered that any Bill,

which was to be introduced or already introduced, would endanger the security or

disturb peace and tranquillity in any part of the province he could reject the bill.

Similarly, if the members of the Legislative Council decided to reject a bill relating

to the reserved subjects or the recommendations of the Governor, the Governor

could certify that such a bill was very essential for the functioning of the

Government and then the Bill was deemed to have obtained the sanction of the

Legislative Council. (http://www.assembly.tn.gov.in/history/history.htm)

2.1.6 The Madras Legislative Council

The Madras Legislative Council was set up in 1921 under the Government of

India Act 1919. The term of the Council was for a period of three years. It consisted

of 132 members of which 34 were nominated by the Governor and the rest were

elected. It met for the first time on 9th January 1921 at Fort St. George, Madras. The

Council was inaugurated by the Duke of Connaught, a paternal uncle of the King of

England, on 12th January 1921 based on the request made by Governor Lord

Wellington. The Governor addressed the Council on 14th February 1921. The

Second and Third Councils, under this Act were constituted after the general

elections held.
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2.1.7 Bi-Cameral Legislature

The Government of India Act 1935 marked the next great stride in the

evolution of the legislatures. The Act provided for an All-India Federation and the

constituent units of the Federation were to be the Governor’s Provinces and the

Indian States. The accession of the

State to the Federation was optional. The Federal Legislature was to consist of two

Houses of Assembly called the Federal Assembly and the Council of States. The

Federal Assembly was to consist of 375 members, 125 being representatives of the

Indian States, nominated by the Rulers. The representatives of the Governor’s

provinces were to be elected not directly by the Provincial Assemblies. The term of

the Assembly was fixed as five years. The Council of State was to be a permanent

body not subject to dissolution, but one-third of the members should retire every

three years. Although, the Government of India Act was passed in 1935, only that

part relating to the Provinces came into operation in 1937. The first Madras

Legislative Assembly under this Act was constituted in July 1937 after general

elections.

2.1.8 The Indian Independence Act 1947, constituted the culmination of the origin

and growth of the Indian Legislatures from modest expansions of the Executive

Councils of the Governor-General and the Governors in the Provinces into separate

sovereign legislative bodies. The Act created two independent Dominions in India

known respectively as India and Pakistan. The paramount of the British Crown

lapsed and the power of the British Parliament to legislate for India ceased. The

Federal Legislature of India became sovereign and the power of the Legislature

became exercisable by the Constituent Assembly which was not subject to any

limitation whatsoever. Until the new Constitution was framed, the Government of
 31
 

India Act of 1935, subject to certain adaptations and modifications, remained the

Constitutional Law of India. The Constitution of India came into force with effect

from 26th January 1950 and the existing legislature was allowed to function as

provincial Legislatures.

2.2. A brief introduction about government of Tamil Nadu administration

The Governor of Tamil Nadu is the constitutional head of the state whereas

the Chief Minister of the state heads the government and also the council of

ministers. Tamil Nadu has a population of 7,21,38, 958 as per census 2011 and

covers an area of 1,30, 058 km. The state is divided for administrative purpose into

32 districts, 76 revenue divisions, 220 taluks, 10 municipal corporations, 148

municipalities, 385 Panchayat unions, 561 town Panchayat and 12, 524 village

Panchayat. The state government departments are controlled by 33 ministries headed

by a separate minister for each ministry. At district level District Collectors head all

the departments of the state Government. The list of ministries and the department

controlled by them are given below in table - 2.1.

