Gujarat Panchayats Act, 1961*
| [Gujarat Act No. 6 of 1962] | [20th February, 1962] |
An Act to consolidate and amend the law relating to village panchayats and district local boards in the State of Gujarat with a view to reorganise the administration pertaining to local government in furtherance of the object of the democratic decentralization of powers in favour of different classes of panchayats.
It is hereby enacted in the Twelfth Year of the Republic of India as follows:-
* (Received the assent of the President on 20th February, 1962 and published in the "Gujarat Government Gazette" on the 24th February 1962)
Chapter-I - Preliminary
CHAPTER I
Preliminary
1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats Act, 1961.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once; and all or any of the remaining provisions of this Act shall crime into force in such district and on such date as the State Government may, by notification in the Official Gazette appoint; and different dates may be appointed in respect of different districts and different provisions.
2. Definitions.- In this Act, unless the context otherwise requires-
(1) "building" includes a hut, shed, or other enclosure whether used as a human dwelling or for any other purpose whatsoever and also includes walls, verandahs, fixed platforms, plinths, doorsteps and the like;
(2) "case" means with reference to any judicial proceedings, a criminal proceeding in respect of any offence triable by a Nyaya Panchayat;
(3) "cattle" means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, ewes, rams, lambs, goats and kids;
(4) "city" means a city as defined in the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1849);
(5) "competent authority" means such Government Officer, panchayat or authority as the State Government may, by notification in the Official Gazette, appoint to perform the functions of a competent authority under such provisions of this Act and in respect of such panchayats as may be specified in the said notification;
(6) "district" means a district formed under this Act;
(7) "District Development Officer" means such officer as the State Government may appoint to be a District Development Officer for the purposes of this Act;
(8) "district panchayat" means a district panchayat constituted under this Act;
(9) "factory" means a factory as defined in the Factories Act, 1948 (LXIII of 1848);
(10) "general election" means the election held under this Act for the constitution or the reconstitution of a panchayat after the expiry of its term or otherwise;
(11) "gram" means a gram formed under this Act;
(12) "gram panchayat" means a gram panchayat constituted or deemed to be constituted under this Act;
(13) "gram sabha" means a gram sabha deemed to be constituted under this Act;
(14) "land" includes land which is built upon, or covered with water;
(15) "Land Revenue Code" means-
(a) in the Bombay and Saurashtra areas of the State of Gujarat the Bombay Land Revenue Code, 1879, (Bom. V of 1879) and
(b) in the Kutch area of the State of Gujarat the said Code as applied to that area;
(16) "list of voters" means a list of voters provided for and maintained under section 21;
(17) "nagar" means a nagar formed under this Act;
(18) "nagar panchayat" means a nagar panchayat constituted under this Act;
(19) "Nyaya Panchayat" means a Nyaya Panchayat constituted of deemed to have been constituted under this Act for the purpose of the trial of suits and cases;
(20) "octroi" or "octroi duty" means a tax on the entry of goods into a gram or nagar, for consumption, use or sale therein;
(21) "panchayat" means a gram panchayat, nagar panchayat, taluka panchayat or district panchayat;
(22) "Panchayat Functions List" means the list of matters enumerated in Schedules I, II and III;
(23) "population" in relation to gram, nagar, taluka or district, means the population thereof as ascertained at the last preceding census of which the relevant figures have been published;
(24) "prescribed" means prescribed by rules;
(25) "rules" means rules made, or deemed to have been made, under this Act;
(26) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India;
(27) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 346 of the Constitution of India;
(28) "Secretary" means a secretary of a panchayat appointed or deemed to be appointed under this Act;
(29) "street" means any road, footway, square, court, alley or passage accessible whether permanently or temporarily to the public, whether a thoroughfare or not;
(30) "suit" means a civil suit triable by a Nyaya Panchayat under this Act.
(31) "taluka" means a taluka formed under this Act;
(32) "Taluka Development Officer" means such officer as the State Government may appoint to be a Taluka Development Officer for the purposes of this Act;
(33) "taluka panchayat" means a taluka panchayat constituted under this Act;
(34) "tax" means a tax, cess, rate or other impost leviable under this Act, but does not include a fee;
(35) "ward" means an area into which a gram or as the case may be, nagar is divided under section 20;
(36) "year", except in the case of the term of a panchayat, means the year commencing on the 1st day of April unless another date is specified by the State Government by notification in the Official Gazette.
Chapter-II - Establishment of panchayats of different tiers
CHAPTER II
Establishment of panchayats of different tiers.
(A) Establishment of panchayats and their area of jurisdiction.
3. Establishment of panchayats of different tiers.- For the purposes of this Act, there shall be in each district-
(1) a gram panchayat for each gram,
(2) a nagar panchayat for each nagar,
(3) a taluka panchayat for each taluka, and
(4) a district panchayat for the district.
4. Establishment of Nyaya Panchayats.- (1) For the purpose of the administration of civil and criminal justice as provided in this Act, there shall be a Nyaya Panchayat-
(a) for each nagar to be known by the name specified by the State Government; and
(b) ??? group of such grams not bungles than five in number as the State Government may, by notification in the Official Gazette, determine to be known by the name specified in the notification.
(2) The grams comprising a group shall, as far as possible, be contiguous.
5. Conciliation panch.- For Bottling disputes between parties by conciliation under this Act there shall be a conciliation panch for each gram and for each nagar for which a Nyaya Panchayat has been constituted.
6. Gram-sabha.- There shall be a gram sabha for a gram for performing such functions as are provided in this Act and such other functions as may be prescribed.
7. Incorporation of panchayata of different classes.- (1) A gram panchayat shall be a body corporate by the name of "The…… Gram Panchayat".
(2) A nagar panchayat shall be a body corporate by the name of "The……Nagar Panchayat".
(3) A taluka panchayat shall be a body corporate by the name of "The……Taluka Panchayat".
(4) A district panchayat shall be a body corporate by the name of "The…… District Panchayat".
(5) Every panchayat mentioned in sub-section (1), (2), (3) or (4) shall have perpetual succession and a common seal and may sue and be sued in its corporate name, and subject to the provisions of this Act, shall be competent ta acquire and hold property, both movable and immovable, whether within or without the limits of the area over which it has authority, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in it, or have been acquired by it, to raise loans upon the security of its fund in the manner and subject to the limits and other requirements including guarantees prescribed by rules, and to contract and do all other things necessary for the purposes of this Act.
8. Subordination of panchayats amongst themselves and their powers, functions and duties.- (1) A gram panchayat or nagar panchayat shall, subject to the authority of the taluka panchayat and the district panchayat, have authority for the purposes of this Act over the area for which it is constituted.
(2) A district panchayat and subject to the authority of the district panchayat a taluka panchayat, shall have authority for the purposes of this Act over the area for which it is constituted, except that portion of the area which for the time being is within the limits of a city, municipal borough, municipal district, notified area or cantonment constituted under any law for the time being in force.
(3) Subject to the control of the State Government and the competent authority-
(a) a gram or nagar panchayat shall be subordinate to the taluka panchayat and the district panchayat, and
(b) a taluka panchayat shall be subordinate to the district panchayat.
(4) A district panchayat, a taluka panchayat, a nagar panchayat and a gram panchayat shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under this Act or any other law for the time being in force.
9. Declaration of nagar and gram.- (1) After making such inquiries as may be prescribed, the State Government may, by notification in the Official Gazette, declare any local area, comprising a revenue village, or a group of revenue villages or hamlets forming part of a revenue village, or such other administrative unit or part thereof,-
(a) to be a nagar, if the population of such local area exceeds 10,000 but does not exceed 30,000, and
(b) to be a gram, if the population of such local area does not exceed 10,000.
(2) After consultation with the taluka panchayat, the district panchayat and the nagar or gram panchayat concerned (if already constituted) the State Government may, by like notification, at any time-
(a) include within, or exclude from, any nagar or gram, any local area or otherwise alter the limits of any nagar or gram; or
(b) declare that any local area shall cease to be a nagar or gram;
and thereupon the local area shall be so included or excluded, or the limits of the nagar or gram so altered or, as the case may be, the local area shall case to be a nagar or gram.
10. Formation of districts and talukas for purposes of this Act.- For the purposes of this Act-
(i) a district as constituted from time to time under the Land Revenue Code shall be a district, and
(ii) a taluka or mahal as constituted from time to time under the Land Revenue Code shall be a taluka.
11. Panchayats organization and the exercise of control over panchayats by State Government.- (1) The gram panchayats, nagar panchayats, taluka panchayats, district panchayats, gram sabhas, Nyaya Panchayats and conciliation panchas shall constitute the Panchayat Organisation of the State of Gujarat.
(2) The State Government shall exercise its control over the panchayats either directly or through such officer or officers as it may by general or special order appoint for the purpose.
(B) Constitution of panchayats and their term.
12. Constitution of gram panchayats.- (1) A gram panchayat shall subject to the provisions of sub-section (3) consist of such number of members not less than 9 and not more than 15 is the district panchayat may determine, elected from amongst the qualified voters of the gram.
(2) A gram panchayat shall have a Sarpanch and a Upa-Sarpanch elected by its members from amongst themselves.
(3) Out of the seats of members to be determined under sub-section (1)-
(a) two seats shall be reserved for women,
(b) one seat or if in the case of any gram, the State Government, having regard to the population of Scheduled Castes in the gram, specifies more seats in this behalf, the seats so specified, shall be reserved for Scheduled Castes, and
(c) if in the case of any gram the State Government, having regard to the population of Scheduled Tribes in the gram, specifies any seat or seats for being reserved for Scheduled Tribes, the seat or seats so specified shall be reserved for Scheduled Tribes:
Provided that nothing in clause (b) shall apply to a gram, where there is no population of Scheduled Castes.
13. Constitution of nagar Panchayats.- (1) A nagar panchayat shall subject to the provisions of sub-section (3) consist of such number of members not less than 16 and not more than 31 as the district panchayat may determine, elected from among it the qualified voters of the nagar.
(2) A nagar panchayat shall have a Chairman and a Vice-Chairman elected by its members from amongst themselves.
(3) Out of the seats of members to be determined under sub-section (1)-
(a) two seats shall be reserved for women,
(b) one seat or if in the case of any nagar the State Government, having regard to the population of Scheduled Castes in the nagar, specifies more seats in this behalf, the seats so specified, shall be reserved for Scheduled Castes, and
(c) if in the case of any nagar, the State Government, having regard to the population of Scheduled Tribes in the nagar, specifies any seat or seats for being reserved for Scheduled Tribes, the seat or seat so specified shall be reserved for Scheduled Tribes.
14. Constitution of taluka panchayats.- (1) A taluka panchayat shall consist of the following ex-officio, elected, co-opted and associate members, namely:-
(A) Ex-officio members.
(i) The Sarpanchas of all the gram panchayats within the taluka;
(ii) The Chairmen of all the nagar panchayats within the taluka:
Provided that in the absence of the Sarpanch of any gram panchayat or the Chairman of any nagar panchayat, or where he Sarpanch or as the case any ??? he Chairman, becomes an associate member under sub-section (4), the Upa barpan ??? of the gram panchayat, or as the case may be, the Vice-Chairman of the nagar panchayat shall act as the ex-officio member:
Provided further that where the Upa-Sarpanch or the Vice-Chairman, as the case may be, becomes an associate member under sub-section (4) then such member as the gram or nagar panchayat as the case may be, may elect shall act as the ex-officio member in the absence of the Sarpanch or the Chairman as the case may be;
(B) Elected members.
(iii) Members elected by the Chairmen of all the co-operative societies situate within the taluka from amongst themselves. The number of members to be so elected shall be as nearly as may be one-tenth of the total number of ex-officio members as may be determined by the district panchayat;
(C) Co-opted members.
(iv) two women who may be interested in the welfare activities pertaining to women and children;
(v) two representatives of the Scheduled Castes in the taluka;
(vi) two representatives of the Scheduled Tribes in the taluka, if the population of the Scheduled Tribes in the taluka is not less than five per cent, of the total population of the taluka;
(vii) two persons from amongst social workers residing in the taluka and having practical experience in respect of matters pertaining to rural development;
(D) Associate members.
(viii) Members of the Gujarat Legislative Assembly elected from any constituency other than a City Constituency in the taluka or part thereof;
(ix) the Mamlatdar or Mahalkari of the taluka or mahal, as the case may be;
(x) presidents of all the municipalities situate within the taluka,
(xi) members of the District Panchayat elected under clause (iii) of sub-section (1) of section 15 and ordinarily residing in the taluka.
(2) A taluka panchayat shall have a President and a Vice-President elected by its ex-officio, elected, appointed and co-opted members from amongst themselves.
(3) A Sarpanch of a gram panchayat or a Chairman of a nagar panchayat if elected as the President of the taluka panchayat of which he is an ex-officio member, shall vacate the office of Sarpanch or Chairman, as the case may be, but shall continue to be an ex-officio member of the taluka panchayat.
(4) Where any ex-officio elected or co-opted member of a taluka panchayat is also a member of the Gujarat Legislative Assembly he shall cease to be such member but shall continue only as an associate member of the panchayat;
15. Constitution district panchayats.- (1) A district panchayat shall consist of the following ex-officio, elected, co-opted and associate members, namely:-
(A) ex-officio members.
(i) the Presidents of all the taluka panchayats in the district:
Provided that in the absence of the President of any taluka panchayat, or where the President becomes an associate member under sub-section (4) he Vice-President of the taluka panchayat shall act as the ex-officio member;
Provided further that where the Vice-President of a taluka panchayat becomes an associate member of a district panchayat under sub-section (4) then such, member as the taluka panchayat may elect shall act as the ex-officio member in the absence of the President.
(B) Elected members.
(ii) one member elected by each taluka panchayat in the district from amongst its own members;
(iii) members elected to such number of seats not exceeding the total Beats of the ex-fficio members and elected members representing the taluka panchayats under clauses (i) and (ii) of this sub-section as the State Government may determine:
Provided that out of the Beats so determined-
(a) two seats shall be reserved for women,
(b) one seat or such number of seats as the State Government may determine on the basis of the proportion which the population of Scheduled Castes in the district bears to the total population of the district shall be reserved for Scheduled Castes,
(c) where the population of the Seheduled Tribes in the district is not less than five per cent of the total population of the area within the jurisdiction of the district panchayat such number of seats as the State Government may determine on the basis of the proportion which the population of Scheduled Tribes in the district bears to the total population of the district shall be reserved for Scheduled Tribes:
Provided further that the aforesaid reserved seats shall be allotted by rotation to different constituencies in the district in the prescribed manner.
(C) Co-opted members.
(iv) Two persons having practical experience in respect of matters pertaining to education and residing in the district.
(D) Associate members.
(v) Members of the House of the People elected from the areas within the jurisdiction of the district panchayat or part thereof;
(vi) members of the Council of States residing in the area within the jurisdiction of the district panchayat;
(vii) members of the Gujarat Legislative Assembly of the State of Gujarat elected from the area within the jurisdiction of the district panchayat;
(viii) the Collector of the district;
(ix) Presidents of all municipalities situate within the district.
(2) A district panchayat shall have a President and a Vice-President elected by its ex-officio, elected, appointed and co-opted members, from amongst themselves.
(3) A President of a taluka panchayat if elected the President of a district panchayat of which he is an ex-officio member, shall vacate his office of the President of the taluka panchayat but shall continue to be an ex-officio member of the district panchayat.
(4) where any ex-officio, elected or co-opted member of a district panchayat is also a member of the Gujarat Legislative Assembly or of Parliament he shall cease to be such member of the panchayat but shall continue as an associate member of the panchayat.
16. Constitution of gramsabha panchayats.- All persons whose names are included in the list of voters maintained for a gram shall be deemed to constitute the gram sabha of the gram.
17. Term of panchayat and reconstitution thereof on expiry of term.- (1) The term of a panchayat as constituted at its first meeting shall, save as otherwise provided in this Act, be four years from the date of such meeting.
(2) The State Government may by order in writing and for reasons recorded therein extend the said term for a period not exceeding in the aggregate one year.
(3) On the expiry of the term under sub-section (1) or sub-section (2), as the case may be, the panchayat shall be reconstituted.
(4) Sub-sections (1) and (2) shall apply mutatis mutandis to a panchayat so reconstituted.
Chapter-III - Election, appointment or co-option of members os panchayats, Election Disputes etc.
CHAPTER III
Election, appointment or co-option of members os panchayats, Election Disputes etc.
18. Election.- (1) The election of members to a panchayat shall be held on such date as the District Development Officer may appoint in that behalf:
Provided that in the case of the reconstitution of a panchayat on account of the expiry of its term such date shall not be earlier than two months or later than fifteen days before the expiry of the term.
(2) Such election shall be conducted in the prescribed manner.
(3) The names of the elected members shall be published by the District Development Officer in the prescribed manner.
19. Circumstances in which members shall be appointed in lieu of elected members.- (1) If for any reason an election does not result in the return of the required number of qualified persons willing to take office, then-
(a) in the case of a gram panchayat, nagar panchayat, or taluka panchayat, the district panchayat,
(b) in the case of a district panchayat, the competent authority, shall as soon as possible appoint, from persons qualified to be elected, such persons as are necessary to make up the required number and the persons so appointed shall be deemed to have been duly elected to the relevant panchayat. The names of the members so appointed shall be published by the appointing authority in the prescribed manner.
(2) Notwithstanding anything contained in sub-section (1), where two-thirds or more of the total number of members required to be elected are elected, failure to elect the remaining members shall not affect the constitution of the relevant panchayat.
Provisions relating to elections.
20. Electoral divisions.- (1) For the purposes of elections of members to a gram panchayat and a nagar panchayat, each gram and nagar shall be divided into wards. The number of wards and the number of members to be elected from each ward shall be such as the competent authority may determine.
(2) At any time before thud are for entertaining the nominations of candidates for a general election of a gram or nagar panchayat is notified, it shall be lawful for the competent authority to alter for reasons to be recorded in writing the limits of any ward or as the case may be, the number of members to be elected from any ward determined by it in sub-section (1).
(3) For the purposes of election of members to a district panchayat under clause (iii) of sub-section (1) of section 15, the State Government shall divide each district into as many single-member territorial constituencies as there are seats determined under that clause and delimit their extent.
(4) Each ward constituted under sub-section (1) and each territorial constituency constituted under sub-section (3) shall be an electoral division.
(5) An electoral division in respect of a panchayat determined under the foregoing provisions of this section for the purposes of the general election shall continue until the expiry of the term of panchayat.
21. List of voters.- (1) The electoral roll of the Gujarat Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950, (XIII of 1950) and in force on such date as the State Government may, by general or special order, notify in this behalf for such part of the constituency of the Assembly as is included in the relevant electoral division, shall be the list of voters for that electoral division.
(2) Such officer as the State Government may specify in this behalf shall maintain a list of voters for each electoral division; the list shall be published in the prescribed manner.
(3) The officer may rectify any mistake in the list of voters, either on an application made to him in that behalf or on his own motion and for that purpose amend, delete or add any entry in the list.
22. Persons qualified to vote and be elected.- (1) Every person whose name is in the list of voters shall, unless disqualified under this Act or any other law for the time being in force, be qualified to vote at the election of a member for the electoral division to which such list pertains.
(2) Every person whose name is in the list of voters shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any electoral division. No person whose name is not entered in the list of voters for the gram or nagar shall be qualified to be elected from any electoral division thereof.
(3) Every person qualified to be elected shall be qualified to be appointed or co-opted as a member of a panchayat.
(4) Subject to any disqualification incurred by a person, the list of voters shall be conclusive evidence for the purpose of determining under this section whether any person is or is not qualified to vote, or as the case may be to be elected at any election.