Table 2.1 Ministries and Departments in Govt of Tamil Nadu

Portfolio Departments

Public, Indian Administrative Service, Indian

Police Service, Indian Forest Service, General
Chief Minister Administration, District Revenue Officers,
Police, Home Finance, Planning, Legislative
Assembly, Elections and Passports

Revenue, District Revenue Establishment,

Deputy Collectors, Weights and Measures,
Revenue
Debt Relief including legislation on Money
lending, Chits, Registration of Companies

Electricity and Electricity, Non-Conventional Energy

 32
 

Prohibition and Development, Prohibition and Excise,

Excise Molasses

Municipal Administration, Rural

Municipal
Development, Panchayat and Panchayat
Administration
Unions, Poverty Alleviation Programmes,
and Rural
Rural Indebtedness, Urban and Rural Water
Development
Supply

Housing, Rural Housing and Housing

Housing and Development, Slum Clearance Board and
Urban Accommodation Control, Town Planning,
Development Urban Development and Chennai
Metropolitan Development Authority

Rural Industries including Cottage Industries

Rural Industries
and Small Industries

Social Welfare including Women's and

Children's Welfare, Orphanages and
Social Welfare
Correctional Administration, Integrated Child
and Nutritious
Development and Beggar Homes, Welfare of
Noon Meal
the Differently- abled and Social Reforms and
Nutritious Noon Meal Programme

Higher Education including Technical

Higher Education Education, Electronics, Science and
Technology

Agriculture, Agricultural Engineering, Agro

Service Cooperatives, Horticulture,
Agriculture
Sugarcane Cess, Sugarcane Development and
Waste Land Development

Cooperation, Statistics and Ex-Servicemen

Cooperation
Welfare

Forests Forests and Cinchona

Highways & Highways and Minor Ports

 33
 

Minor Ports

Food, Civil Supplies, Consumer Protection

Food
and Price Control

Milk and Dairy

Milk and Dairy Development
Development

Environment Environment and Pollution Control

Public Works, Irrigation including Minor

Public Works
Irrigation, Programme Works

Animal
Animal Husbandry
Husbandry

Industries, Steel Control, Mines and

Industries
Minerals, and Special Initiatives

Handlooms and
Handlooms and Textiles
Textiles

Khadi and Khadi and Village Industries Board,

Village Industries Bhoothan and Gramadhan

Tourism Tourism, Tourism Development Corporation

Commercial
Commercial Taxes and Registration and
Taxes and
Stamp Act
Registration

Adi Dravidar and Adi Dravidar Welfare, Hill Tribes and

Tribal Welfare Bonded Labour

Transport, Nationalised Transport, Motor

Transport
Vehicles Act

Fisheries and Fisheries Development

Fisheries
Corporation

School Education School Education and Archaeology, Sports

and Sports and and Youth Welfare, Tamil Official Language
Youth Welfare, and Tamil Culture, Law, Courts and Prisons,
Law, Courts and Personnel and Administrative Reforms and
 34
 

Prisons Prevention of Corruption

Information
Information Technology
Technology

Information and Publicity, Film Technology

Information, and Cinematograph Act, Stationery and
Special Printing and Government Press,
Programme Implementation of Special Programmes
Implementation including implementation of the Election
manifesto

Labour, Population, Employment and

Labour Training, Newsprint Control, Census and
Urban and Rural Employment

Health, Medical Education and Family

Health
Welfare

Backward Backward Classes, Most Backward Classes

Classes and and De notified Communities, Overseas
Minorities Indians, Refugees & Evacuees, Minorities
Welfare Welfare

Hindu Religious and Charitable Endowments

HR & CE
(HR & CE)
Source: www.tn.gov.in

2.3 Revenue Department – An executive arm of the government

Among the various departments in Tamil Nadu government, revenue

department has the legacy and pride of being the oldest department and parent
department to all other departments in the administrative area. It plays a vital
role in orderly social development and growth. Revenue department is one of the
first and foremost departments reaching out to the public when the people suffer
during natural disasters like cyclone, flood, tsunami and drought. This department
enjoys a state wide network which helps the government to implement many welfare
schemes through this department. The prime functions of the Revenue Department
are classified as follows:
 35
 

2.3.1 Revenue functions

The levy and collection of land revenue, cess, lease rent and execution of

revenue recovery act is the primary function.

2.3.2 Magisterial functions

It is related to execution of the law and order as required in any area, for its

management and is in - charge for the issue of licenses under various Acts.

2.3.3 Socio Developmental functions

The social functions consist of primarily “issue of various certificates,

sanction of pension for old age people, physically handicapped, destitute widows,

deserted wives and destitute agricultural labourers, implementation of family distress

relief scheme and accident relief scheme”. This department is also responsible for

the maintenance of government lands and responsible for transfer of lands for other

purposes for the development of the state.