23. Disqualification.- No person shall be a member of a panchayat or continue as such who-
(a) has, whether before or after the commencement of this Act, been convicted-
(i) of an offence under the Untouchability (Offences) Act, 1955, (XXII of 1955) or under the Bombay Prohibition Act, 1949, (Bom. XXV of 1949) or any law corresponding thereto in force in any part of the State, unless a period of four years, or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or
(ii) of any other offence and been sentenced to imprisonment for not less than six months, unless a period of four years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or
(b) has been adjudged by a competent court to be of unsound mind; or
(c) has been adjudicated an insolvent and has not obtained his discharge; or
(d) has been removed from any office held by him in any panchayat under any provisions of this Act or in any panchayat, municipality or district local board before the commencement of this Act under any law for the time being in force; and a period of four years has net elapsed from the date of such removal, unless he has, by an order of the State Government notified in the Official Gazette, been relieved from the disqualification arising on account of such removal from office; or
(e) has been disqualified from holding office under any provision of this Act and the period for which he was so disqualified has not elapsed; or
(f) holds any salaried office or place of profit in the gift or disposal of any panchayat, other than an office of President or Vice President of a panchayat or of a Chairman of an Education Committee of a panchayat, while holding such office of place; or
(g) has directly or indirectly, by himself or his partner, any share or interest in any work done by order of a panchayat, or in any contract with, by or on behalf of, or employment with or under any panchayat; or
(h) has directly or indirectly by himself or his partner any share or interest in any transaction of loan of money advanced to or borrowed from any officer or servant of any panchayat; or
(i) fails to pay any tax or fee or any other sum due to the panchayat within three months from the date on which the amount of such tax or fee or sum is required to be paid according to the bill presented to him under sub-section (1) of section 192; or
(j) is a servant of the Government or a servant of any local authority; or
(k) has voluntarily acquired the citizenship of a foreign State or is under any acknowledgment of allegiance or adherence to a foreign State; or
(l) is disqualified under any other provision of this Act, and the period for which he was so disqualified has not elapsed.
Explanation 1.-A person shall not be disqualified under clause (g) for membership of a panchayat by reason only of such person-
(a) having share in any joint stock company or a share or interest in any society registered under any law for the time being in force which shall contract with or be employed by or on behalf of any panchayat; or
(b) having a share or interest in any newspaper in which any advertisement relating to the affairs of any panchayat may be inserted; or
(c) holding a debenture or being otherwise concerned in any loan raised by or on behalf of any panchayat; or
(d) being professionally engaged on behalf of any panchayat as a legal practitioner.
Explanation 2.- For the purpose of clause (i)-
(i) a person shall not be deemed to be disqualified if he has paid the amount of any tax, fee or sum due, prior to the day prescribed for the nomination of candidates;
(ii) failure to pay any tax, fee or sum due to the panchayat by a member of an undivided Hindu family or by a person belonging to a group or unit the members of which are by custom joint in estate or residence, shall be deemed to disqualify all members of such undivided Hindu family or as the case may be, all the members of such group or unit.
Explanation 3.- For the purpose of clause (j) an officiating revenue or police patel or revenue or police patel who is an officiator under the Bombay Hereditary Offices Act, 1874, (Bom. III of 1874) or any other corresponding law for the time being in force, shall be deemed to be a servant of the Government.
24. Determination of validity of elections, enquiry by Judge and procedure.- (1) If the validity of any election of a member of a panchayat is brought in question by any person qualified to vote at the election to which such question refers, such person may, at any time within fifteen days after the date of the declaration of the results of the election, apply to the Civil Judge (Junior Division), and if there be no Civil Judge (Junior Division) then to the Civil Judge (Senior Division), (hereinafter referred to as "the Judge") having ordinary jurisdiction in the area within which the election has been or should have been held for the determination of such question.
(2) An enquiry shall thereupon be held by the Judge and no may after such enquiry as he deems necessary pass an order, confirming or amending the declared result, or setting the election aside. For the purposes of the said enquiry the said Judge may exercise all the powers of a civil court, and his decision shall be conclusive.
(3) All applications received under sub-section (1)-
(a) in which the validity of the election of members to represent the same electoral division is in question, shall be heard by the same Judge, and
(b) in which the validity of the election of the same member elected to represent the same electoral division is in question, shall be heard together.
(4) Notwithstanding anything contained in the Code of Civil Procedure, 1908, (V of 1908) the Judge shall not permit-
(a) any application to be compromised or withdrawn, or
(b) any person to alter or amend any pleading unless he is satisfied that such application for compromise or withdrawal or the application for such alteration or amendment is bona fide and not collusive.
(5)(a) If on the holding of such enquiry the Judge finds that a candidate has for the purpose of the election committed a corrupt practice within the meaning of sub-section (6) he shall declare the candidate disqualified for the purpose of that election and of such fresh election as may be held under section 26 and shall set aside the election of such candidate if he has been elected.
(b) If, in any case to which clause (a) does not apply, the validity of an election is in dispute between two or move candidates, the Judge shall after a scrutiny and computation of the votes recorded in favour of each candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:
Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person known or unknown, in giving or obtaining it:
Provided further that after such computation if an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, one additional vote shall be added to the total number of valid votes found to have been received in favour of such candidate or candidates, as the case may be, selected by lot drawn in the presence of the Judge in such manner as he may determine.
(6) A person shall be deemed to have committed a corrupt practice-
(a) who, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration, or holds out any promise of individual profit, or holds out any threat of injury to any person, or
(b) who, with a view to inducing any person to stand or not to stand or to withdraw or not to withdraw from being a candidate at an election, offers or gives any money or valuable consideration or holds out any promise of individual profit or holds out any threat of injury to any person, or
(c) who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter (other than the person himself, the members of his family or his agent) to and from any polling station:
Provided that the hiring of a vehicle or vessel by a voter or by several voters at their joint cost for the purpose of conveying him or them to or from any, such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power;
Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation 1.- A corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent, or by a person who is acting under the general or special authority of such candidate with reference to the election.
Explanation 2.- "A promise of individual profit" does not include a promise to vote for or against any particular measure which may come before a panchayat for consideration, but subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.
Explanation 3.- The expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise, and whether used for drawing other vehicle or otherwise.
25. Disability from continuing as member.- (1) If any member of a panchayat,-
(a) who is elected or appointed as each, was subject to any of the disqualifications mentioned in section 23 at the time of his election or appointment, or
(b) during the term for which he has been elected or appointed, incurs any of the disqualifications, mentioned in section 23,
he shall be disabled from continuing to be a member, and his office shall become vacant.
(2) In every case, the question whether a vacancy has arisen, shall be decided by the competent authority. The competent authority may give its decision either oil an application made to it by any person, or on its own motion. Until the competent authority decides that the vacancy has arisen, the member shall not be disabled under sub-section (1) from continuing to be a member. Any person aggrieved by the decision of the competent authority may, within a period of fifteen days from the date of such decision, appeal to the State Government and the orders passed by the State Government in such appeal shall be final:
Provided that no order shall be passed under this sub-section by the competent authority against any member without giving him a reasonable opportunity of being heard.
26. Fresh election if election or appointment is invalid.- If the election of any member is set aside under section 24 or if his office becomes vacant under section 25 a fresh election for the vacancy so caused shall, as soon as may be, be held in accordance with the provisions of this Act.
Election Offences.
27. Prohibition of canvassing in or near polling station.- (1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred yards of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the vote of any voter; or
(c) persuading any voter not to vote at the election; or
(d) persuading any voter not to vote for any particular candidate; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under this section shall be cognizable.
28. Section 28. Penalty for disorderly ??? in near polling station.- (1) No person shall, on the date or dates on which a poll is taken at any polling station,
(a) use or operate, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
(4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.
29. Penalty or misconduct as polling station.- (1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
(4) An offence punishable under sub-section (3) shall be cognizable.
30. Maintenance of secrecy of voting.- (1) Where an election is held by ballot, every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.
31. Officers, etc. at elections not to act for candidates or influence poling.- (1) No person who is a returning officer, or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct of the management of the election do any act (other than the giving of his vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour-
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
32. Breaches of official duty in connection with elections.- (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other persons appointed to perform any duty in connection with the maintenance of the list of voters, the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
33. Removal of ballot papers from polling stations to be offence.- (1) Any person who, at any election, fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a worn an to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in sale custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
34. Other Offences and penalties therefor.- (1) A person shall be guilty of an offence, if, at any election he-
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
(g) fraudulently or without due authority as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an offence under this section shall,-
(a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;
(b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
35. Prosecution in certain offences.- No court shall take cognizance of an offence punishable under section 31 or under section 32 or under clause (a) of sub-section (2) of section 34 except on a complaint made by an order of or under authority from the competent authority.
Requisitioning of premises for the purposes of election.
36. Requisitioning of premises, vehicles, etc., for election purposes.- (1) If it appears to an officer authorised by the State Government: for conduct of elections under this Act (hereinafter referred to as "the requisitioning authority") that in connection with an election under this Act-
(a) any premises are needed or are likely to be needed for being used as a polling station, or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or likely to the needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election,
the requisitioning authority may by order in writing requisition such premises, or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:
Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until, the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed by rules made by the State Government under this Act on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section,
(4) In this section-
(a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise.
37. Payment of compensation.- (1) Whenever in pursuance of section 36 the requisitioning authority requisitions any premises, the panchayat shall pay to the persons interested compensation the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors, that is to say-
(i) the rent payable, in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality
(ii) if in consequence of the requisition of premises, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that, where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government for referring the matter to an arbitrator, the amount of compensation 60 be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:
Provided further that, where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation.-In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 36 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 36, the requisitioning authority requisitions any vehicle, vessel or animal, the panchayat shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:
Provided that, where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the time prescribed by rules made by the State Government to the requisitioning authority for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:
Provided further that, where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.
38. Power to obtain information.- The requisitioning authority may, with a view to requisitioning any property under section 36 or determining the compensation payable under section 37 by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
39. Power of entry into and inflection of premises, to.- (1) Any person authorized in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so, in what manner, an order under section 36 should be made in relation to such premises, vehicles, vessel or animal, or with a view to securing compliance with any order made under that section.
(2) In this section, the expressions ‘premises’ and ‘vehicle’ have the same meaning as in section 36.
40. Eviction from requisitioned premises.- (1) Any person remaining in possession of any requisitioned premises in contravention of an order made under section 36 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any look or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
41. Relenase of premises from requisition.- (1) When any premises requisitioned under section 30 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 36 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.
(3) When a notice referred to in sub-section (2) is published in the Official Gazette the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the requisitioning authority or the panchayat shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.
42. Penalty for contravention of any order regarding requisition.- If any person contravenes any order made under section 36 or section 38, he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.
Co-option of members.
43. Co-option of members to a taluka panchayat and district panchayat.- (1) Subject to the provisions of sub-section (2), a taluka panchayat or a district panchayat, as the case may be, shall choose its co-opted members in the prescribed manner.
(2) When members of a taluka panchayat or district panchayat are to be co-opted at the first constitution of the taluka panchayat or district panchayat or the reconstitution thereof under section 17 there shall beheld on such day before the first meeting of the relevant panchayat as the competent authority may fix, preliminary meeting thereof for choosing its co-opted members.
(3) The preliminary meeting shall consist of-
(a) the ex-officio members of the panchayat, and
(b) the members elected at the general election.
(4) The preliminary meeting shall be presided over by such officer as the competent authority may by order appoint in this behalf.
Chapter-IV - Provisions Relating to presiding Officers of Panchayats and Members of Panchayats
CHAPTER IV
Provisions Relating to presiding Officers of Panchayats and Members of Panchayats.
Part I
Gram Panchayats and Nagar Panchayats.
44. First mooting of panchayat and election of Sarpanch and Upa-sarpanch, or Chairman and Vice-chairman.- (1) On the constitution of a gram or nagar panchayat or on its reconstitution under section 17 or under any other provision of this Act, there shall be called the first meeting thereof for the election of its Sarpanch and Upa-sarpanch or as the case may be, its, Chairman and Vice-chairman.
(2) The meeting shall be held on such day within four weeks from the date on which the names of members elected at the general election are published under section 18 as may be fixed by the competent authority:
Provided that where no day is fixed within the aforesaid period of four weeks, the competent authority shall report the fact to the State Government or an officer or authority authorized by the State Government and the meeting shall be held on such day as the State Government or the said officer or authority, as the case may be, may specify.
(3) The first meeting shall be presided over by such officer as the competent authority may by order appoint in that behalf. Such officer shall have such powers and follow such procedure as may be prescribed but shall not have the right to vote.
(4) No business other than the election of the Sarpanch and Upa-sarpanch or as the case may be, the Chairman and the Vice-chairman Shall be transacted at the meeting.
(5) If at the election under this section, there is an equality of votes, the result of the election shall be decided by lot drawn in the presence of the presiding officer in such manner as he may determine.
(6) In the event of a dispute arising as to the validity of an election under the foregoing provisions of this section, the dispute shall be referred to the competent authority for decision. The decision of the competent authority shall be final and no suit or other proceeding shall lie against it in any court.
45. Term of office of members of gram and nagar panchayat and of Sarpanch, Chairman etc. thereof.- (1) Save as otherwise provided in this Act, the term of office of-
(a) the members of a gram panchayat or nagar panchayat,
(b) the Sarpanch and Upa-sarpanch of a gram panchayat, and
(c) the Chairman and Vice-chairman of a nagar panchayat, shall be co-extensive with the term of the panchayat.
(2) After the expiry of his term of office, a Sarpanch or, as the case may be, a Chairman shall continue to carry on the current duties of his office until such time as a new Sarpanch or Chairman is elected and takes charge of the office.
46. Resignation of members Sarpanch, Chairman, etc.- (1) The Sarpanch, or as the case may be, the Chairman may resign from his office by tendering his resignation in writing to the competent authority but the resignation shall not take effect until it is accepted by the competent authority.
(2) The Upa-sarpanch, or as the case may be, the Vice-chairman may resign from his office by tendering his resignation in writing to the panchayat but the resignation shall not take effect until it is accepted by the panchayat.
(3) Any other member of the panchayat may resign from his office by tendering his resignation to the Sarpanch or, as the case may be, the Chairman and the resignation shall take effect on the date on which it is received by the Sarpanch or the Chairman.
47. Executive functions of Sarpanch, Chairman, Upa-sarpanch or as the case may be, Vice-chairman.- (1) Save as otherwise expressly provided by or under this Act, the executive power, for the purpose of carrying out the provisions of this Act and the resolutions passed by a gram panchayat or nagar panchayat vests in the Sarpanch or, as the case may be, the Chairman thereof who shall be directly responsible for the due fulfilment of the duties imposed upon the panchayat by or under this Act. In the absence of the Sarpanch or as the case may be, the Chairman his powers and duties shall, save as may be otherwise prescribed by rules, be exercised and performed by the Upa-sarpanch or as the case may be, the Vice-chairman.
(2) Without prejudice to the generality of the foregoing provisions-
(i) in the case of a gram panchayat, its Sarpanch and in the case, of a nagar panchayat, its Chairman shall-
(a) preside over and regulate the meetings of the panchayat;
(b) exercise supervision and control over the acts done and action taken by all officers and servants of the panchayat;
(c) incur contingent expenditure, upto ten rupees at any one occasion;
(d) operate on the fund of the panchayat including authorisation of payment, issue of cheques and refunds;
(e) be responsible for the safe custody of the fund of the panchayat;
(f) cause to be prepared all statements and reports required by or under this Act;
(g) exercise such other powers and discharge such other functions as may be conferred or imposed upon him by this Act or rules made thereunder.
(ii) The Upa-Sarpanch or the Vice-Chairman shall-
(a) in the absence of the Sarpanch or Chairman preside over and regulate the meetings of the panchayat;
(b) exercise such of the powers and perform such of the duties of the Sarpanch or Chairman as the Sarpanch or Chairman may, from time to time, delegate to him;
(c) pending the election of the Sarpanch or the Chairman or in case the Sarpanch or Chairman has been continuously absent from the gram or as the case may be nagar for more than fifteen days or is incapacitated, exercise the powers and perform the duties of the Sarpanch or as the case may be, the Chairman.
(3) In the absence of both the Sarpanch and the Upa-Sarpanch, or as the case may be, the Chairman and the Vice-Chairman, every meeting of the panchayat shall be presided over by such one of the members present as may be chosen by the meeting to be Chairman for the occasion.
48. ??? residence.- (1) A motion of no confidence may be moved by any member of a panchayat against its Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman after giving such notice thereof as may be prescribed.
(2) If the motion is carried by a majority of not less than two-thirda of the total number of the then members of the panchayat, the Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman, as the case may be, shall cease to hold office after a period of three days from the date on which the motion was carried unless he has resigned earlier; and thereupon the office held by him shall be deemed to be vacant.
(3) Notwithstanding anything contained in this Act or the rules made thereunder a Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman, as the case may be, shall not preside over a meeting in which a motion of no confidence is discussed against him; but he shall have a right to speak or otherwise to take part in the proceedings of such a meeting (including the right to vote).
(4) When in the of a gram panchayat the offices of both the Sarpanch and Upa-Sarpanch and in the case of a nagar panchayat, the offices of both the Chairman and Vice-Chairman become vacant simultaneously, Such officer as the Taluka Development Officer may authorise in this behalf shall, pending the election of the Sarpanch or as the case may be, Chairman exercise all the powers and perform all the functions and duties of Sarpanch or as the case may be, Chairman but shall not have the right to vote in any meetings of the panchayat.
49. Removal from Office.- (Removal from Office.) The competent authority may remove from office any member of a panchayat or the Sarpanch, the Upa-Sarpanch, the Chairman or as the case may be, the Vice-Chairman, thereof after giving him an opportunity of being heard and giving due notice in that behalf to the panchayat and after such inquiry as it deems necessary, if such member, Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman, as the case may be, has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties under this Act. The Sarpanch, Upa-Sarpanch, Chairman or as the case may be, Vice-Chairman so removed may at the discretion of the competent authority also be removed from the membership of the panchayat.
(2) The competent authority may, after following the procedure laid down in sub-section (1), disqualify for a period not exceeding four years, any person who has resigned his office as a member, Sarpanch, Upa-Sarpanch Chairman or Vice-Chairman or otherwise ceased to hold any such office and has been guilty of misconduct specified in sub-section (1) or has been incapable of performing his duties:
Provided that an action shall be taken within six months from the date on which the person resigns or ceases to hold, any such office.
(3) Any person aggrieved by an order of the competent authority under sub-section (1) or (2) may, within a period of thirty days from the date of the communication of such order, appeal to the State Government.
50. Leave of absence.- (1) Any member of a gram panchayat or nagar panchayat who, during his term of office-
(a) is absent for more than three consecutive months from the gram or as the case may be, nagar unless leave not exceeding four months so to absent himself has been granted by the panchayat; or
(b) absents himself for four consecutive months from the meetings of the panchayat without the leave of the said panchayat,
shall cease to be a member and his office she be vacant and thereupon the panchayat shall, as soon as may be, inform him that the vacancy has occurred.
(2) Any dispute as to whether a vacancy has or has not occured under this Section shall be referred for decision to the competent authority, whose decision shall be final.
(3) Whenever leave is granted under sub-section (1) to a member who is all Upa-Sarpanch or Vice-Chairman, another member shall, subject to the conditions to which the election of the Upa-Sarpanch or Vice-Chairman so absenting himself was subject, be elected to perform all the duties and exercise all the powers of an Upa-Sarpanch or Vice-Chairman during the period for which such leave is granted.