2.3.4 Disaster Management functions

It is the ultimate duty of the revenue department to prepare and provide

precautions to the public at times of natural calamities such as “drought, cyclone,

flood etc” and undertakes all remedial actions for the same. It assumes the

responsibility of placing the people in a safe place when they are in trouble and

provide them the basic amenities like food, water, shelter and other assistances.

2.3.5 Election related functions

At the time of conducting parliamentary state elections to various legislative

assembly, the local bodies major work of electoral rolls preparation was carried out

by this department through the power of district collectors under the supervision of

commissioner of revenue department or any other people specially assigned for the

same. They are assisted by various officers such as “district revenue officers, deputy
 36
 

collectors, tahsildars, revenue inspectors, village administrative officers and village

assistants”. Under the headship of secretary to government, the functions of revenue

department are supervised by joint secretary, additional secretary, and other staff

members.

2.3.6 Profile of the Revenue Department

The Revenue Department Functions with the following broad objectives

The department is responsible for carrying out all the functions with the help
of clear cut objectives such as “providing efficient delivery of services of various
government schemes to the people of Tamil Nadu, providing relief and
implementing rehabilitation measures for those affected by natural calamities,
functioning as the custodian of government lands and ensuring proper maintenance
of land records for the state, implementation of land reforms and providing land to
the needy and eligible persons”.
In order to carry out the above mentioned objectives, the following offices
are functioning under the department:“Commissioner of Revenue Administration,
Disaster Management and Mitigation, Commissioner of Land Administration,
Commissioner of Land Reforms, Commissioner of Survey and Settlement and
Directorate of Urban Land Ceiling and Land Tax”.
Various functions of the department are carried out through the district

collector, district revenue officer, revenue divisional officer at district level and

special commissioner of revenue administration at state level. Revenue department

serves as the backbone of the entire administrative set up of the state. It has a wide

range of well reputed network throughout the state, from all the cities to the villages,

reaching every individual. Hence, most of the government based socio-economic

programmes are executed through this department. In the early years, the revenue

department was considered as the primary department which carried out various

wide range of functions, such as collection of revenue, administration of law and

 37
 

order, conducting election etc, The revenue department, due to its well-built

administrative setup, plays an essential role at the time of natural calamities like

floods, cyclone, earth quake, drought, Tsunami, landslide etc., besides the role of

administration of land. At the state level, the activities are done by “various heads of

department, namely, commissioner of revenue administration, commissioner of land

administration, commissioner of land reforms, commissioner of survey and

settlement and commissioner of urban land ceiling and urban land tax”. At the

district level, with the efficient leadership of the district collector, revenue functions

are discharged by various functionaries including “district revenue officers, revenue

divisional officers, tahsildars, deputy tahsildars, revenue inspectors and village

administrative officers”.

The revenue administration department headed by additional chief

secretary/commissioner of revenue administration is responsible for the

implementation of social security measure and disaster management including relief

and restoration during natural calamities, issue of community certificates,

preparation of national population register and distribution of freebies like sarees and

dhoties, fan, mixie, laptop, cycle and grinder also”. The land administration

department headed by the principal secretary/ commissioner of land administration is

performing the duties of “land acquisition, alienation, assignment of lands and house

site pattas, maintenance of survey and land records and distribution of land pattas”.

The land reform department headed by the principal secretary/ commissioner of land

reforms is providing services to agrarian reforms such as “agricultural land ceiling,

assignment of surplus lands for agricultural purposes and (Chief Minister’s)

“Uzhavar padhukaapu scheme”. The urban land ceiling and urban land tax

department is headed by the commissioner of urban land ceiling and urban land tax”.
 38
 

The survey and land records department headed by the principal secretary/

commissioner of survey and settlement is discharging the duties of “survey,

computerisation of land records, digitalisation of field measurement, global

positioning system and updating of land records” etc., At the district level, collectors

and district revenue officers, tahsildars, sub inspectors of survey, revenue inspectors,

village administrative officers and village assistants discharge these duties.

2.3.7 Revenue Administration- an overview

The administration is taking care of revenue administration at the district

level which normally plays an important role. This department, “besides looking

after the issue of various certificates, implementation of social security schemes and

public welfare schemes is also responsible for relief and restoration measures during

natural calamities”. There are “32 districts, 77 revenue divisions, 229 taluks, 1136

firkas and 16671 revenue villages in Tamil Nadu state”. In addition to this, it is

acting as a parent department to all other departments and concentrating on the

developmental activities of other departments. It is offering frontline service to the

public in general.

2.3.8 Major services rendered by the Revenue Department:

The following services are rendered by the revenue department:

• Sanction of Old age pension

• Sanction of pension to the physically handicapped

• Sanction of pension to the destitute widows

• Sanction of family pension to deserted wives

• Sanction of family pension to the physically handicapped persons

• Sanction of family pension to the poor agricultural labourers

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• Financial assistance in cases of accidental death of the bread winner of the

family

• Financial assistance in cases of death of bread winner of the family engaged

in 44 chosen professions

• Issues of certificates in respect of community, nativity, legal Heir ship,

solvency, birth and death, etc.

• Patta Transfer

• Creation of new subdivisions

• Assignment of new cultivable lands

• Implementation of tenancy laws

• Fixation of fair rents

• Issue of house site pattas

• Distribution of surplus agricultural land under land reforms act

• No objection certificate for cinema theatres

• Pawn broker’ license

• License under arms act

• Licence under explosives act

• Land acquisition for various government projects

2.4 Rural Development And Panchayat Raj Department

Mahatma Gandhiji said, “India lives in villages”. It is true even today. More

than 50% of population lives in rural areas without even basic amenities like shelter,

protected drinking water, school, hospital, electricity and proper road facility.

Government of Tamil Nadu being a welfare state, the purposeful endeavours of the

government are aimed at social, economic and political upliftment of the people in

the rural areas. Rural development aims at improving the rural lives with the
 40
 

participation of the rural masses. The concept of rural development targets the

socio - economic development in Tamil Nadu and is concerned with the economic

growth, social justice and improvement in the living standards of the rural people, by

deploying an efficient delivery mechanism to provide adequate quality services and

essential minimum needs. The primary objective of the government is the provision

of basic infrastructure facilities and social upliftment services in the rural areas and

assistance to the individual families and self help groups living below the poverty

line. Elimination of poverty and delivery of high quality services are the basic

premises upon which the planning of rural development is based and concerted

efforts of this government have improved the living standards and set the benchmark

for the quality of rural lives. Hence, rural development planning to accomplish the

above objectives was done at the Panchayat levels, which are the basic structural

units of development process. But, rural people consider that the planning process

should be done at the habituation level for fulfilling all their basic needs. To fulfil

the people’s expectation, this government is committed to take up the planning and

implementation of the rural development schemes at the level of habitation. Out of

12,620 village Panchayats in the state, 96 village Panchayats are merged with

municipalities/corporations. As such there are 12,524 village Panchayats in the state,

with 79,394 habitations and only a micro level planning at habitation level shall pave

the way for reducing the rural urban divide. Further, the rate of increase in the

percentage of urbanisation of rural Tamil Nadu over the past decade indicates a

blatant migration of people to the urban and semi urban areas and this can be

checked only if the amenities available in urban areas are provided in the rural areas.

The government proposes to introduce a new scheme where the planning will be

taken to the habitation level and the requirements of the habitations shall be
 41
 

addressed on felt need basis. This will be a paradigm shift in rural planning and

implementation. The new scheme will be called as Tamil Nadu Village Habitation

Improvement scheme (THAI). Affordable housing has been a critical issue of great

challenge for the homeless, low income rural masses. For the first time in the

country, Tamil Nadu government proposes to introduce a free housing scheme to

provide houses of 300 sq.ft each to the eligible rural masses and these free dwelling

units shall improve the welfare and livelihoods of the people living in the rural areas.