51. Suspension of Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman.- (1) The District Development Officer may suspend from office the Sarpanch or Upa-Sarpanch of a gram panchayat or as the case may be, the Chairman or Vice-Chairman of a nagar panchayat against whom any criminal proceedings in respect of an offence involving moral turpitude have been instituted or who has been detained in a prison during trial under the provisions of any law for the time being in force.
(2) Where any Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman has been suspended under sub-section (1), another member of the gram panchayat or as the case may be, nagar panchayat shall, subject to the conditions to which the election of the Sarpanch, Upa-Sarpanch, Chairman or, as the case may be, Vico-Chairman so suspended was subject, be elected to perform all the duties and exercise all the powers of a Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman during the period for which such suspension continues.
(3) An appeal shall lie against an order passed under sub-section (1) to the State Government. Such appeal shall be made within a period of thirty days from the date of the order.
52. Eligibility of certain members for re-election.- A member of a gram panchayat or nagar panchayat whose office has become vacant under section 25 or under section 50 shall, if his disqualification or disability has ceased, be eligible for re-election.
53. Filling up of vacancies.- (1) Any vacancy, of which notice has been given to the competent authority in the prescribed manner due to the disablement, death, resignation, disqualification, absence without leave or removal of a Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman or member of a panchayat shall be filled by the election of a Sarpanch, Upa-Sarpanch, Chairman or Vice-Chairman or member, as the case may be, who shall hold office, so long only as the Sarpanch, Upa-Sarpanch, Chairman, Vice-Chairman or member, in whose place he has been elected, would have held office if the vacancy had not occurred:
Provided that if no member is so elected within two months from the date on which notice of the vacancy is given to the competent authority, the competent authority shall, as soon as possible, appoint a person who is qualified to be elected, and the person so appointed shall be deemed to have been duly elected under this sub-section:
Provided further that if vacancy of a member occurs within four months preceding, the-date on which the term of the panchayat expires under section 17, it shall not be filled.
(2) The meeting for the election of the Sarpanch or Upa-Sarpanch of a gram panchayat or of the Chairman or Vice-Chairman of a nagar panchayat under sub-section (1) shall be convened by the competent authority on such date as it may fix.
(3) When the offices of both the Sarpanch and Upa-Sarpanch or the Chairman and Vice-Chairman, as the case may be, become vacant simultaneously, such officer as the Taluka Development Officer may authorise in this behalf shall, pending the election of the Sarpanch or as the case may be, Chairman exercise all the powers and perform all the functions and duties of Sarpanch or as the case may be, Chairman but shall not have the right to vote in any meeting of the panchayat.
54. Vacancy not to affect proceedings of panchayats.- During any vacancy in a gram panchayat or nagar panchayat the continuing members may act as if no vacancy had occurred.
Part II
Taluka Panchayats.
55. First meeting of Panchayat and election of President and Vice-President.- (1) On the constitution of a taluka panchayat or on its reconstitution under section 17 or under any other provisions of this Act there shall be called the first meeting thereof for the election of its President and vice-President.
(2) The meeting shall be held on such day within four weeks from the date of its preliminary meeting hold under section 43 as may be fixed by the competent authority:
Provided that where no day is fixed within the aforesaid period of four weeks, the competent authority shall report the fact to the State Government or an officer or authority authorised by the State Government and the meeting shall be held on such day as the State Government or the said officer or authority, as the case may be, may specify.
(3) The first meeting shall be presided over by such officer as the competent authority may by order appoint in that behalf. Such officer shall, have such powers and follow such procedure as may be prescribed but shall not have the right to vote.
(4) No business other than the election of the President and Vice-President shall be transacted at the meeting.
(5) If at the election under this section, there is an equality of rotes, the result of the election shall be decided by lot drawn in the presence of the presiding officer in such manner as he may determine.
(6) In the event of a dispute arising as to the validity of an election under the foregoing provisions of this section, the dispute shall be referred to the competent authority for decision. The decision of the competent authority shall be final and no suit or other proceeding shall lie against it in any court.
56. Honorarium allowances etc. to President and Vice-President and traveling allowances to members.- (1) The taluka panchayat shall pay to its President an honorarium Rs. 200 per month.
(2)(a) The President shall be entitled without payment of rent, to the use of a residence in the headquarters of the panchayat throughout his firm of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at such rate as the State Government may determine by a general or special order.
(b) No charge shall fall on the President personally in respect of the maintenance of any residence provided under this sub-section.
(3) During the leave or absence of the President the Vice-President shall be paid such honorarium and allowances as may be prescribed.
(4) The President, Vice-President and members of the panchayat shall be entitled to travelling allowances while touring on public business at such rates and upon such conditions as may be determined by rules.
57. Term of office of members, President and Vice-President.- (1) Save as otherwise provided in this Act, the term of office of members, President and Vice-President of a taluka panchayat shall be co-extensive with the term of the panchayat:
Provided that where any person in his capacity as a Chairman of a co-operative society has been elected as a member of the panchayat he shall cease to be a member if he ceases to be such Chairman.
(2) After the expiry of his term of office, the President shall continue to carry on the current duties of his office until such time as a new President is elected and takes charge of his office.
58. Resignation.- (1) The President may resign from his office by tendering his resignation in writing to the competent authority but the resignation shall not take effect until it is accepted by the competent authority.
(2) The Vice-President may resign from his office by tendering his resignation in writing to the panchayat but the resignation shall not take effect until it is accepted by the panchayat.
(3) Any other member of the panchayat other than an ex-officio member may resign by tendering his resignation to the President and the resignation shall take effect on the date on which it is received by the President.
59. Powers and functions of President Vice-President.- (1)(a) The President shall-
(i) convene, preside at, and conduct meetings of the taluka panchayat;
(ii) have access to the records of the panchayat;
(iii) discharge all duties imposed, and exercise all the powers conferred on him by or under this Act;
(iv) watch over the financial and executive administration of the panchayat and submit to the panchayat all questions connected therewith which shall appear to him to require its orders; and
(v) exercise administrative supervision over the Taluka Development Officer for securing implementation of resolutions or decisions of the panchayat or of any committee thereof.
(b) The President may in cases of emergency direct the execution or suspension or stoppage of any work or the doing of any act which requires the sanction of the panchayat or any authority thereof, and immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the Taluka Fund:
Provided that, he shall report forthwith the action taken under this sub-section, and the full reasons therefor, to the Executive Committee or any appropriate Standing Committee at its next meetings.
(2) The Vice-President shall-
(a) in the absence of the President, preside at the meetings of the panchayat;
(b) exercise such of the powers and perform such of the duties of the President as the President from time to time may, subject to the rules made by the State Government in this behalf, delegate to him by an order in writing; and
(c) pending the election of President, or during the absence of the President, exercise the powers and perform the duties of the President.
60. Motion of no confidence.- (1) A motion of no confidence may be moved by any member of a taluka panchayat against its President or Vice-President after giving such notice thereof as may be prescribed.
(2) If the motion is carried by a majority of not less than two-thirds of the total number of the then members of the panchayat, the President or the Vice-President, as the case may be, shall cease to hold office after a period of three days from the date on which the motion was carried, unless he has resigned earlier; and thereupon the office held by such President or Vice-President shall be deemed to be vacant.
(3) Notwithstanding anything contained in this Act or the rules Blade thereunder a President or Vice-President shall not preside over a meeting in which a motion of no confidence is discussed against him; but he shall have a right to speak or otherwise to take part in the proceedings of such a meeting including the right to vote.
(4) When the offices of both the President and Vice-President become vacant simultaneously, the District Development Officer or such other officer as he may authorise in this behalf shall, pending the election of the President, exercise all the powers and perform all the functions and duties of the President but shall not have the right to vote in any meeting of the panchayat.
61. Remove from office.- (1) The competent authority may remove from office any member of a panchayat except an associate member or any President or Vice-President thereof after giving him an opportunity of being heard and giving due notice in that behalf to the panchayat and after such inquiry as it deems necessary, if such member, President or Vice President has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties under this Act. The President or as the case may be, the Vice-President so removed may at the discretion of the competent authority also be removed from the membership of the panchayat.
(2) The competent authority may, after following the procedure laid down in sub-section (1), disqualify for a period not exceeding four years, any person who has resigned his office as a member, President or Vice-President or otherwise ceased to hold any such office and has been guilty of misconduct specified in sub-section (1) or has been incapable of performing his duties:
Provided that an action shall be taken within six months from the date on which the person resigns, or ceases to hold, any such office.
(3) Any person aggrieved by an order of the competent authority under sub-section (1) or (2) may within a period of thirty days from the date of the communication of such order appeal to the prescribed authority.
62. Leave of absence.- (1) Any member of a panchayat who, during his term of office-
(a) is absent for more than three consecutive months from the taluka unless leave not exceeding four months so to absent himself has been granted by the panchayat, or
(b) absents himself for four consecutive months from the meetings of the panchayat without the leave of the said panchayat,
shall cease to be a member and his office shall be vacant and thereupon the panchayat shall, as soon as may be, inform him that the vacancy has occurred.
(2) Any dispute as to whether a vacancy has or has not occurred under this section shall be referred for decision to the competent authority, whose decision shall be final.
(3) Whenever leave is granted under sub-section (1) to a member who is Vice-President another member shall subject to the conditions to which the election of the Vice-President so absenting himself was subject, be elected to perform all the duties and exercise all the powers of a Vice-President during the period for which such leave is granted.
63. Suspension of President or Vice-President.- (1) The competent authority may suspend from office any President or Vice-President against whom any criminal proceedings in respect of an offence involving moral turpitude have been instituted or who has been detained in a prison during trial under the provisions of any, law for the time being in force.
(2) Where any President or Vice-President has been suspended under sub-section (1) another member shall, subject to the conditions to which the election of the President or, as the case may be, Vice-President so suspended was subject, be elected to perform all the duties and exercise all the powers of a President or a Vice-President during the period for which such suspension continues.
(3) An appeal shall lie against an order passed under sub-section (1) to the State Government. Such appeal shall be made within a period of thirty days from the date of the order.
64. Eligibility of certain members for re-election.- A member of a panchayat whose office has become vacant under section 25 or under section 62, shall, if his disqualification or disability has ceased, be eligible for re-election.
65. Filling up of vacancies.- (1) Any vacancy of which notice has been given to the competent authority in the prescribed manner due to the disablement, death, resignation, disqualification, absence without leave or removal of a President, Vice-President or member of a panchayat, shall be filled, by the election of a President or Vice-President or member who shall hold office so long only as the President, Vice-President or member, in whose place he has been elected, would have held office if the vacancy had not occurred;
Provided that if no member is so elected within two months from the date on which notice of the vacancy is given to the competent authority, the competent authority shall as soon as possible appoint a person who is qualified to be elected, and the person so appointed shall be deemed to have been duly elected under this sub-section:
Provided further that if the vacancy of a member occurs within four months preceding the date on which the term of the panchayat expires under section 17, it shall not be filled.
(2) The meeting for the election of a President, Vice-President or member under sub-section (1) shall be convened by the competent authority on such date as it may fix.
(3) When the offices of both the President and Vice-President become Vacant simultaneously, such officer as the Taluka Development Officer may authorise in this behalf shall pending the election of the President exercise all the powers and perform all the functions and duties of President but shall not have the right to vote in any meeting of the panchayat.
66. Vacancy not to affect proceedings of panchayat.- During any vacancy in the panchayat, the continuing members may act as if no vacancy had occurred.
Part III
District Panchayats.
67. First meeting of district panchayat and election of President and Vice-President.- (1) On the constitution of a district panchayat or on its reconstitution under section 17 or under any other provisions of this Act there shall be called, the first meeting thereof for the election of its President and the Vice-President.
(2) The meeting shall be held on such day within four weeks from the date of the preliminary meeting held under section 43, as may be fixed by the competent authority:
Provided that where no day is fixed within the aforesaid period of four weeks the competent authority shall report the fact to the State Government or officer or authority authorised by the State Government and the Meeting shall be held on such day as the State Government or the said officer or authority, as the case may be, may specify.
(3) The first meeting shall be presided over by such officer as the competent authority may by order appoint in that behalf. Such officer shall, have such powers and follow such procedure as may be prescribed but shall not have the right to vote.
(4) No business other than the election of the President and the Vice-President shall be transacted at the meeting.
(5) If at the election under this section, there is an equality of votes, the result of the election shall be decided by lot drawn in the presence of the presiding officer in such manner as he may determine.
(6) In the event of a dispute arising as to the validity of an election under the foregoing provisions of this section, the dispute shall be referred to the competent authority for decision. The decision of the competent authority shall be final and no suit or other proceeding shall lie against it in any court.
68. Honorarium and allowance etc., ??? President and Vice-President and travelling allowances ??? members.- (1) The district panchayat shall pay to its President an honorarium of Rs. 400 per month.
(2)(a) The President shall be entitled, without payment of rent, to the use of a residence throughout his term of office and for a period of fifteen days immediately thereafter, or in lieu of such residence a house allowance at such rate as the State Government may determine by a general or special order.
(b) No charge shall fall on the President personally in respect of the maintenance of any residence provided under this sub-section.
(3) During the leave or absence of the President the Vice-President shall be paid such honorarium and allowances as may be prescribed.
(4) The President, Vice-President and members of the panchayat shall be entitled to travelling allowance while touring on public business at such rates and upon such conditions as may be determined by rules.
69. ??? of office of members of district panchayat and of President and Vice-President.- (1) Save as otherwise provided in this Act, the term of office of members, President and Vice-President of a district panchayat shall be co-extensive with the term of the panchayat;
Provided that where any person being a member of a taluka panchayat in his capacity as a Chairman of a co-operative society has been elected as a member of the district panchayat, he shall cease to be such member if he ceases to be such Chairman.
(2) After the expiry of his term of office, the President shall continue to carry on the current duties of his office until such time as a new President is elected and takes charge of his office.
70. Resignation.- (1) The President may resign from his office by tendering his resignation in writing to the competent authority but the resignation shall not take effect until it is accepted by the competent authority.
(2) The Vice-President may resign from his office fay tendering his resignation in writing to the panchayat but the resignation shall not take effect until it is accepted by the panchayat.
(3) Any other member of the panchayat other than an ex-officio member may resign by tendering his resignation to the President and the resignation shall take effect on the date on which it is received by the President.
71. ??? and ??? President and Vice-President.- (1)(a) The President shall-
(i) convene, preside at, and conduct meetings of the district panchayat
(ii) have access to the records of the panchayat;
(iii) discharge all duties imposed, and exercise all the powers conferred on him by or under this Act;
(iv) watch over the financial and executive administration of the panchayat and submit to the panchayat all questions connected therewith which shall appear to him to require its orders; and
(v) exercise administrative supervision over the District Development Officer for securing implementation of resolutions or decisions of the panchayat or of any Committee thereof.
(b) The President may in cases of emergency direct the execution or suspension or stoppage of any work or the doing of any act which requires the sanction of the panchayat or any authority thereof, and immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such act shall be paid from the District Fund:
Provided that, he shall report forthwith the action taken under this sub-section, and the full reasons therefor, to the Executive Committee or any appropriate Standing Committee at its next meetings.
(2) The Vice-President shall-
(a) in the absence of the President, preside at the meetings of the panchayat;
(b) exercise such of the powers and perform such of the duties of the President as the President from time to time may, subject to the rules made by the State Government in this behalf, delegate to him by an order in writing; and
(c) pending the election of President, or during the absence of the President, exercise the powers and perform the duties of the President.
72. Motion of no confidence.- (1) A motion of no confidence may be moved by any member of a district panchayat against its President or Vice-President after giving such notice thereof as may be prescribed.
(2) If the motion is carried by a majority of not less than two-thirds of the total number of the then members of the panchayat, the President or the Vice-President, as the case may be, shall cease to hold office after a period of three days from the date on which the motion was carried, unless no has resigned earlier; and thereupon the office held by such President or Vice-President shall be deemed to be vacant.
(3) Notwithstanding anything contained in this Act or the rules made thereunder a President or Vice-President shall not preside over a meeting in which a motion of no confidence is discussed against him; but he shall have a right to speak or otherwise to take part in the proceedings of such a meeting (including the right to vote).
(4) When the offices of both the President and Vice-President become vacant simultaneously, the District Development Officer or such other officer as lie may authorise in this behalf shall, pending the election of the President, exorcise all the powers and perform all the functions and duties of the President, but shall not have the right to vote in any meetings of the panchayat.
73. Remaval from office.- (1) The competent authority may remove from office any member of a panchayat except an associate member, or a President or Vice-President thereof after giving him an opportunity of being heard and giving due notice in that behalf to the panchayat and after such inquiry as it deems necessary, if such member, President or Vice-President has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties under this Act. The President or, as the case may be, the Vice-President so removed may at the discretion of the competent authority also be removed from the membership of the panchayat.
(2) The competent authority may, after following the procedure laid down in sub-section (1), disqualify for a period not exceeding four years, any person who has resigned from his office of member, President or Vice-President or otherwise ceased to hold any such office and has been guilty of misconduct as specified in sub-section (1) or has been incapable of performing his duties:
Provided that such action shall be taken within six months from the date on which the person resigns or ceases to hold, any such office.
(3) Any person aggrieved by an order of the competent authority under sub-section (1) or (2) may, within a period of thirty days from the date of the communication of such order appeal to the prescribed authority.
74. Leave of absence.- (1) Any member of a panchayat who, during his term of office-
(a) is absent for more than three consecutive months from the district, unless leave not exceeding four months so to absent himself has been granted by the panchayat or
(b) absents himself for four consecutive months from the meetings of the panchayat, without the leave of the said panchayat,
shall cease to be a member and his office shall be vacant and thereupon the panchayat shall, as Boon as may be, inform him that the vacancy has occurred.
(2) Any dispute as to whether a vacancy has or has not occurred under this section shall be referred for decision to the competent authority, whose decision shall be final.
(3) Whenever leave is granted under sub-section (1) to a member who is Vice-President another member shall subject to the conditions to which the election of the Vice-President so absenting himself was subject, be elected to perform all the duties and exercise all the powers of a Vice-President during the period for which such leave is granted.
75. Suspension of President of Vice-President.- (1) The competent authority may suspend from office any President or Vice-President against whom any criminal proceedings in respect of an offence involving moral turpitude have been instituted or who has been detained in a prison during trial under the provisions of any law for the time being in force.
(2) Where any President or Vice-President has been suspended under sub-section (1) another member shall, subject to the condition to which the election of the President or, as the case may be, Vice-President suspended was subject, be elected to perform all the duties and exercise all the powers of a President or a Vice-President during the period for which such suspension continues.
(3) An appeal shall lie against an order passed under sub-section (1) to the State Government. Such appeal shall be made within a period of thirty days from the date of the order.
76. Eligibility of certain members or rejection.- A member of a panchayat whose office has become vacant under section 25 or under section 74, shall, if his disqualification or disability has ceased, be eligible for re-election.
77. Filling up of vacancies.- (1) Any vacancy of which notice has been given to the competent authority in the prescribed manner due to the disablement, death, resignation, disqualification, absence without leave or removal of a President, Vice-President or member of the panchayat shall be filled, by the election of a President or Vice-President or member who shall hold office so long only as the President, Vice-President or member, in whoso place he has been elected, would have held office if the vacancy had not occurred:
Provided that if no member is so elected within two months from the date on which notice of the vacancy is given to the competent authority, the competent authority shall as soon as possible appoint a person who is qualified to be elected, and the person so appointed shall be deemed to have been duly elected under this sub-section:
Provided further that if the vacancy of a member occurs within four months preceding the date on which the term of the panchayat expires under Section 17, it shall not be filled.
(2) The meeting for the election of a President, Vice-President or member under sub-section (1) shall be convened by the competent authority on such date as it may fix.
(3) When the offices of both the President and Vice-President become vacant simultaneously, such officer as the District Development Officer may authorise in this behalf shall pending the election of the President exercise all the powers and perform all the functions and duties of President but shall not have the right to vote in any meeting of the panchayat.
78. Vacancy not to affect proceedings of panchayat.- During any vacancy in the panchayat, the continuing members may act as if no vacancy had occurred.
Chapter-V - Conduct of Business, administrative powers and duties, property and fund and accounts etc. of Panchayats
CHAPTER V
Conduct of Business, administrative powers and duties, property and fund and accounts etc. of Panchayats.
Part I
Provisions relating to Gram Panchayats and Nagar Panchayats
(A) General.
79. Provisions of Part I to apply to gram and nagar panchayats.- The provisions of this part shall unless specifically distinguished apply generally to gram panchayats and nagar panchayats.
(B) Conduct of business.
80. Meeting of a panchayats.- The meeting of a panchayat shall be held at such intervals as may be prescribed:
Provided that the Sarpanch or, as the case may be, the Chairman for any specified reason may, and upon the written request of not leas than one third of the members shall, call a meeting of the panchayat at any other time.
81. Gram Panchayat committees, their constitution, powers, functions and duties.- (1) A gram panchayat shall for each year constitute the following committees for exorcising such of its powers and performing such of its functions and duties as the panchayat may assign to each such committee, namely:-
(i) A Production Committee for performing functions relating to agricultural production, animal husbandry and industries.
(ii) An Education Committee for performing functions pertaining to literacy drives including pre-primary education, primary education, adult education and other cultural activities.
(iii) A Public Health and Public Works Committee for performing the rest of the functions of the panchayat.
(2) Each Committee shall consist of three members elected by the panchayat from amongst its members and the members of the committee shall elect from amongst themselves the chairman of the committee.
Provided that-
(a) where the Sarpanch and Upa-Sarpanch both are members of any such committee, the Sarpanch and
(b) where only one of them is a member thereof, he shall be the ex-officio Chairman of such Committee.
(3) A member once elected to a Committee shall be eligible for re-election.
(4) A member may resign from membership of a committee by tendering his resignation to the panchayat.
(5) Any vacancy occurring in a committee shall be filled by election under sub-section (2).
(6) Such of the powers, functions and duties of the panchayat as are not assigned to any committee shall be exercised and performed by the panchayat.
(7) The panchayat may at any time withdraw from any committee the powers, functions and duties assigned to it and assign the same to any other committee.
(8) In addition to the aforesaid committees, a gram panchayat may constitute one or more committees consisting of such members of the panchayat and other residents of the gram as the panchayat may determine, or appoint any of its members, to execute any work or scheme decided upon by the panchayat or to inquire into and report to the panchayat on matters which the panchayat may refer to such committee or member. The panchayat may regulate the procedure of any such committee.
82. Nagar panchayat committees, their constitution, powers, functions and duties.- (1) A nagar panchayat shall for the performance of its functions constitute for each year the following committees, namely:-
(i) A Production Committee for performing functions relating to agricultural production, animal husbandary, electrical energy, soil conservation, contour bunding and soil reclamation.
(ii) An Education Committee for performing functions pertaining to literacy drive including pre-primary education, adult education and other cultural activities.
(iii) A Health and Public Works Committee for performing functions pertaining to communications, building, natural calamities, public health, sanitation, water supply, vaccination and family planning.
(iv) A Co-operation and Social Welfare Committee for performing functions pertaining to co-operative movement, village and cottage industries, small saving schemes, social welfare, prohibition and removal of untouchability.
(v) An Executive Committee for performing functions pertaining to finance and such other functions and duties of the panchayat (including supervision over other committees) as are not assigned to any other committee.
(2)(i) The Executive Committee shall consist of not less than five and not more than eight members as may be determined by the panchayat the Chairman of the panchayat and the Chairmen of other committees shall be ex-officio members of the Executive Committee. The remaining members of the committee shall be elected by the panchayat from amongst its members:
Provided that where the Chairman of the Panchayat is also a Chairman of one or more of the committees, other than the Executive Committee, then a member elected by each such committee from amongst its members shall be an ex-officio member of the Executive Committee.
(ii) Each of the other committees mentioned in sub-section (1), shall consist of not less than five members as may be determined by the panchayat. The members shall be elected by the panchayat from amongst its members.
(3)(i) The Chairman of the panchayat shall he ex-officio chairman of the Executive Committee.
(ii) In the case of other committees, the members of each committee shall elect from amongst themselves the Chairman thereof:
Provided that-
(a) Where the Chairman and Vice-Chairman both are members of such committee, the Chairman and
(b) Where only one of them is a member, he shall be ex-officio Chairman of such committee.
(4) A member once elected to a committee shall be eligible for re-election.
(5) A member may resign from membership of a committee by tendering his resignation to the panchayat.
(6) Any vacancy occurring in the constitution of a committee shall be filled by election under sub-section (2).
(7) The Committee so constituted shall in the performance of their functions exercise such powers and discharge such duties of the panchayat as may be assigned to them by the panchayat.
(8) The panchayat may at any time withdraw from any committee the powers, functions and duties assigned to it and assign the same to any other committee.
(9) In addition to aforesaid committees, a nagar panchayat may constitute one or more committees consisting of such members of the panchayat and other residents of the nagar as the panchayat may determine or appoint any of its members, to execute any work or scheme decided upon by the panchayat or to inquire into and report to the panchayat on matters which the panchayat may refer to such committee or member. The panchayat may regulate the procedure of any such committee.
83. Meetings of gram sabha.- (1) There shall be held at least two meetings of the gram sabha every year on such date, at such time and place, as may be prescribed:
Provided that the Sarpanch may, at any time on his own motion, and shall, if required by the taluka panchayat or district panchayat, call a meeting of the gram sabha.
(2) Any officer authorised in this behalf by the taluka panchayat or district panchayat by general or special order shall have the right to speak in, and otherwise to take part in, the proceedings of a meeting of the gram sabha, but shall not he entitled to vote.
(3) Unless otherwise provided in this Act, the Sarpanch, and in the absence of the Sarpanch, the Upa-Sarpanch shall preside over every meeting of the gram sabha. In the absence of the Sarpanch and Upa-Sarpanch, the members of the gram sabha shall elect one of the members of the panchayat present to preside.
(4) If any dispute arises as to whether a person is entitled to attend a meeting of a gram sabha, such dispute shall be decided by the person presiding, regard being had to the entry in the list of voters for the whole of the gram or ward thereof, as the case may be, and his decision shall he final.
84. Panchayat to place before gram sabha statement of accounts etc. and duties of gram sabha.- (1) The first meeting of the gram Sabha in every year shall be held within two months from the commencement of that year, and the gram panchayat shall pi a no before such meeting-
(i) the annual statement of accounts;
(ii) the report on the administration in the preceding financial year;
(iii) the development and other programme of work proposed for the current financial year;
(iv) the last audit note and replies (if any) made thereto;
(v) any other matter which the taluka panchayat and district panchayat requires to be placed before such meeting.
(2) It shall be open to the gram sabha to discuss any or all of the matters placed before it under sub-section (1) and the panchayat shall consider suggestions, if any, made by the gram sabha.
(3) A gram sabha shall carry out any other functions as may be prescribed.
85. Procedure in respect of meetings.- Save as provided in this Act, the time and place of a meeting of a panchayat or a committee thereof, the quorum for such meeting, the procedure for calling such meeting and the procedure at such meeting shall be such as may be prescribed.
86. Questions to be decided by majority of votes.- All questions before a meeting of a panchayat or committee thereof or of a gram sabha shall be decided by a majority of votes of the members present and unless otherwise provided in this Act, the presiding officer of the meeting shall have a second or casting vote in all cases of equality of votes.
87. Modification or cancellation of resolutions.- No resolution of a panchayat shall be modified, amended, varied or canceled by a panchayat within a period of three months from the date of the passing thereof, except by a resolution supported by two-thirds of the whole number of members of such panchayat.
(C) Administrative powers and duties.
88. Administrative powers of panchayats.- Subject to the provisions of this Act it shall be the duty of each panchayat to make in the area within its jurisdiction, and so far as the fund at its disposal will allow, reasonable provision in regard to all or any of the matters specified in Schedule I.
89. Other functions of panchayat.- (1) A panchayat may with the previous sanction of the district panchayat incur expenditure on educational or medical relief outside its jurisdiction if its finances permit.
(2) A panchayat may also make provision, for carrying out in the areas, within the limits of its jurisdiction any other work or measure which is likely to promote the health, safety, education, comfort, convenience, or social or economic, or cultural well-being of the inhabitants of the area, including secondary education.
(3) A panchayat may, by resolution passed at its meeting and supported by two-thirds of the whole number of members make provision for any public reception, ceremony or entertainment in the area within its jurisdiction or may make contribution towards an annual gathering or such other gathering of panchayats in the district or the State or towards the fund of any institution which is established with the object of promoting the spirit of community, self-help and mutual and among village folk and suggesting ways and means for the efficient administration of panchayats and which is recognised by the State Government:
Provided that except with the previous sanction of the taluka panchayat, the panchayat shall net incur expenditure exceeding twenty-five rupees on any such reception, ceremony, entertainment or gathering.
(4) If in respect of any land it comes to the notice of a panchayat that on account of the neglect of the occupant or superior holder thereof or dispute between him and his tenant, the cultivation of the land has seriously suffered, the panchayat may bring such fact to the notice of the competent authority.
(5) A panchayat shall, in regard to the measures for the amelioration of the condition of Scheduled Castes and Scheduled Tribes and other backward classes, and, in particular, in the removal of untouchability, carry out the directions or orders given or issued in this regard front time to time by the State Government or the competent authority.
(6) A panchayat shall perform such other duties and functions as are entrusted to it by or under any other law for the time being in force.
(7) It shall be lawful for a panchayat to render financial or other assistance to any person for carrying on in the gram or as the case may be, nagar any activity which is related to any of the matters specified in Schedule I.
90. Power to compromise.- (1) A gram panchayat or, as the case may be, a nagar panchayat may compromise in rospect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient:
Provided that, if any sanction in the making of any contract is required by this Act, the like previous sanction shall be obtained for compromising any claim or demand arising out of such contract.
(2) The panchayat may make compensation out of its fund to any person sustaining any damage by reason of the exercise of any of the powers vested ??? it and its officers and servants under this Act.
91. Local enquiry and reports ??? Gram panchayats.- It shall be the duty of every gram panchayat to enquire and report in any of the following cases:-
(a) any case where a magistrate has directed that a previous local investigation be made by a gram panchayat under section 202 of the Code of Criminal Procedure, 1898, (V of 1898) and the words "such other person" in sub-section (1) of the said section shall be deemed to include a gram panchayat,
(b) any case in which a magistrate making an inquiry under section 488 of the Code of Criminal Procedure, 1898, (V of 1898) may require from the gram panchayat in whose jurisdiction either the wife or child for whose maintenance the application is made or the husband or parents respectively of such wife or child resides, report as to the amount of maintenance which, having regard to the circumstances of the parties, should be payable and such report shall be evidence in such inquiry:
Provided that no member of the gram panchayat shall be required to attend as a witness touching any matter on which the report is itself evidence, but the magistrate may, in his discretion, call for a further report.
92. Power of gram or nagar panchayat to manage institutions or execute work transferred to it by taluka or district panchayat.- In the case of any institution managed by a taluka panchayat or district panchayat, or of any work to be done out of the fund of a taluka panchayat or district panchayat, the taluka panchayat or, as the case may be, the district panchayat may, if the gram or nagar panchayat so agrees entrust to the gram or nagar panchayat, as the case may be, the management of such institutions or the execution of such work:
Provided that in every such case, the funds necessary for such management or execution shall be placed at the disposal of the panchayat by the taluka panchayat or as the case may be, the district panchayat.
93. Control on creation of buildings.- (1) No person shall erect or re-erect or commence to erect or re-erect within the limits of the gram or nagar as the case may be, any building without the previous permission of the panchayat.
(2) Permission shall be presumed to have been granted if the panchayat fails to communicate its sanction or refusal in respect thereof within one month from the date of receipt of the application for the permission; in case of refusal, the panchayat shall communicate to the applicant the reasons thereof; and an appeal shall lie against any such order of refusal to the President of the taluka panchayat.
(3) No person, who becomes entitled under sub-section (1) or (2) to proceed with any intended work of erection or re-erection, shall commence such work after the expiry of one year from the date on which he became entitled to proceed therewith, unless he shall have again become so entitled by a fresh compliance with the provisions of sub-section (1) or (2) as the case may be.
(4) Whoever erects or re-erects or commences to erect or re-erect any building without such permission or in any manner contrary to the provisions of sub-section (1) or any by-law in force, or any conditions imposed by the panchayat shall, on conviction be punished with fine, which may extend to fifty rupees and in the case of a continuing contravention, he shall be liable to an additional fine which may extend to five rupees for each day during which such contravention continues after conviction for the first such contravention.
(5) Without prejudice to the penalty prescribed in sub-section (4), the panchayat may-
(a) direct that the erection or re-erection be stopped;-
(b) by written notice require such erection or re-erection to be altered or demolished, as it may deem necessary,
and, if the requirement under clause (b) is not complied with within the time fixed in the notice, the panchayat may cause the alteration or demolition to be carried out by its officers and all the expenses incurred by the panchayat therefor shall he recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX:
Provided that when a notice for bringing any action against any direction for the alteration or demolition of any erection or re-erection issued under this sub-section has been given under sub-section (2) of section 320, alteration or demolition shall not be caused to be carried out until the expiry of the period of swell notice and a further period of seven days.
(6) Nothing contained in this section shall apply to any building which is used or required for public service or for any public purpose, and if the property of the State or Central Government or any local authority, or is to be erected or re-erected by the State or Central Government or the local authority; but reasonable notice of the proposed construction shall be caused to be given to the panchayat, and the objections or suggestions of the panchayat, if any, shall be considered.
Explanation.- The expression "erect" or "re-erect" with reference to a building in this section includes-
(a) any material alteration, or enlargement of or in any building;
(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
(c) such alteration of a building as would effect a change in the drainage or sanitary arrangement or materially affect its security;
(d) the addition of any rooms, buildings, outhouses, or other structures to any building;
(e) the conversion by any structural alteration into a place of religious worship or into a sacred building of any place or building, not originally meant or constructed for such purpose;
(f) roofing or covering an open space between walls and buildings as regards the structure which is formed by roofing or covering such space;
(g) conversion into a stall, shop, warehouse, or godown of any building not originally constructed for use as such or vice versa;
(h) construction in a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land.
94. Obstraction and encroachments upon public streets and open sitee.- (1) Whoever, within the limits of the gram or nagar as the case may be-
(a) builds or sets up any wall, or any fence, rail post, stall verandah, platform, plinth, step or structure or thing or any other encroaohment, or obstruction, or
(b) deposits, or causes to be placed or deposited, any box, bale, package or merchandise, or any other thing, or
(c) without written permission given to the owner or occupier of a building by a panchayat, puts up, so as to project from an upper storey thereof, any verandah, balcony, room or other structure or thing, in or over any public street or place, or in or upon any open drain, gutter, sewer or aqueduct in such street or place, or contravenes any conditions subject to which any permission as aforesaid is given or the provisions of any bye-law made in relation to any such projections or cultivates or makes any unauthorized use of any grazing land, not being private property, shall on conviction, be punished with fine, which may extend to fifty rupees, and with further fine which may extend to five rupees for each day on which such obstruction, deposit, projection, cultivation or unauthorized use continues after the date of first conviction for such offence.
(2) The panchayat may remove any such obstruction or encroachment and remove any crop unauthorisedly cultivated, on grazing land or any other land not being private property, and may remove any unauthorised obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the panchayat or not:
Provided that if the site be vested in the State Government, the permission of the Collector or any officer authorised by him in this behalf, shall have first been obtained; the expense of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX:
Provided further that when before the removal of any such encroachment or projection a notice for bringing action in that behalf has been given under sub-section (2) of section 320, no action for the removal of the encroachment or projection shall be taken until the expiry of the period of such notice and a further period of seven days.
(3) The power under sub-section (2) may be exercised in respect of any obstruction, encroachment or projection referred to therein whether or not such obstruction, encroachment or projection has been made before or after the gram or nagar is declared as such under the Act or before or after the property is vested in the panchayat.
(4) Whoever not being duly authorised in that behalf removes earth, sand or other material from, or makes any encroachment in or upon any open site which is not private property, shall, on conviction, be punished with fine which may extend to fifty rupees, and, in the case of an encroachment, with further fine which may extend to five rupees for every day on which the encroachment continues after the date of first conviction.
(5) Nothing contained in this section shall prevent the panchayat from allowing any temporary occupation of, or erection in, any public street on occasions of festivals and ceremonies, of the piling of fuel in by-lanes and sites for not more than seven days, and in such manner as not to inconvenience the public or any individual or from allowing any temporary erection on, or putting projection over, or temporary occupation of, any such public street or place for any other purpose in accordance with the bye-laws made under this Act.
(6) If the panchayat finds it difficult to remove any obstruction or encroachment or any crop unauthorisedly cultivated on grazing land as referred to in sub-section (2), the taluka panchayat or such officer of the taluka panchayat as the taluka panchayat may authorise in this behalf shall exercise the powers under sub-section (2) and take action to remove the obstruction, encroachment or as the case may be, the crop.
(7) The taluka panchayat may, take action referred to in sub-section (6) suo motu or whenever it is reported to it that though the panchayat was moved to take action under sub-section (2) it has not taken any action for three months:
Provided that before taking action suo motu it shall direct the panchayat to take action and if the panchayat fails to do so within a specified time, the taluka panchayat may thereafter take action.
95. Numbering of premises.- (1) The panchayat may, from time to time by written notice, require the owner of any premises or part thereof, either to put up, by means of a metal plate a number or sub-number on such premises, or part thereof in such position and manner as may be specified in such notice, or to signify in writing his desire that such work shall be executed under the orders of the panchayat.
(2) Any person who destroys, pulls down or defaces any such number or sub-number or puts any number or sub-number different from that put up by order of the panchayat and any owner of any premises or part thereof, who does not at his own expense keep such number or sub-number in good order after it has been put up thereon, shall, on conviction, be punished with fine which may extend to twenty rupees.
(3) Where a number or sub-number is put up on any premises or part thereof under the orders of the panchayat in accordance with sub-section (1), the expenses of such work shall be payable by the owner of such premises or part thereof, as the case may be.
(4) In this section, "premises" means a house, outhouse, stable, shed, but or other structure whether of masonry, bricks, wood, mud, metal or any other material whatsoever whether used as a human dwelling or otherwise.
(D) Property and Fund.
96. Government may vest, certain lands in panchayats.- (1) For the purpose of this Act, the State Government may subject to such conditions and restrictions as it may think fit to impose, vest in a panchayat open Bites, waste, vacant or grazing lands or public roads, streets, bridges, ditches, dikes and fences, wells, river-beds, tanks, streams, lakes, nail as, canals, water-courses, trees or any other property in the gram or nagar, as the case may be, vesting in the Government.
(2) Subject to any conditions and restrictions imposed by the State Government under sub-section (1), and with the previous sanction of the Collector, a panchayat may discontinue or stop up any such public road or street vested in it by the State Government, but which is not longer required as public of road or street and may lease or sell any such land theretofore used for the purposes of such public road or street:
Provided that one month before it is decided to stop up or discontinue such public road or street, the Sarpanch or Chairman as the case may be, shall, by notice signed by him and affixed in the part of the public road or street which is proposed to discontinue or stop up, and published in such other manner as is prescribed, inform the residents of the gram or nagar as the case may be, of the said proposal and consider any objections in writing made thereto; the notice shall indicate the alternative route, if any, which it is proposed to provide or which may already be in existence.