Cost effective, fast track technologies and green technologies like solar home

lighting systems will be used in the construction of the houses. Reduction of poverty

has been of paramount concern in independent India. Basic human needs such as

water, food, clothing, shelter, health care and education have not been available at

socially acceptable levels. Affordability of the rural poor was the prime question,

which has to be supplemented by the government to ensure the basic minimum

needs. Though the government, both centre and state, introduced various schemes to

reduce the poverty levels Mahatma Gandhi National Rural Development Guarantee

Act was enacted as a law in the parliament in 2005 to guarantee a minimum of 100

days manual work to the marginalised people to earn their living.

(http://www.assembly.tn.gov.in/history/history.htm)

2.4.1 Rural Development and Panchayat Raj Department– Historic Overview

The history of the local self governance in Tamil Nadu can be traced back to

the stone edicts and carvings in Sri Sundharavaradhar Temple of Uthiramarur in

Kancheepuram District, which bear evidence to the well established local self

governance during the Chola imperial period. It is inscribed on the walls of the

village assembly made of granite slabs that the village had a perfect electoral system

and a written constitution prescribing the mode of election. This inscription can be
 42
 

dated around 920 AD in the reign of Parantaka Chola, which demonstrates the

perfect electoral system that existed in ancient India. It was a system of democracy

in monarchy where the members of the village council were elected through a

process of secret ballot called ‘Kuda Ola Murai’ and these councils functioned as

self contained economic administrative entities. The system of secret ballot is the

system of forerunner for today’s electoral system. A huge mud pot (kudam) was

placed at an important location of the village, which served as a ballot box. The

voters had to write the name of the desired candidate on the palm leaf (panai olai)

and drop it in the pot. At the end of the process, the leaves were taken out of the pot

and counted candidate-wise and whoever got the highest number of votes was

selected as the member of the village council. It is also interesting to note that

eligibility criteria and norms of disqualification had been prescribed for those who

contested for the village council. With the advent of the British rule, the system of

local self governance slowly disintegrated and the industrialisation that followed

resulted in massive unemployment. This eventually shattered the basic structure of

the local self governance. However, the British presented a modified concept of local

self governance to suit the British colonial rule.

The District Board Fund was conceptualised in 1854, and the Madras Local

Fund Act 1871 was later enacted by Governor Mayo. Local Fund Boards were set up

in their respective areas and were devolved with certain functions. Madras Local

Board Act, 1884 was the outcome of the Lord Ripon’s Local Self Government

Resolution of 1882, which ushered in the 3 tier system of local boards namely

District boards, taluk boards and union of villages. In 1920, Madras Panchayat act

was repealed and village Panchayat came under the purview of Madras Local Boards

Act 1920 by an amendment to the act in 1930. Though self governance was

accentuated in all the above proclamations, the government continued to exercise

 43
 

absolute control over the local bodies through a inspector of municipalities and local

boards.

2.4.2 Rural Development And Panchayat Raj Department- Post Independence

Era

In the post independence era, the Government enacted Madras Village

Panchayat Act 1950 for devolving greater powers to the Panchayat. Article 40 in part

iv of the constitution provided for the organisation and endowment of powers to the

Panchayat. The district boards looked after health and education and the Panchayat

undertook various activities to fulfil the basic needs of the people. A model

Panchayat union comprising some village Panchayats was set up in Madurai in 1951.

The Government of India launched Community Development and National

Extension Service Scheme in 1952 for area development through “ Development

Banks”. The Balwatral Mehta Committee appointed by the Government of India,

submitted its report in January 1957 and recommended the establishment of the

democratic decentralisation, which finally came to be known as the Rural

Development and Panchayat Raj Department. Some of the main recommendations of

the committee were:

Establishment of 3 tier Rural Development and Panchayat Raj Department

System which should be organically linked through a device of indirect elections.

Village Panchayat should be constituted by the directly elected representatives

whereas the Panchayat Samiti and Zilla Parishad should be constituted with the

indirectly elected members. All the Planning and Development activities should be
entrusted to the three tier local bodies. (http://www.assembly.tn.gov.in/history/history.htm)