(3) Whenever any public road or street or any part thereof has been so discontinued or stopped up, reasonable compensation shall be paid to every person who was entitled to use such road or street or part thereof, otherwise then as a mere member of the public, as a means of access to or from his property and has suffered damage from such discontinuance or stopping up, and the provisions in the Bombay Highways Act, 1955 (Bom. LV of 1955) in relation to the assessment, apportionment, and payment of compensation shall, mutatis mutandis, apply thereto as they apply in relation to the closure of a highway under section 52 of that Act.
(4) Where any open site or waste, vacant or grazing land vesting in Government has been vested by Government in a panchayat whether before or after the commencement of this Act, then it shall be lawful for the State Government to resume at any time such site or land, if it is required by it for any public purpose:
Provided that in case of any improvement of such site or land made by the panchayat or any other person, the panchayat or person, as the case may be, shall be entitled to compensation equal to the value of such improvement and such value shall be determined in accordance with the provisions of the Land Acquisition Act, 1894.
97. Otter property of gram or Nagar Panchayat.- (1) A taluka panchayat or the district panchayat may from time to time direct that any property vesting in it shall vest in a gram panchayat or nagar panchayat and thereupon notwithstanding anything contained in the Transfer of Property Act, 1882, (IV of 1882) or the Indian Registration Act, 1908, (XVI of 1908) such property shall vest in the gram panchayat or nagar panchayat, as the case may be.
(2) Every work constructed by a panchayat out of its fund, or with Government assistance or people's participation shall vest in the panchayat.
98. Limitation on power of Panchayat to transfer immovable property.- (1) Subject to the provisions of sub-section (2), no lease, sale or other transfer of any immovable property vesting in, or acquired by, a panchayat shall be valid unless such lease, sale or other transfer has been made with the previous sanction of the competent authority.
(2) In the case of a lease of immovable property other than the property vesting in the panchayat under section 96, no such previous sanction shall be necessary, if the period of lease does not exceed three years.
99. Gram Fund id Nagar Fund.- (1) There shall be-
(a) in each gram a fund to be called the gram fund, and
(b) in each nagar a fund to be called the nagar fund,
and in this section "relevant fund" means in the case of a gram panchayat the gram fund and in the case of a nagar panchayat the nagar fund.
(2) The following shall be paid into, and form part of the relevant fund, namely-
(a) the amount which may be allotted to the relevant fund by the State Government under the provisions of section 191 of the Bombay District Municipal Act, 1901 (Bom. III of 1901) or under the said Act in its application to the Saurashtra area of the State of Gujarat;
(b) the proceeds of any tax or fee imposed by or assigned to the panchayat under this Act;
(c) all sums ordered to be paid as compensation realised under sections 234 and 235;
(d) all other sums ordered by a Court to be placed at the credit of the relevant fund;
(e) the sale proceeds of all dust, dirt, dung, refuse, or carcasses animals, except in so far as any person is entitled to the whole or a portion thereof;
(f) sums contributed to the relevant fund by the State Government the taluka panchayat or the district panchayat;
(g) all sums received by way of loans from the State Government or the taluka panchayat or the district panchayat or out of the District Development Fund;
(h) all sums received by way of gift or contributions by the panchayat;
(i) the income or proceeds of any property vesting in the panchayat;
(j) fees levied for the institution of suits and cases under section 244;
(k) the net proceeds (after deducting the expenses of assessment and collection) of the cess authorised by section 181;
(l) all sums, realised by way of rent or penalty otherwise than as the amount of any fine in a criminal case;
(m) all sums realised as pound fees after deducting the expenses.
100. Application of relevant Fund.- (1) All property vested in a panchayat under this Act, and all funds received by it in accordance with the provisions of this Act, and all sums accruing to it under the provisions of any law, for the time being in force, shall be applied subject to the provisions and for the purposes of this Act and all such funds and sums shall be kept in such custody as may be prescribed.
(2) In the case of any loan taken by a panchayat, the payment of the principal or instalment thereof and the payment of interest thereon shall be a first charge on its fund.
101. Decision of claims to property by or against gram or nagar panchayat.- (1) In any revenue village to which a survey of lands being lands not ordinarily used for the purpose only of agriculture, has been or is extended under any law for the time being in force, where any property or any right in or over any property is claimed by or on behalf of the panchayat or by any person against the panchayat, it shall be lawful for the Collector, after formal enquiry of which due notice has been given, to pass an order deciding the claim.
(2) Any suit instituted in any Civil Court after the expiration of one year from the date of the communication of any order passed by the Collector under sub-section (1), or if one or more appeals have been made against such order within the period of limitation, then, from the date of the communication of any order passed by the final appellate authority as determined according to section 204 of the Land Revenue Code, shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that the plaintiff has received due notice of such order.
(3)(a) The powers conferred by this section on the Collector may be exercised also by an Assistant or Deputy Collector or by a Survey Officer or such other officer appointed under the said Code.
(b) The formal inquiry referred to in this section shall be conducted in accordance with the provisions relating to such enquiry under the said Code.
(c) A person shall be deemed to have had due notice of any inquiry or order under this section if notice thereof has been given in the prescribed manner.
102. Secretary and servants of panchayats.- (1) Subject to the provisions of this Act and the rules made thereunder-
(a) there shall be a Secretary for every gram panchayat and nagar panchayat who shall be appointed in accordance with the rules;
(b) a gram panchayat or as the case may be, nagar panchayat may appoint such servants as may be necessary for the discharge of its functions and duties under this Act;
Provided that the State Government having regard to the population of a gram and income of the panchayat thereof may direct in respect of a group of gram panchayats that such group shall have one Secretary and thereupon there shall be one Secretary for that group.
(2) A Secretary of a gram panchayat or nagar panchayat shall subject to the control of the Sarpanch or Chairman, as the case may be-
(a) keep in his custody the records and registers of the panchayat,
(b) issue receipts under his signature for sums of money received by him on behalf of the panchayat,
(c) prepare all statements and reports required under this Act, and
(d) perform such other functions and duties under this Act as may be prescribed.
(E) Contribution to District Development Fund.
103. Contribution to District Development Fund.- Every gram panchayat and every nagar panchayat shall contribute every year to the District Development Fund a sum equal to such percentage not exceeding ten percent, of its income from such sources as may be prescribed.
(F) Budget Estimates.
104. Annual Budget Estimates.- (1) Every panchayat (whether a gram panchayat or nagar panchayat) shall have prepared, annually on or before such date and in such form and manner as may be prescribed in this behalf a budget estimate of its income and expenditure for the next year and forward it to the taluka panchayat on or before such date as may be prescribed;
Provided that the budget estimate shall be so prepared that at the end of the year the panchayat shall have at its credit a balance of not less than such minimum amount as may be prescribed in that behalf.
(2) The taluka panchayat shall scrutinise the budget estimate and refer it back to the panchayat within two months of its receipt with such observations and recommendations as it may make in respect of the budget estimate.
(3) The panchayat shall thereupon approve the budget estimate with such modifications as it may think fit having regard to the observations and recommendations made by the taluka panchayat under sub-section (2).
105. Revised or supplementary budget and re-appropriation funds.- (1) A gram panchayat or as the case may be a nagar panchayat may at any time during the year for which any budget estimate has been approved cause a revised or supplementary budget estimate to be prepared. Every such revised or supplementary budget shall be considered and approved by the panchayat in the same manner as if it were an original annual budget estimate:
Provided that the taluka panchayat shall scrutinise the budget and refer it back to the panchayats within one month of its receipt.
(2) Reappropriation of fund in a budget estimate may be made from time to time subject to the same approval as is required for the budget estimates.
106. Except in emergency no sum to be expended unless it has beer included in budget estimates.- (1) Save in the case of a pressing emergency, no sum shall be expended by or on behalf of a nagar or gram panchayat unless such sum is included in some budget estimate approved under section 104 or 105 and in force at the time of incurring the expenditure.
(2) If on a pressing emergency any sum is expended otherwise than in accordance with sub-section (1), the circumstances shall be forthwith communicated in writing to the President of the taluka panchayat with an explanation of the way in which it is proposed by the panchayat to cover such extra expenditure.
107. Accounts of income and expenditure.- Accounts of the income and expenditure of every panchayat shall be kept in such form and manner as may be prescribed and shall be balanced annually on the 1st day of every year.
108. Annual administration report.- (1) The Secretary of every panchayat shall prepare the annual report of the administration of the panchayat and shall place the accounts and the report for approval before the panchayat.
(2) The annual statement of the accounts together with the annual report shall be sent to the district panchayat through the taluka panchayat on or before such date and in such form as may be prescribed.
(G) Audit of the accounts of gram panchayats and nagar panchayats.
109. Audit of accounts of panchayat.- (1) The audit of the accounts of a panchayat shall, until the provisions of the Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930) or any other corresponding law are made applicable thereto, be carried out by the State Government in such manner as may be prescribed and a copy of the audit note shall be forwarded to the panchayat and the taluka panchayat within one month of the completion of the audit.
(2) On receipt of the audit note referred to in sub-section (1), the panchayat shall either remedy any defects or irregularities which may have been pointed out in the audit note and send to the taluka panchayat within three months an intimation of it? having done so or shall, within the said period supply to the taluka panchayat any further explanation in regard to such defects or irregularities as it may wish to give.
(3) On receipt of such intimation or explanation, the taluka panchayat may, in respect of all or any of the matters discussed in the audit note,-
(a) accept the intimation or explanation given by the panchayat and recommend to the Collector to withdraw the objection,
(b) direct that the matter be invetisgated at the next audit or at any earlier date, or
(c) hold that the defects or irregularities pointed out in the audit note or any of them, have not been removed or remedied,
(4) The taluka panchayat shall send a report of its decision to the Collector within one month of the date of receipt by it of the intimation or explanation referred to in sub-section (2), or in the event of the panchayat failing to give such intimation or explanation on the expiry of the period of three months referred to in the said sub-section (2), and shall forward a copy of such report to the panchayat. If the taluka panchayat holds that any defects or irregularities have not been removed or remedied it shall state in the report whether in its opinion the defects or irregularities can be regularised and if so, by what method and if they do not admit of being regularised, whether they can be condoned, and if so, by what authority. The taluka panchayat shall also state whether the amounts to which the defects or irregularities relate should in its opinion be surcharged as hereinafter provided.
(5) The Collector may, after considering the report of the taluka panchayat and after making such further enquiry as he considers necessary, disallow any item which appears to him contrary to law and surcharge the same on the person making or authorizing the making of the illegal payment, and
(a) if the person on whom the surcharge is made be a member, proceed against him in the manner described in sub-sections (2) and (3) of section 178; and
(b) if the person on whom the surcharge is made is not a member, then after taking his explanation direct by order in writing that such person shall pay to the panchayat the amount surcharged, and if the amount be not so paid within one month, the Collector shall recover it as an arrear of land revenue and credit it to the gram or nagar fund.
(6) Any person aggrieved by any order of surcharge made by the Collector under this section may, within one month from the receipt by him of the decision of the Collector, apply to the District Court to modify or set aside such order and that Court after taking such evidence as it thinks necessary, may confirm, modify or remit such surcharge and made such order as to costs as it thinks proper in the circumstances.
(7) The taluka panchayat may by order in writing direct that all or any of its functions under sub-sections (3) and (4) may also be performed by one of its committees.
Part II
Provisions relating to Taluka Panchayats.
(A) Conduct of business.
110. Meetings of taluka panchayat.- The meeting of a taluka panchayat shall be held normally every three months:
Provided that the President for any specified reason may, and upon the written request of not less than one-third of the members shall call the meeting of the taluka; panchayat at any other time.
111. Constitution etc. of Committees to be appointed by taluka panchayat.- (1) A taluka panchayat shall for the parformance of its functions constitute the following committees, namely:-
(i) An Education Committee for performing the functions and duties specified in Part II of Schedule II and any other functions and duties pertaining to education, and other literary and cultural activities as the panchayat may assign to it.
(ii) A Production Committee for performing functions relating to agricultural production, animal husbandry, irrigation, electrical energy, soil conservation, contour bunding and soil reclamation.
(iii) A Public Works Committee for performing functions pertaining to communications, buildings, rural housing and relief against natural calamities.
(iv) A Health Committee for performing functions pertaining to public health, hospitals, health centres, sanitation water supply, vaccination and family planning.
(v) A Co-operation and Small Industries Committee for performing functions pertaining to the co-operative movement, village and cottage industries and small savings schemes.
(vi) A Social Welfare Committee for performing functions pertaining to Social Welfare (including welfare of the backward classes), prohibition and removal of untouchability.
(vii) An Executive Committee for performing functions pertaining to finance, homeguards and village defence and such other functions and duties of the panchayat (including supervision over other committees except the Education Committee) as are not assigned to any other committee.
(2)(i) The Education Committee shall consist of seven members out of which five shall be elected by the taluka panchayat from amongst its members and two shall be co-opted by the taluka panchayat from amongst persons having experience in the field of education and normally residing in the taluka.
(ii) The Executive Committee shall consist of not less than seven and not more than eleven members as may be determined by the taluka panchayat. The President and the Vice-President of the panchayat and the Chairman of all the Committees of the panchayat shall be ex-officio members of the Executive Committee. The remaining members of the committee shall be elected by the taluka panchayat from amongst its members:
Provided that where the President of the panchayat is also a Chairman of one or more of the committees, other than the Executive Committee, then a member elected by each such committee from amongst its members shall be an ex-officio member of the Executive Committee.
(iii) Each of the other committees mentioned in sub-section (1) shall consist of not more than seven members to be elected by the taluka panchayat from amongst its members. The number of members on each such committee shall be determined by the taluka panchayat.
(3)(i) The President of the taluka panchayat shall be ex-officio member and Chairman of the Executive Committee.
(ii) In the case of other committees, the members of each committee, shall elect from amongst themselves the Chairman of the Committee:
Provided that-
(a) where the President and Vice-President both are members of any Committee, the President and
(b) where only one of them is a member, he shall be the ex-officio Chairman of such committee.
(4) The persons co-opted to the Education Committee shall be deemed to be members thereof for all purposes but they shall not be deemed to be members of the taluka panchayat.
(5) A member once elected to a Committee shall be eligible for re-election.
(6)(i) The term of the Education Committee shall be co-extensive with the term of the panchayat.
(ii) Other committees shall be reconstituted in accordance with this section every year during the term of the panchayat.
(7) A member may resign from membership of a committee by tendering his resignation to the panchayat.
(8) Any vacancy of an elected member occurring in the constitution of a committee shall be filled in by election under sub-section (2).
112. Powers of Committees and power of panchayat to withdraw such powers etc.- (1) The Education Committee shall in performing its functions exercise the powers of the panchayat.
(2) Other committees constituted under section 111 shall in the performance of their functions exercise such powers and discharge such duties of the taluka panchayat as may be assigned to them by the panchayat.
(3) A taluka panchayat may at any time withdraw from any committee other than the Education Committee any of the powers, functions and duties assigned to it and assign the same to any other committee.
113. Appointment of a member or committed to inquire into and report on any matter.- A taluka panchayat may appoint any of its members or a committee of members to inquire into and report on any matter referred to them the taluka panchayat may regulate the procedure of any such committee.
114. Procedure in respect of meetings.- Save as provided in this Act, the time and place of a meeting of a taluka panchayat or committee thereof, the quorum for such meeting, the procedure for calling such meeting and the procedure at such meeting shall be such as may be prescribed.
115. Questions to be decided by majority of votes.- All questions before a meeting of a taluka panchayat or committee thereof shall be decided by a majority of votes of the members present and unless otherwise provided in this Act, the presiding officer of the meeting shall have a second or casting vote in all cases of equality of votes.
116. Modification or cancellation of resolutions.- No resolution of a taluka panchayat shall be modified, amended, varied or cancelled by a panchayat within a period of three months from the date of the passing thereof, except by a resolution supported by two-thirds of the total number of members of such panchayat.
(B) Administrative powers and duties
117. Administrative powers of panchayats.- Subject to the provisions of this Act, it shall be the duty of each taluka panchayat to make in the area within the jurisdiction and so far as the fund at its disposal will allow reasonable provision in regard to all or any of the matters specified in Schedule II.
118. Other functions of panchayats.- (1) A taluka panchayat may, with the previous sanction of the district panchayat, incur expenditure on educational or medical relief outside its jurisdiction, if its finances permit.
(2) A taluka panchayat may, subject to rules, grant loans to panchayat subordinate to it, for the purposes of this Act.
(3) A taluka panchayat may also make provision for carrying out within the taluka any Other work, measure, scheme or project which is likely to promote the health, safety, education, comfort, convenience, or social or economic, or cultural well-being of the inhabitants of the taluka or part thereof including secondary education.
(4) A taluka panchayat may, by resolution passed at its meeting and supported by two-thirds of the whole number of members, make provision for any public reception, ceremony or entertainment within the taluka or may make contribution towards an annual gathering or such other gathering of panchayats in the district or the State or towards the fund of any institution which is established with the object of promoting the spirit of community, self help and mutual and among village folk and suggesting ways and means for the efficient administration of panchayats and which to recognized by the State Government.
Provided that except with the previous sanction of the district panchayat, the panchayat Shall not incur expenditure exceeding fifty rupees on any such reception, ceremony, entertainment or gathering.
(5) If in respect of any land it comes to the notice of a taluka panchayat that, on account of the neglect of the occupant or superior holder thereof or dispute between him and his tenant, the cultivation of the land has seriously suffered, the panchayat may bring such fact to the notice of the competent authority.
(6) A taluka panchayat shall, in regard to the measures of the amelioration of the condition of Scheduled Castes and Scheduled Tribes and other backward classes, and, in particular, in the removal of untouchability, carry out the directions or orders given or issued in this regard from time to time by the State Government or the competent authority.
(7) A taluka panchayat shall perform such other duties and functions as are entrusted to it by or under any other law for the time being in force.
(8) It shall be lawful for a taluka panchayat to render financial or other assistance to any person for carrying on in the taluka any activity which is related to any of the matters specified in Schedule II.
(9)(a) A taluka panchayat may compromise in respect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient:
Provided that, if any sanction in the making of any contract is required by this Act, the like previous sanction shall be obtained for compromising any claim or demand arising out of such contract.
(b) The panchayat may make compensation out of its fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it and its officers and servants under this Act.
(C) Property and Fund.
119. Property taluka panehayt.- (1) In addition to the movable or immovable property acquired by a taluka panchayat, the following shall vest in the taluka panchjiyat, namely:-
(a) every road, building or other work constructed by a taluka pancnayat out of the taluka fund with or without the Government assistance or people's participation;
(b) any land or property vesting in the State Government when transferred to a taluka panchayat by the State Government for local public purposes;
(c) any land or property which vesting in any other panchayat when vested in the taluka panchayat by that panchayat for the purposes of this Act:
Provided that any land or property transferred to a taluka panchayat under clause (b) shall not, unless otherwise expressly provided in the instrument of transfer, belong by right of ownership to the panchayat but shall vest in it, subject to the terms and conditions of the transfer and in the circumstances specified in such terms or conditions, the land or property with all things, if any, attached thereto including all fixtures and structures thereon shall revest in the State Government and it shall be lawful for the State Government to resume possession thereof.
(2) Notwithstanding that any immovable property vests in a taluka panchayat, no lease, sale or other transfer thereof shall be valid unless it has been made with the previous sanction of the competent authority:
Provided that in the case of a lease of immovable property other than the property referred to in clause (b) of sub-section (1) no such previous sanction shall be necessary if the period of lease does not exceed three years.
120. ???.- (1) There shall be in each taluka a fund which shall be called a taluka fund.
(2) The folio wing shall be paid into and form part of, the taluka fund, namely:-
(a) the proceeds of any tax or fee imposed by or assigned to the panchayat under this Act;
(b) the sale proceeds of all dust, dirt, dung, refuse, or carcasses of animals, except in so far as any person is entitled to the whole or a portion thereof;
(c) sums contributed to the taluka fund by the State Government or the district panchayat;
(d) all sums received by way of loans from the State Government or the district panchayat or otherwise;
(e) all sums received by way of gift or contributions by the taluka panchayat;
(f) the income or proceeds of any property vesting in the taluka panchayat;
(g) the net proceeds (after deducting the expenses of assessment and collections) of the stamp duty authorised by section 184;
(h) all sums realised by way of rent or penalty otherwise than as the amount of any fine in a criminal case.
121. Application taluka ???.- (1) All property vested in a taluka panchayat under this Act, and all funds received by it in accordance with the provisions of this Act, and all sums accruing to it under the provisions of any law, for the time being in force, shall be applied subject to the provisions and for the purposes of this Act and all such sums and funds shall be kept in such custody as may be prescribed.
(2) In the case of any loan taken by a panchayat, the payment of the principal or instalment thereof and the payment of the interest thereon shall be a first charge on its fund.
(D) Officers and Servants.
122. Secretary officers and Servants of taluka panchayats.- Subject to the provisions of this Act and the rules made there under-
(1) there shall be a Secretary for every taluka panchayat,
(2) the Taluka Development Officer who shall be an officer belonging to the State service and posted under the panchayat, shall be the ex-officio Secretary of the panchayat.
(3) a taluka panchayat may appoint such other officers and servants as may be necessary for the discharge of its functions and duties under this Act.
123. Powers and functions Taluka Development Officer.- (1) Save as otherwise expressly provided by or under this Act, the executive power of a taluka panchayat for the purpose of carrying out the provisions of this Act, shall vest in the Taluka Development Officer who shall, subject to the orders, if any, of the President or of the taluka panchayat, as the case may be-
(a) perform all the powers specifically imposed or conferred; upon him by or under this Act, or under any law for the time being in force; and
(b) lay down the duties of all officers and servants of the taluka panchayat,
(2) Subject to the provisions of this Act and the rules made thereunder the Taluka Development Officer-
(a) shall be entitled to-
(i) attend the meetings of the taluka panchayat, or any of its committees;
(ii) call for any information, return, statement, account or report from any officer or servant of, or holding office under, the taluka panchayat;
(iii) grant leave of absence, for a period not exceeding two months, to such class of officers as may be prescribed by rules;
(iv) call for an explanation from any officer or servant of, or holding office under, the taluka panchayat.
(b) shall, subject to the control of the taluka panchayat discharge duties and perform functions, in respect of matters which by or under this Act are not expressly imposed or conferred on any committee, presiding officer or any officer of the taluka panchayat;
(c) shall appoint such class of officers and servants as may be prescribed;
(d) shall supervise and control the execution of all activities of the taluka panchayat;
(e) shall take necessary measures for the speedy execution of all work and development schemes of the taluka panchayat;
(f) shall have custody of all papers and documents connected with the proceedings of meetings of the taluka panchayat and of its committees;
(g) shall assess and give his opinion confidentially every year on the work of the officers holding office under the taluka panchayat; forward them to such authorities as may be prescribed by the State Government and lay down the procedure for writing such reports about the work of officers and servants under the taluka panchayat;
(h) shall draw and disburse money out of the Fund;
(i) shall exercise supervision and control over the acts of officers and servants holding office under the taluka panchayat in matters of executive administration and those relating to accounts and records of the taluka panchayat; and
(j) shall exercise such other powers and perform such other functions as may be prescribed by the State Government.
(3) Subject to the other provisions of this Act, the Taluka Development Officer shall be under the general control of the taluka panchayat.
(E) Budget Estimate.
124. Annual Budget Estimates.- (1) Every taluka panchayat shall have prepared annually on or before such date and in such form and manner as may be prescribed in this behalf a budget estimate of its income and expenditure for the next year and forward it to the district panchayat on or before such date as may be prescribed:
Provided that the budget estimate shall be so prepared that at the end of the year the panchayat shall have at its credit a balance of not less than such minimum amount as may be prescribed in that behalf.
(2) The district panchayat shall scrutinise the budget estimate and refer it back to the panchayat within two months of its receipt with such observations and recommendations as it may make in respect of the budget estimate.
(3) The taluka panchayat shall thereupon approve the budget estimate with such modifications as it may think fit having regard to the observations and recommendations made by the panchayat under sub-section (2).
125. Revised or implements budget re-appropriation of funds.- (1) A taluka panchayat may, at any time during the year for which any budget estimate has been approved cause a revised or supplementary budget estimate to be prepared. Every such revised or supplementary budget shall be considered and approved by the panchayat in the same manner as if it were an original annual budget estimate:
Provided that the district panchayat shall scrutinise the budget and refer it back to the panchayats within one month of its receipt,
(2) Reappropriation of fund in the budget estimate may be made from time to time subject to the same approval as is required for the budget estimates.
126. Except in emergency sum be expended ??? it has been included budget, estimates.- (1) Save in the case of a pressing emergency, no sum shall be expended by or on behalf of a taluka panchayat unless such sum is included in some budget estimate approved under section 124 or 125 and in force at the time of incurring the expenditure.
(2) If on a pressing emergency any sum is expended otherwise than in accordance with sub-section (1), the circumstances shall be forthwith communicated in writing by the President of the panchayant to the competent authority with an explanation of the way in which it is proposed by the panchayat to cover such extra expenditure.
127. Accounts income and expenditure.- Accounts of the income and expenditure of every panchayat shall be kept in such form and manner as may be prescribed and shall be balanced annually on the 1st day of every year.
128. Annual Administration report.- (1) The Secretary of every panchayat shall prepare the annual report of the administration of the panchayat and shall place the accounts and the report for approval before the panchayat.
(2) The annual statement of the accounts together with the annual report shall be sent to the competent authority through the district parujhayat on or before such date and in such form as may be prescribed.
(F) Audit of the Accounts of panchayats.
129. Audit of Accounts.- The Bombay Local Fund Audit Act, 1930, (Bom. XXV of 1930) or any other corresponding law for the time being extending to any area shall apply to the auditing of the accounts of taluka panchayats.
Part III
Provisions relating to District panchayat.
(A) Conduct of business.
130. Meetings of district panchayats.- The meeting of a district panchayat shall be held normally every three months;
Provided that the President of the panchayat may, for any specified reason, and shall, upon the written request of not less than one-third of the members, call the meeting of the district panchayat at any other time.
131. Constitution etc., of Committees to be appointed by district panchayat.- (1) A District Panchayat shall for the performance of its functions constitute the following Committees, namely:-
(i) An Education Committee for performing the functions and duties specified in Part II of Schedule II and any other functions and duties pertaining to education, and other literary and cultural activities as the panchayat may assign to it.
(ii) A Production Committee for performing functions relating to agricultural production, animal husbandry, irrigation, electrical energy, soil conservation, contour bunding and soil reclamation,
(iii) A Public Works Committee for performing functions pertaining to communications, buildings, rural housing and relief against natural calamities.
(iv) A Health Committee for performing functions pertaining to public health, hospitals, health centres, sanitation, water supply, vaccination and family planning.
(v) A Co-operation and Small Industries Committee for performing functions pertaining, to the co-operative movement, village and cottage industries and small savings schemes.
(vi) A Social Welfare Committee for performing functions pertaining to Social Welfare (including welfare of the Backward Classes), prohibition and removal of untouchability.
(vii) An Executive Committee for performing functions pertaining to finance, home guards and village defence and such other functions and duties of the panchayat (including supervision over other committees except the Education Committee) as are not assigned to any other committee.
(2)(i) The Education Committee shall consist of the two-co-opted members of the district panchayat and five other members elected by the district panchayat from amongst its members.
(ii) The Executive Committee shall consist of not less than seven and not more than eleven members as may be determined by the district panchayat. The President and the Vice-President of the panchayat and the Chairmen of all the other committees of the panchayat shall be ex-officio members of the Executive Committee. The remaining members of the Committee shall be elected by the district panchayat from amongst its members:
Provided that where the Chairman of the panchayat is also a Chairman of one or more of the committees, other than the Executive Committee, then a member elected by each such committee from amongst its members shall be an ex-officio member of the Executive Committee.
(iii) Each of the other committees mentioned in sub-section (1) shall consist of not more than seven members to be elected by the district panchayat from amongst its members. The number of members on each committee shall be determined by the district panchayat.
(3)(i) The President of the district panchayat shall be ex-officio chairman of the Executive Committee.
(ii) In the case of other committees, the members of each committee shall elect from amongst themselves the chairman of the Committee: Provided that-
(a) where the President and the Vice-President both are members of any Committee, the President and
(b) where only one of them is a member, he shall be the ex-officio Chairman of such Committee.
(4) A member once elected to a committee shall be eligible for re-election.
(5)(i) The term of the Education Committee shall be co-extensive with the term of the panchayat.
(ii) Other Committees shall be reconstituted in accordance with this section every year during the term of the panchayat,
(6) A member may resign from membership of a Committee by tendering his resignation to the panchayat.
(7) Any vacancy of an elected member occurring in the constitution of a committee shall be filled in by election under sub-section (2).
(8) The Education Committee shall in performing its functions exercise the powers of the panchayat.
(9) Other committees constituted under this section shall in the performance of their functions exercise such powers and discharge such duties of the district panchayat as may be assigned to them by the panchayat.
(10) A district panchayat may at any time withdraw from any committee other than the Education Committee any of the powers, functions and duties assigned to it and assign the same to any other Committee.
132. Honorarium etc. to Chairman of Education Committee.- (1) The Chairman of the Education Committee of a District Panchayat shall unless he is an ex-officio Chairman thereof under sub-section (3) of section 131 be entitled,-
(a) to an honorarium of Rs. 200 per month,
(b) without payment of rent, to use of a residence in the headquarters of the panchayat throughout his term of office and for a period of fifteen days thereafter or in lieu of such residence a house allowance at such rate as the State Government may, by general or special order determine,
(c) to travelling allowances while touring on public business at such rates and on such conditions as may he proscribed.
(2) No charge shall fall on the Chairman personally in respect of the maintenance of any residence provided under sub-clause (b) of sub-section (1).
133. Appointment of a member or committee to inquire into and report on any matter.- A district panchayat may appoint any of its members or a committee of members to execute any work or scheme or to inquire into and report on any matter referred to it. The district panchayat may regulate the procedure of any such committee.
134. Procedure in respect of meetings.- Save as provided in this Act, the time and place of a meeting of a district panchayat or committee there of, the quorum for such meeting, the procedure for calling such meeting and the procedure at such meeting shall be such as may be prescribed.
135. Questions to be decided by majority of votes.- All questions before a meeting of a district panchayat or committee thereof shall be decided by a majority of votes of the members present and unless otherwise provided in this Act, the presiding officer of the meeting shall have a second or casting vote in all cases of equality of votes.
136. Modification or cancellation of resolutions.- No resolution of a district panchayat shall he modified, amended, varied or cancelled by a panchayat within a period of three months from the date of the passing thereof, except by a resolution supported by two-thirds of the total number of members of such panchayat.
(B) Administrative powers and duties.
137. Administrative powers of panchayats.- Subject to the provisions of this Act, it shall be the duty of each district panchayat to make in the area within the jurisdiction and so far as the fund at its disposal will allow, reasonable provision in regard to all or any of the matters specified in Schedule III.
138. (1) A district panchayat mayj with the previous sanction of the State Government inour expenditure on educational or medical relief outside its jurisdiction, if its finances permit.
(2) A district panchayat may also make provisions for carrying out within the district any other work or measure which is likely to promote the health, safety, education, comfort, convenience, or social or economic, or cultural well-being of the inhabitants of the district.
(3) A district panchayat may, by resolution passed at its meeting and supported by two-thirds of the whole number of members, make provision for any public reception, ceremony or entertainment within the district or may make contribution towards an annual gathering or such other gathering of panchayats in the district or the State or towards the fund of any institution which is established with the object of promoting the spirit of community, self-help and mutual and among village folk and suggesting ways and means for the efficient administration of panchayats and which is recognised by the State Government.
(4) A district panchayat may, subject to rules grant a loan out of its fund to a panchayat subordinate to it, for the purposes of this Act.
(5) A district panchayat shall in regard to the measures for the amelioration of the condition of Scheduled Castes and Scheduled Tribes and other backward classes, and, in particular, in the removal of untouchability, carry out the directions or orders given or issued in this regard from time to time by the State Government or the competent authority.
(6) A district panchayat shall perform such other duties and functions as are entrusted to it by or under any other law for the time being in force.
(7) It shall be lawful for the district panchayat to render financial or other assistance to any person for carrying on in the district any activity which is related to any of the matters specified in Schedule III.
(8)(a) A district panchayat may compromise in respect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient:
Provided that, if any sanction in the making of any contract is required by this Act, the like previous sanction shall be obtained for compromising any claim or demand arising out of such contract.
(b) The panchayat may make compensation out of its fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it and its officers and servants under this Act.
(C) Property and fund.
139. Property of district panchayats.- (1) in addition to the movable or immovable property acquired by a district panchayat, the following shall vest in the district panchayat, namely
(a) every road, building or other work constructed by a district panchayat out of the district fund with or without the Government assistance or people's participation;
(b) any land or property vesting in the State Government when transferred to a district panchayat by the State Government for local public purposes;
(c) any land or other property vesting in any other panchayat, when vested in the district panchayat by that panchayat for the purposes of this Act;
Provided that any land or property transferred to a district panchayat under sub-section (2) shall not, unless otherwise expressly provided in the instrument of transfer, belong by right of ownership to the panchayat but shall vest in it subject to the terms and conditions of the transfer and in the circumstances specified in such terms or conditions, the land or property with all things, if any, attached thereto including all fixtures and structures thereon shall revest in the State Government and it shall be lawful for the State Government to resume possession thereof.
(2) Notwithstanding that any immoveable property vests in a district panchayat, no lease, sale or other transfer thereof shall be valid unless it has been made with the previous sanction of the competent authority:
Provided that in the case of a lease of immovable property other than the property referred to in clause (b) of sub-section (1), no such previous sanction shall be necessary, if the period of lease does not exceed three years.
140. District Fund.- (1) There shall be in each district a fund which shall be called a district fund.
(2) The following shall be paid into and form part of the district fund, namely:-
(a) the proceeds of any tax or fee imposed under this Act;
(b) the sale proceeds of all dust, dirt, dung, refuse, or carcasses of animals, except in so far as any person is entitled to the whole or a portion thereof;
(c) Sums contributed to the district fund by the State Government;
(d) all sums received by way of loans from the State Government or otherwise;
(e) all sums received by way of gift or contributions by the district panchayat;
(f) the income or proceeds of any property vesting in the district panchayat;
(g) the net proceeds (after deducting the expenses of assessment and collections) of the cess authorised by section 169;
(h) all sums realised by way of rent or penalty otherwise than as the amount of any fine in a criminal case.
141. Application of District Fund.- (1) All property vested in a district panchayat under this Act, and all funds received by it in accordance with the provisions of this Act, and all sums accruing to it under the provisions of any law for the time being in force, shall be applied subject to the provisions and for the purposes, of this Act and all such sums and funds shall be kept in such custody as may be prescribed.
(2) In the case of any loan taken by a panchayat, the payment of the principal or instalment thereof and the payment of interest thereon shall be a first charge on its fund.
(D) Officers and servants.
142. Secretary and officers and servants of a district panchayat.- Subject to the provisions of this Act and the rules made thereunder-
(1) there shall be a secretary for every district panchayat;
(2)(a) a District Development Officer posted under the panchayat, shall be ex-officio secretary of the panchayat;
(b) except in the case of the district of Dangs, the post of the District Development Officer shall be borne on the cadre of the Indian Administrative Service (Senior time scale) and shall be filled according to the rules applicable to the posts of that cadre;
(3) a district panchayat may appoint such officers and servants as may be necessary for the discharge of its functions and duties under this Act.
143. Powers and functions of District Development Officer.- (1) Save as otherwise expressly provided by or under this Act, the executive power of a district panchayat for the purpose of carrying out the provisions of this Act, shall vest in the District Development Officer who shall subject to the orders, if any, of the President or of the district panchayat, as the case may be-
(a) perform all the powers specifically imposed or conferred upon him by or under this Act, or under any law for the time being in force; and
(b) lay down the duties of all officers and servants of the district panchayat.
(2) Subject to the provisions of this Act and the rules made thereunder the District Development Officer-
(a) shall be entitled to-
(i) attend the meetings of the district panchayat, or any of its committees;
(ii) call for any information, return, statement, account or report from any officer or servant of, or holding office under, the district panchayat;
(iii) grant leave of absence, for a period not exceeding two months' to such class of officers as may be prescribed by rules;
(iv) call for an explanation from any officer or servant of, or holding office under, the district panchayat;
(b) shall, subject to the control of the district panchayat discharge duties and perform functions, in respect of matters which by or under this Act are not expressly imposed or conferred on any committee, presiding officer or any officer of the district panchayat;
(c) shall appoint such class of officers and servants as may be prescribed;
(d) shall supervise and control the execution of all activities of the district panchayat;
(e) shall take necessary measures for the speedy execution of all works and development schemes of the district panchayat;
(f) shall have custody of all papers and documents connected with the proceedings of meetings of the district panchayat and of its committees;
(g) shall assess and give his opinion confidentially every year on the work of the officers holding office under the district panchayat; forward them to such authorities as may be prescribed by the State Government and lay down the procedure for writing such reports about the work of officers and servants under the district panchayat;
(h) shall draw and disburse money out of the fund;
(i) shall exercise supervision and control over the acts of officers and servants holding office under the district panchayat in matters of executive administration and those relating to accounts and records of the district panchayat; and
(j) shall exercise such other powers and perform such other functions as may be prescribed by the State Government.
(3) Subject to the other provisions of this Act, the District Development Officer shall be under the general control of the district panchayat.
(E) Budget estimates.
144. Budget estimate of district panchayat and re-appropriation of funds.- (1) Every district panchayat shall have prepared annually on or before such date, and in such form and manner as may be prescribed in this behalf a budget estimate of its income and expenditure for the next year;
Provided that the budget estimate shall be so prepared that at the end of the year the panchayat shall have at its credit a balance of not less than such minimum amount as may be prescribed in that behalf.
(2) The district panchayat shall as soon as may be after the said date consider the bud it estimate so prepared and approve the same with or without modification as it shall think fit.
(3) The district panchayat may, if necessary, at any time during the year for which a budget estimate has been approved, cause a revised or supplementary budget estimate to be prepared and shall consider and approve the same in the same manner as if it were an original annual budget estimate.
(4) Re-appropriation of funds in a budget estimate may be made from time to time subject to the same approval as is required for the budget estimate.
145. Copy of budget estimate to be forwarded to competent authority.- A copy of every budget estimate and a statement of every re-appropriation as finally approved under section 144 shall be forwarded by the President of the district panchayat without delay to the competent authority; a copy of the annual budget estimate shall be so forwarded not later than the 18th February.
146. Except on pressing emergency no sum to be expended unless it has been included in budget estimate.- (1) Save in the case of pressing emergency, no sum shall be expended by, or on behalf of any district panchayat unless such sum is included in some budget estimate approved under section 144 and in force at the time of incurring the expenditure.
(2) If on a pressing emergency any sum is expended otherwise than in accordance with sub-section (1) the circumstances shall forthwith be communicated in writing by the President of the district panchayat to the competent authority with an explanation of the way in which it is proposed by the district panchayat to cover such extra expenditure.
147. Accounts and their audit.- (1) Accounts of the income and expenditure of every district panchayat shall be kept in such form and manner as may be prescribed and shall be balanced annually on the 1st day of every year.
(2) The Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930) or any other corresponding law for the time being extending to any area shall apply to the auditing of the accounts of the district panchayats.
148. Annual reports.- (1) The Secretary of the district panchayat shall prepare the annual report of the administration of the panchayat and shall place the accounts and the report for approval before the panchayat.
(2) The annual statement of the accounts together with the annual report shall be sent to the competent authority before such date and in such form as may be prescribed.
Chapter-VI - Provisions as to transfer of certain functions under any enactment to panchayats
CHAPTER VI
Provisions as to transfer of certain functions under any enactment to panchayats.
(A) Transfer of functions relating to recovery of land revenue and cesses under the Land Revenue Code and the law relating to collection of cesses.
149. Recovery of land revenue by panchayats.- The State Government shall, notwithstanding anything contained in the Land Revenue Code, or any law relating to the collection of any cess, for the time being in force in the State, by notification in the Official Gazette, entrust to every gram panchayat and every nagar panchayat any or all of the functions and duties of a village accountant or patel or other similar functions of any other person, by whatever name called, in relation to the collection of land revenue (including cesses) and dues recoverable as arrears of land revenue, which is levied and assessed by or under the Land Revenue Code, or law relating to the collection of any cess for the time being in force in the State, and all other functions and duties of a village accountant under that Code.
150. Responsibility of the panchayats.- The panchayat so entrusted under section 149 shall be responsible for the recovery and collection of the land revenue (including cesses) and other dues of the gram or, as the case may be, nagar in accordance with the provisions of the Land Revenue Code and the rules, instructions and orders made or issued thereunder and the law relating to the collection of such cesses.
151. Confinement of powers and duties or collection of and revenue on panchayats.- Where a panchayat has been entrusted with the functions and duties relating to the collection of land revenue (including cesses) and other duos under section 149, the State Government shall by notification in the Official Gazette, confer on such panchayat, subject to such conditions as may be specified in the notification all or any of the powers of the Collector, for the realization of land revenue and other dues recoverable as arrears of land revenue under the Land Revenue Code, and for the collection of cesses under the law relating thereto, and it shall be competent for the panchayat so empowered to exercise all or any of the powers so conferred in this behalf.
152. Powers of supersession and control of Taluka Development officers and other officers.- In the exercise of the powers conferred upon, and the discharge of the functions entrusted to a panchayat under this Chapter, the Taluka Development Officer and other officers superior to them shall, notwithstanding anything contained in the Land Revenue Code, be deemed to be revenue officers and have and exercise as far as may be, the like authority and control over the panchayats as the Mamlatdars and other revenue officers superior to them have and exercise under the Land Revenue Code or law relating to the collection of such cesses over the village accountant or patel or other functionary.
153. Right of state Government of collect and revenue un-effected.- Notwithstanding anything contained in the provisions hereinbefore the right of the State Government to collect land revenue and any cesss, shall remain unaffected, and if in the opinion of the State Government a panchayat exceeds or abuses its powers under this Chapter or fails to exercise the same, or is incompetent to perform, or makes persistent default in the performance of, the duties imposed or persistently disobeys any of the orders of the Collector with regard to the exercise of any of the said powers, the State Government may, after consultation with the district panchayat and after giving the panchayat an opportunity to render an explanation, by order in the Official Gazelle withdraw all the powers conferred on the panchayat under this Chapter and direct its revenue officers to recover the land revenue or as the case may he, the cesses.
154. Collector to appoint officer on suspension of powers of panchayat.- On the withdrawal under section 163 of the powers conferred of a panchayat, the Collector shall appoint an officer to take charge of the accounts, records and other papers and articles in connection with the recovery of land revenue, or collection of cesses, in the gram or, as the case may he, nagar.
(B) Transfer of the functions of the District School Boards to panchayats.
155. Dissolution of district school boards and transfer of their functions to Taluka panchayats and District panchayats.- (1) Notwithstanding anything contained in the Bombay Primary Education Act, 1947 (Bom. LXV of 1947) and the Saurashtra Primary Education Act, 1966 or any other corresponding law for the time being in force, on and with effect from such date as the State Government may, by notification in the Official Gazette appoint (hereinafter referred to in this Chapter as "the said date") every District school board constituted under the Bombay Primary Education Act, 1947 or, as the case may be, the Saurashtra Primary Education Act, 1956 (Sau. XXXIII of 1956) (hereinafter referred to in this Chapter as "the relevant Act") functioning immediately before the said date (hereinafter referred to in this Chapter as "the existing school board") shall stand dissolved and on such dissolution, the following consequences shall ensue, that in to say-
(a) the chairman, vice-chairman and other members of the existing school board shall be deemed to have vacated their office;
(b) the powers exercised and the functions and duties performed by the existing school board in the local area for which it was functioning immediately before the said date shall be exercised and performed by the taluka panchayats and the district panchayat functioning in that local area in accordance with the order made by the State Government under sub-section (2) (hereinafter referred to in this section as "the said order");
(c) all primary schools with their lands, buildings, records and equipment and other properties, movable and immovable vesting in, held by or under the control of the existing school board immediately before the said date shall vest in, be hold by or be under the control of the taluka panchayats and the district panchayat in aooordance with the distribution made in that behalf under the said order;
(d) the assets, rights and liabilities of the existing school board shall stand transferred to the taluka panchayats and the district panchayat in accordance with the distribution thereof made under the said order;
(e) the employees of the existing school board shall stand transferred to the taluka panchayats and the district panchayat in accordance with the distribution made in that behalf and on such terms and conditions as may be provided, in the said order:
Provided that the terms and conditions of service of any such employee shall not be less favourable than those applicable to him while in service of the existing school board:
Provided further that nothing in this clause shall entitle any employee to claim the same cadre or designation on such transfer.
(2) For giving effect to the provisions of sub-section (1), the State Government, having regard to the Panchayat Functions List, shall, by an order published in the Official Gazette provide for-
(a) the distribution of powers, functions and duties of the existing school board under the relevant Act and of the assets, rights, liabilities of the existing school board, and of the properties vested in, held by or under the control of the existing school board and for the transfer of the employees of the existing school board, among the taluka panchayats and the district panchayat;
(b) the saving of anything done or any action taken by the existing school board before the date and the continuance and disposal of pending proceedings;
(c) all incidental, consequential and supplementary matters as may be necessary to give effect to the provisions of sub-section (1) and for the proper and just distribution of assets, rights and liabilities between taluka panchayats and the district panchayat; and
(d) the adaptations and modifications of the relevant Act, or of any other law whether by way of repeal or amendment as may be necessary to give effect to the provisions of sub-section (1).
(C) Delegation of the functions under the Bombay Co-operative Societies Act, 1925 or any other corresponding enactment in force in the State.
156. Delegation of powers of Registrar of Co-operative societies to panchayats.- (1) Notwithstanding anything contained in the Bombay Co-operative Societies Act, 1925 (Bom. VI of 1925) or any other corresponding enactment for the time being in force in the State of Gujarat, the State Government, having regard to the Panchayat Functions List, may subject to such conditions as it may think fit to impose by an order published in the Official Gazette, delegate to a district panchayat and the taluka panchayats subordinate to it, such powers, functions and duties of the Registrar or any other authority under the said Act or enactment as may be specified in the order.
(2) In particular, such order may provide for the delegation of powers relating to-
(a) the registration of co-operative societies;
(b) the approval of amendment to the by-laws of co-operative societies;
(c) appeals arising out of non-admission of members in a co-operative society;
(d) maintenance of register of co-operative societies;
(e) change in the name or classification of a co-operative society;
(f) permission to co-operative societies to enter into partnership;
(g) the calling of, or extending the period for the calling of, annual general meetings of co-operative societies;
(h) the calling of a special general meeting of a co-operative society;
(i) the disposal of surplus assets of co-operative societies in the event of their winding up;
(j) direction for giving possession of books and papers of the co-operative societies to the successor chairman thereof.
157. Transfer of functions of State Government to panchayats.- (1) Notwithstanding anything contained in any law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer by an order published in the Official Gazette, to a district panchayat any such functions, and duties relating to any matter as are performed by the State Government or any officer of Government under any enactment which the State Legislature is competent to enact, or otherwise in the executive power of the State, and appear to relate to matters arising within a district and to be of an administrative character and shall on such transfer, allot to the district panchayat such fund and personnel as may be necessary to enable the district panchayat to discharge the functions and duties so transferred.
(2) Without prejudice to the generality of the provisions of sub-section (1) the State Government may transfer to the district panchayat such functions and duties as are performed by the following departments of the State, namely:-
(1) Agriculture;
(2) Animal husbandry;
(3) Public Health and Medical relief;
(4) Public Works Department activities in the district;
(5) Social Welfare;
(6) Land Department;
(7) Prohibition Department so far as prohibition propaganda is concerned;
(8) Co-operative Department;
(9) Cottage Industries and Small-scale Industries;
(10) District Statistical Office.
(3) On the transfer of any functions and duties under sub-sections (1) and (2) the district panchayat shall, if the State Government so directs and with the previous approval of the State Government, may delegate to any panchayat subordinate to it any of the functions, powers and duties so transferred and allot to such panchayat such fund and staff as may be necessary to enable the panchayat to discharge the functions and duties so delegated.
(4) Where any functions, and duties conferred by or under any enactment are be transferred or delegated, that enactment shall have effect as if this section had been incorporated in that enactment.
(5) The matters in respect of which the functions and duties are transferred or delegated under this section shall be deemed to be included in the Panchayat Functions List.
158. Transfer to panchayats functions performed by Government before the commencement of this Act.- (1) Any functions and duties relating to any of the matters specified in the Panchayat Functions List performed before the commencement of this Act by the State Government through its officers within a gram, nagar, taluka or district shall, subject to such exceptions as the State Government may by order in writing specify, be transferred to the district panchayat together with the funds provided, and the staff employed, therefor.
(2) On such transfer, the district panchayat may, with the previous approval of the State Government, delegate to any panchayat subordinate to it any of the functions and duties so transferred.
Chapter-VII - Cattle Pounds
CHAPTER VII
Cattle Pounds.
159. Cattle Trespass Act to cease to apply.- In any local area which is declared on deemed to be a gram or nagar under this Act, the provisions of the Cattle Trespass Act, 1871, (I of 1871) or any law corresponding to that Act in force in any part of the State shall cease to apply in relation to such local area:
Provided that-
(a) nothing in this section shall affect the liability of any person to any penalty under any law so ceasing to be in force;
(b) any appointment, notification, order, rule made or issued under any such law in respect of any cattle pounds within the limits of such gram or nagar shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act and continue in force until superseded by any notification, order or rule made under this Act;
(c) any cattle pound in the local area established under any law so ceasing to be in force shall be deemed to be vested in the gram panchayat or nagar panchayat within whose limits it is situate and shall be maintained and managed by the panchayat in accordance with the provisions of this Act.
160. Power to establish cattle pounds and of point pound keepers.- (1) Notwithstanding anything contained in any law for the time being in force, every gram panchayat, or as the case may be, nagar panchayat within the limits of its jurisdiction shall from time to time, appoint such places as it thinks fit to be public pounds, and may appoint to be keepers of such pounds such persons as may be approved by the District Magistrate. The duties of pound keepers shall be such as may be prescribed.
(2) Every pound keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the panchayat by which he is appointed.
161. Penalty for allowing cattle to stray in street or to trespass upon private or public property.- (1) Whoever, within the limits of a gram or nagar, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished-
(i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both;
(ii) for a second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.
(2) The Magistrate trying the offence under sub-section (1), may order,-
(a) that the accused shall pay such compensation, not exceeding two hundred and fifty rupees as the Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or to the produce of land, by the cattle under the control of the accused, trespassing on his land; and also,
(b) that the cattle in respect of which the accused is convicted shall be forfeited to the State Government.
(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section.
(4) An offence under this section shall be cognisable.
(5) Nothing contained in sub-section (1) shall render any person liable to any punishment provided in that sub-section, if in the opinion of the Court, the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
162. Impounding cattle.- (1) It shall be the duty of every Police Officer and a watch and Ward appointed by the panchayat, and it shall be lawful for any other person, to seize and take to any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the limits of the gram or nagar, as the case may be.
(2) Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term not exceeding six months or with fine not exceeding five hundred rupees, or with both.
164. Sale of cattle not claimed.- (1) If within seven days after any cattle have been impounded, no person appearing to be the owner of such cattle offers to pay the pound-fee and expenses chargeable under section 165 such cattle shall be forthwith sold by auction in the prescribed maimer and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale, shall be paid to any person who, within fifteen days after the sale, proves to the satisfaction of such officer as the panchayat authorises in this behalf that he was the owner of such cattle and shall in any other case, form part of the gram fund or, as the case may be, nagar fund.
(2) No Police Officer, or officer, member or servant of the panchayat including the pound-keeper shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).
165. Pound-fees and expenses chargeable to be fixed.- (1) The pound-fee chargeable shall be such as the State Government may from time to time by notification in the Official Gazette specify for each kind of cattle.
(2) The expenses chargeable shall be at such rates for each day during any part of which any cattle is impounded, as shall from time to time be fixed by the panchayat with the previous approval of the District panchayat.
166. Complaints of illegal seizure or detention.- (1) Any person whose cattle have been seized under this Act or having been so seized, have been detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the first class.
(2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. If the Magistrate on examining the complainant or his agent sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.
(3) If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant in procuring the release of the cattle, and, if the cattle have not been released the Magistrate shall besides awarding such compensation order their release, and direct that the fees and expenses leviable under this Act shall be paid by the person who made the seizure or detained the cattle.
(4) The compensation, fees, and expenses mentioned in this section may be recovered as if they were fines imposed by the Magistrate.
167. Security in respect of impounded cattle.- (1) In any gram or nagar to which the State Government may, by notification in the Official Gazette, apply this section, every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the prescribed form a declaration regarding the ownership of such cattle and to deposit by way of security such sum as may be prescribed. Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times the cattle are impounded and different scales may be prescribed for different grams and nagars.
(2) If any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a part thereof, as may be directed by the State Government by rules made in this behalf, shall stand forfeited to the State Government. If cattle are not impounded as aforesaid, the amount of security deposit shall, on an application made by or on behalf of the depositor be refunded to him on the expiry of that period.
(3) On every occasion on which the release of the cattle impounded under this Act is claimed, the owner of the cattle shall deposit a fresh security.
168. Removal of cattle to specified places.- (1) If in any local area to which the State Government may, by notification in the Official Gazette, apply this section, a Mamlatdar or Mahalkari is satisfied-
(i) that the grazing land set apart for the use of cattle of one or more villages in the taluka, or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of such village or villages;
(ii) that the crops or grass standing on any agricultural land or grazing land so set apart are likely to be damaged by cattle belonging to persona who are not residents of such village or villages and who own more than twenty head of cattle, he may-
(a) in any case referred to in clause (i) direct any such resident owner, by special or general order, to remove or cause to be removed all or any dry or useless cattle belonging to him to such place or places within the State and within such period as may be specified in the order, and
(b) in any case referred to in clause (ii) direct any such non-resident owner, by special or general order, to remove or cause to be removed all or any of his cattle to such place or places within the State and within such period as may be specified in the order.
(2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the Mamlatdar or Mahalkari, as the case may be, may direct a police officer not below the rank of a head-constable to remove or cause to be removed such cattle to the place or places specified in the order.
(3) If the Mamlatdar or Mahalkari is satisfied that the order issued by him under sub-section (1) is contravened by any owner or keeper of cattle he may impose a fine not exceeding one thousand rupees. Any fine so imposed may, on failure of such owner or keeper to pay the same within the specified time, be recovered by sale of all or any of the cattle ordered to be removed under sub-section (1).
Chapter-VIII - Taxation
CHAPTER VIII
Taxation
Part-I
Taxation by the State Government
169. Levy twenty naye paise cess on very rupee of land revenue.- (1) The State Government shall levy, on the conditions and in the manner hereinafter described, a cess at the rate of twenty naye paise on every rupee of-
(a) every sum payable to the State Government as ordinary land revenue except sums payable on account of any of the charges mentioned in sub-section (2) and except sums payable on account of any charge which may be notified by the State Government in this behalf; and
(b) every sum which would have been assessable on any land as land revenue had there been on alienation of the land revenue:
Provided that no cess shall be levied under this section on suns less than twenty-five naye paise.
(2) The following sums shall not be taken into account for the purposes of sub-section (1), namely-
(i) penalties and fines, including any charge imposed under section 148 of the Land Revenue Code, as penalty or interest in case of default, but not including any fine levied under section 65 of the said Code on grant of permission to use land for a purpose unconnected with agriculture;
(ii) occasional fixed payments, in commutation of all claims of the State Government in respect of succession to or transfer of inams, payable on each succession or transfer of inams;
(iii) land revenue on service inam land, recovered from inferior village servants for periods of unauthorised absence from service; and all other such charges of assessment on inams and wat ans for broken periods and past years;
(iv) fees for grazing when charged per head of cattle.
170. ??? for assessment.- In the assessment of the said cess on villages alienated as defined in the Land Revenue Code,-
(a) if the village has been surveyed and assessed in the manner laid down in the said Code and the rules made thereunder, the cess shall be fixed in the total amount of assessment of the village as fixed under the said Code or the rules made thereunder;
(b) if the village has come under summary settlement under the Exemptions from Land Revenue (No. 1) Act, 1883 (Bom. II of 1863), or the Exemptions from Land Revenue (No. 2) Act, 1863 (Bom. VII of 1863), and clause (a) of this section does not apply, the cess shall be fixed on the total annual assessment as settled for the purpose of summary settlement 5 and
(c) in villages to which neither of clauses (a) or (b) of this section applies, the cess shall be fixed on the old or kammal rate recorded in the books of the Collector; and if no such rate is recorded, or if the rate so recorded is objected to by the holder or proprietor of the alienated village, the cess may be fixed as agreed upon by the Collector in agreement with the district panchayat which shall pass a special resolution to that effect and such holder or proprietor, or, failing agreement, by a rough survey and assessment to be made by the State Government, the expense of such rough survey being borne half by the district panchayat and half by the holder or proprietor of such village.
171. Levy of cess on water rate.- The State Government may levy a cess not exceeding twenty have paise on every rupee of water-rate leviable under the provisions of the Bombay Irrigation Act, 1879 (Bom. VII of 1870).
173. Manner of levying cess described in section 171.- The cess described in section 171 shall be levied, so far as may be, in the same manner, and under the same provisions of law, as water-rates payable to the State Government under the Bombay Irrigation Act, 1879 (Bom. VII of 1879).
174. Assistance to superior holders.- The provisions of law relating to the assistance to be given to superior holders and owners of water-courses for the recovery of their dues from their tenants and occupants under them, or from persons authorised to use their water-courses, shall be applicable to all superior holders, whether of alienated or unalienated land, and to all owners of water-courses in respect of the recovery of the said cesses from their tenants, occupants or persons authorised to use their water courses, and shall be applicable also to occupants of land under the Land Revenue Code for the recovery of the said cesses from their tenants or joint occupants.
175. Collection and credit of local cess on water rates.- The local cess leviable on water rate under section 171 in respect of lands shall be paid by the State Government to the taluka panchayat within the jurisdiction of which the lands are situated, after deducting such portion thereof as cost of collection, as the State Government may prescribe by rules.
176. Collection and credit of local cess of land revenue.- The local case leviable on lands under section 169, shall be paid by the State Government to the district panchayat within the jurisdiction of which lands are situated, after deducting such portion thereof as cost of collection, as the State Government may prescribe by rules.
177. Suspension and remission of local cess.- The State Government may, on the application of the district panchayat to which the cess is payable, suspend or remit the collection of cess or any portion thereof in any year in any area, subject to the jurisdiction of such district panchayat.
Part-II
Taxation by Gram panchayats and Nagar panchayats.
178. Levy of taxes and fees by gram panchayats and nagar panchayats.- (1) It shall be competent to a gram panchayat and a nagar panchayat to levy all or any of the following taxes and fees at such rates as may be decided by it (but subject to the minimum and maximum rates which may be fixed by the State Government) and in such manner and subject to such exemptions as may be prescribed, namely:-
(i) a tax on buildings (whether subject to payment of agricultural assessment or not) and lands (which are not subject to payment of agricultural assessment), within the limits of the gram or, as the case may be, nagar;
(ii) octroi;
(iii) a pilgrim tax;
(iv) a tax on fairs, festivals and other entertainments;
(v) a tax on bicycles and on vehicles drawn by animals;
(vi) subject to the provisions of article 276 of the Constitution, a tax on the following professions, trades, callings or employments, that is to say,-
(a) shop-keeping and hotel-keeping;
(b) any trade or calling (other than agriculture) which is carried on with the help of machinery rim by steam, oil or electric power or by manual labour;
(c) the profession or calling of brokers in cattle markets;
(vii) a general sanitary cess for the construction or maintenance, or the construction and maintenance, of public latrines and for the removal and disposal of refuse;
(viii) a general water rate which may be imposed in the form of a rate assessed on buildings and lands or in any other form as may be best adopted to the circumstances of any class of cases;
(ix) any other prescribed tax (not being a toll on motor vehicles or trailers, save as provided by section 20 of the Bombay Motor Vehicles Tax Act, 1958) (Bom. LXV of 1958) which the State Legislature has, under the Constitution, powers to impose in the State;
(x) a fee on markets and weekly bazars;
(xi) a fee on cart-stands and tonga-stand;
(xii) & special water rate for water supplied by the panchayat through pipes, which may be imposed in any form including that of charges for such water supplied, fixed in such mode or modes as shall be best adopted in the circumstances of any class of cases;
(xiii) a fee for the supply of water from wells and tanks vesting in it, for purposes other than domestic use and for cattle;
(xiv) a fee for temporary erection on, or putting up projections over, or temporary occupation of, any public Street or place;
(xv) a special sanitary cess upon private latrines, premises or compounds cleaned by the panchayat agency;
(xvi) a fee for cleansing a cess pool constructed on land whether belonging to a panchayat or not;
(xvii) a fee for grazing cattle on grazing lands vesting in a panchayat.
(2) The duties and obligations of persons liable to any tax or fee under sub-section (1) shall be such as may be prescribed.
(3) The tax on buildings or lands referred to in clause (i) of sub-section (1) shall be leviable from the owners or occupiers thereof:
Provided that when an owner of a building or land has left the gram or nagar or cannot otherwise be found, any person to whom such building or land has been transferred shall be liable for the tax leviable from the owner.
(4) The State Government may, by notification in the Official Gazette, direct that the tax upon buildings or lands referred to in clause (i) of sub-section (1) shall not be levied, or shall be levied on such reduced scale, on all buildings and lands or on any class of buildings or lands situated in an area predominantly populated by members of Scheduled Castes or Scheduled Tribes.
(5) Notwithstanding anything contained in sub-section (1), where a tax on professions, trades or callings and employments has been imposed by any district panchayat under the provisions of this Act in the area within the limits of a gram panchayat or nagar panchayat, it shall not be lawful for that panchayat so long as the tax is being so imposed to levy any such tax within such limit.
(6) Any person-aggrieved by the assessment, levy or imposition of any tax or fee may appeal to the district panchayat within the prescribed period,
(7) In deciding an appeal under sub-section (6), the District Panchayat shall follow such procedure as may be prescribed.
(8) The State Government may suspend the levy or imposition of any tax or fee and may at any time resold such suspension.
179. Lump-sum contribution by factories in lice of taxes levied by panchayat.- (1) Subject to any rules that may be made under this Act, and regard being had to the fact that a factory itself provides in the factory area all or any of the amenities which such panchayat provides, a gram panchayat or as the case may be, nagar panchayat may arrive at an agreement with any factory with the sanction of the State Government to receive a lump sum contribution in lieu of all or any of the taxes levied by the panchayat.
(2) Where no such agreement as is referred to in sub-section (1) can be reached, the matter may be referred to the State Government in the manner proscribed and the State Government may after giving to the panchayat and the factory concerned an opportunity of being heard decide the amount of such contribution. The decision of the State Government shall be binding on the panchayat and the factory concerned.
180. Faining of fees on markets, etc.- It shall be lawful for a gram panchayat or as the case may be, a nagar panchayat to lease by public auction or private contract the collecting of any fees levied by it on markets and weekly bazars:
Provided that the lessee shall give security for the due fulfillment of the conditions of the lease.
181. Levy and Collection upto twenty ??? naya paise ??? cess on very rupee of land revenue.- (1) A gram panchayat or as the case may be, nagar panchayat may, by resolution passed at its meeting, apply to levy a cess at the rate not exceeding twenty-five naye paise, according to its needs and capacity, on every rupee of every sum payable to the State Government as land revenue, and on which a cess is leviable under clauses (a) and (b) of sub-section (1) of section 169 and thereupon the State Government shall (in addition to any cess leviable under section 169) levy and collect such cess in the area within the jurisdiction of such panchayat.
(2) Where a gram panchayat or nagar panchayat undertakes for the benefit of the community any special work or project so as to complete it within a specified period and for that purpose an additional provision of funds is necessary, the panchayat may, by resolution passed at its meeting and with the previous permission of the district panchayat, apply to the State Government to increase the rate of cess levee din accordance with sub-section (1) to such extent and for such period as may be specified in the resolution:
Provided that such increase shall not exceed one hundred naye paise on every rupee of every sum payable to the State Government as ordinary land revenue.
(3) On receipt of an application under sub-section (1) or (2) the State Government shall levy the cobs or increase the rate thereof as proposed by the panchayat and sub-section (1) shall have effect accordingly.
(4) The net proceeds (after deducting the expenses of assessment and collection) of any cess levied and collected in accordance with sub-section (1) shall form part of and be paid into the gram fund or as the case may be nagar fund.
(5) The State Government may, at the request of the panchayat to which the cess referred to in sub-section (1) is payable suspend the collection of the goes or any portion thereof in any year.
182. Power of taluka panchayat to increase taxation of panchayat.- (1) If the income of a gram panchayat or nagar panchayat falls below what in the opinion of the taluka panchayat is necessary for the proper discharge of the duties specified in Schedule I the taluka panchayat may after having given such panchayat an opportunity of being heard, require it to take steps within six months, to increase its income to such extent as the taluka panchayat considers necessary. If the gram panchayat or as the case may be nagar panchayat fails to take adequate steps to increase its income to the required extent, the taluka panchayat may require it to levy any of the taxes or fees specified in section 178 or increase the rate at which any of such taxes and fees is levied and it shall be the duty of the panchayat to comply with the requirement:
Provided that the taluka panchayat shall not compel the panchayat to levy any tax or fee or increase the rate thereof beyond the maximum rate prescribed in this behalf.
(2) The panchayat in respect of which an order under sub-section (1) is made by the taluka panchayat may within the proscribed period prefer an appeal to the district panchayat, which may pass such order on the appeal as it may think just and proper. The district panchayat may stay the execution of the order until the appeal is decided.
Part III.
Taxation by taluka panchayats.
183. Taxes and fees which may be imposed by taluka panchayat and mode of Collection thereof.- (1) Subject to any general or special orders which the State Government may make in this behalf, every taluka panchayat may after observing the preliminary procedure required by section 189 impose an education cess and any of the taxes and fees which are leviable by a gram or nagar panchayat under section 178:
Provided that the rate of tax or fee leviable by a taluka panchayat in respect of any matter within the limits of any gram or nagar shall not exceed 16 per cent, of the rate of the tax or fee actually levied by the gram panchayat or nagar panchayat in respect of the same matter, and where no such tax or fee has been levied by the gram panchayat or nagar panchayat, shall not exceed 15 per cent, of the prescribed maximum rate of tax or fee in respect of the same matter.
Provided further that,-
(i) no tax imposed as aforesaid, other than a special sanitary cess or a water rate, shall without the express consent of the Government concerned be leviable in respect of any building or part of any building or any vehicle, animal or other property, belonging to the Government or the taluka panchayat or district panchayat and used solely for public purposes, and not used or intended to be used for purposes of profit and no toll shall be leviable for passage of troops, the conveyance of Government stores or of any other Government property, the passage of Military or Police Officers on duty, or the passage or conveyance of any person or property in the custody of such officers; and
(ii) no tax on property shall be imposed in respect of any land on which local cess is being collected.
(2)(a) Where in the exercise of the powers under sub-section (1) a taluka panchayat imposes a tax or fee in any area within the jurisdiction of a gram panchayat or nagar panchayat, such tax or fee shall be collected by the gram or nagar panchayat concerned from those persons who are liable to pay the same under the rules made by the taluka panchayat in accordance with the provisions of section 192 as if it were a tax or fee imposed by the gram or nagar panchayat concerned under the provisions of this Act and shall be paid to the taluka panchayat at such time and in such manner as the taluka panchayat may specify.
(b) Such percentage not exceeding 60 per cent, of the gross collection of such tax or fee in any financial year as the State Government may by general or special order determine shall not form part of the taluka fund but shall be assigned to the gram panchayat or, as the case may be, nagar panchayat in such manner as the taluka panchayat may determine.
(c) If any panchayat makes any default in the payment of any sum duo in respect of a tax or fee within the time specified under clause (a), the provisions of section 188 shall mutatis mutandis apply to such default and the taluka panchayat shall exercise the same powers as are exercisable by a district panchayat under that section.
184. ??? of stamp duty or a taluka panchayat.- (1) A taluka panchayat may, by resolution passed at its meeting, apply to the State Government, for increasing the rate of stamp duty leviable under the Bombay Stamp Act, 1968 (Bom. LX of 1858) on instruments of sale, mortgage, lease or any other kind of transfer of immoveable property situated with the limits of the taluka, to such extent as not to exceed 15 per cent, of the rate of duty be leviable and specified in the resolution.
(2) Notwithstanding anything contained in the Bombay Stamp Act, 1958 (Bom. LX of 1958) on receipt of an application under sub-section (1) the State Government shall by notification published in the Official Gazette, direct that the rate of stamp duty on the class of instruments specified in the notification and affecting the immovable property situated within the taluka shall be in creased to the extent specified in the notification with effect from the date specified in the notification and thereupon, the rate of stamp duty shall stand increased accordingly.
(3) For the purpose of this section, section 28 of the Bombay Stamp Act, 1958 (Bom. LX of 1958), shall be read as if it specifically required the particulars therein referred to be set forth separately in respect of-
(a) property situated in the jurisdiction of any taluka panchayat; and
(b) property not situated in the jurisdiction of any taluka panchayat.
(4) The increase in stamp duty in respect of any class of instruments under this section shall be in addition to any increase made therein in respect of the same class of instruments for a district panchayat under section 180.
(5) The State Government shall, every year after due appropriation made by law in this behalf, pay to the taluka panchayat from the Consolidated Fund of the State, a grant-in-aid approximately equal to the extra duty realised under sub-section (1) in respect of properties situated within the jurisdiction of the taluka panchayat.
Part IV.
Taxation by District Panchayats.
185. Taxes which may balm posed by a district panchayat.- Subject to any general or special orders which the State Government may make in this behalf, every district panchayat may, after observing the preliminary procedure required by section 189 impose any of the taxes and fees which are leviable by a gram panchayat under section 178:
Provided that the rate of taxer fee leviable by a district panchayat in respect of any matter within the limits of any gram or nagar shall not exceed 10 per cent, of the rate of the tax or fee actually levied by the gram panchayat or nagar panchayat in respect of the same matter, and where no such tax or fee has been levied by the gram panchayat or nagar panchayat, shall not exceed 10 per cent, of the prescribed maximum rate of tax or fee in respect of the same matter:
Provided further that-
(i) no tax imposed as aforesaid other than a special sanitary cess or a water rate, shall without the express consent of the Government concerned be leviable in respect of any building or part of any building or any vehicle, animal or other property, belonging to the Government or to the taluka panchayat or district panchayat and used solely for public purposes, and not used or intended to be used for purposes of profit and no toll shall be leviable for passage of troops, the conveyance of Government stores or of any other Government property, the passage of Military or Police Officers on duty, or the passage or conveyance of any person or property in the custody of such officers; and
(ii) no tax on property shall be imposed in respect of any land on which local cess is being collected.
186. Increase of stamp duty for a district panchnyat.- (1) A district panchayat may, by resolution passed at its meeting, apply to the State Government, for increasing the rate of stamp duty leviable under the Bombay Stamp Act, 1958 (Bom. LX of 1958) on instruments of sale, mortgage lease or any other kind of transfer of immoveable property situated within the limits of the district, to such extent as not to exceed 10 per cent, of the rate of duty so leviable and specified in the resolution.
(2) Notwithstanding anything contained in the Bombay Stamp Act, 1958 (Bom. LX of 1958) on receipt of an application under sub-section (1), the State Government shall by notification published in the Official Gazette, direct that the rate of stamp duty on the class of instruments specified in the notification and affecting the immoveable property situated within the district shall be increased to the extent specified in the notification with effect from the date specified in the notification and thereupon, the rate of stamp duty shall stand increased accordingly.
(3) For the purpose of this section, section 28 of the Bombay Stamp Act, 1958 (Bom. LX of 1958), shall be read as if it specifically required the particulars therein referred to be set forth separately in respect of-
(a) property situated in the jurisdiction of any district panchayat; and
(b) property not situated in the jurisdiction of any district panchayat.
(4) The increase in stamp duty in respect of any class of instruments voider this section shall be in addition to any increase made therein in respect of the same class of instruments for a taluka panchayat under section 184
(5) The State Government shall, every year after the due appropriation made by law in this behalf, pay to the district panchayat from the Consolidated Fund of the State, a grant-in-aid approximately equal to the extra duty realised under sub-section (1) in respect of properties situated within the jurisdiction of the district panchayat.
187. Tax on professions etc., levied by district panchayat to be collected by gram or nagar panchayat.- Where in exercise of the powers given by this Act, a district panchayat imposes a tax on professions, trades, callings and employments, or any other tax or fee then notwithstanding anything in this Act or any other law for the time being in force, in any area within the jurisdiction of a gram panchayat or nagar panchayat-
(a) such tax or fee shall be collected by the gram or nagar panchayat concerned from those persons who are liable to pay the tax or fee under the rules made by a district panchayat and who reside, or carry on any trade or exercise any profession or follow a calling, within such area, in accordance with the provisions of section 192, as if it were a tax or fee imposed by the gram panchayat or, as the case may be, nagar panchayat under the provisions of this Act, and shall be paid to the district panchayat at such time and in such manner as the district panchayat may specify;
(b) such percentage, not exceeding fifty per cent, of the gross collection of such tax or fee in any financial year, as the State Government may by enteral or special order determine shall not form part of the district fund, but shall be assigned to the gram panchayat or as the case may be, nagar panchayat in such manner as the district panchayat may determine.
188. Default in payment by panchayat.- (1) If any panchayat makes default in the payment of any sum due in respect of a tax on professions, trades, callings and employments or any other tax or fee within the time specified by the district panchayat under clause (a) of section 187, the district panchayat may, notwithstanding any law relating to the funds vesting in such panchayat or any other law for the time being in force, direct any bank in which any moneys of the panchayat are deposited or the person in charge of the Government treasury or of any place of security in which the moneys of the panchayat are deposited to pay such sum from such moneys to may be standing to the credit of the panchayat in such bank or as may be in the hands of such person or as may from time to time be received from or on behalf of the panchayat by way of deposit by such bank or person and such bank or person shall be bound to obey such order.
(2) Every payment made pursuant to an order under sub-section (1) shall be a sufficient discharge to such bank or person from all liability to the panchayat in respect of any sum so paid by it or him out of the moneys of the panchayat so deposited with such bank or person.
Part V
Procedure for levying tax or fee by Taluka Panchayats and District Panchayats.
189. Procedure of district panchayat preliminary to imposing tax.- (1) A taluka panchayat or, as the case may be, a district panchayat shall, before imposing a tax or fee, by resolution passed at a meeting of the panchayat-
(a) select a tax or fee which may be imposed; and
(b) approve rules describing the tax or fee selected; and
(c) shall in such resolution and in such rules specify-
(i) the class or classes of persons or of property, or of both, which the panchayat desires to make liable, any exemptions which it desires to give (including the circumstances or principles on which exemptions can be given) and the duties and obligations of persons liable to pay any such tax or fee;
(ii) the amount for which, or the rate at which, it is desired to make such classes liable; and
(iii) all other matters which the State Government may require to be so specified,
(2) When such a resolution has been passed, the panchayat shall publish the rules with a notice in the prescribed form and manner.
(3) Any inhabitant of the taluka or as the case may be, district objecting to the imposition of the said tax or fee, or to the amount or rate proposed, or to the class of persons or property to be made liable therefor, or to any exemptions proposed, may, within one month from the publication of the said notice, send his objections in writing to the taluka panchayat or district panchayat as the case may be and the panchayat shall take all such objections into consideration, or shall authorize a committee of its members to consider and report on them.
(4) The panchayat shall take the proposals and all objections received thereto or the report of the committee, if any, into consideration at a meeting and sanction the rules with or without modifications.
190. Procedure for abolishing or varying a tax.- (1) The panchayat may, at a special meeting, pass a resolution to propose the abolition of any tax or fee already imposed or a variation in the amount or rate thereof.
(2) Any such, proposal shall be dealt with according to the procedure laid down in section 189 for the imposition of a new tax or fee; and the notification of the abolition or variation of a tax or fee under this section in the Official Gazette shall be conclusive proof that such abolition or variation has been made in accordance with the provisions of this Act.
(3) Nothing in this section shall affect the power of a panchayat to propose an increase in the rate of cess on land revenue or in the rate of stamp duty under the provisions of sections 181, 184 or 186.
191. Publication of sanctioned rules with notice.- All rules sanctioned under section 189 shall be published in the prescribed manner by the taluka panchayat in the taluka and by the district panchayat in the district for which they are made, and the tax as described in the rules so published shall, from the date specified in the notice under that section in (such date not being less than one month from the publication of such notice), be imposed accordingly;
Provided that,-
(a) a tax leviable by the year-
(i) shall not come into force except on one of the following dates, that is to say, the first day of April, the first day of July, the first day of October or the first day of January, in any year, and
(ii) if it comes into force on any day other than the first day of April, it shall be leviable by the quarter till the first day of April then next ensuing;
(b) on or before the day on which a notice is issued, the panchayat shall publish such further detailed rules as may be required, prescribing the mode of levying and recovering the tax therein specified, and the dates on which the tax or the installments (if any), thereof, shall be payable; and
(c) if the levy of a tax, or of a special portion of tax, has been sanctioned for a fixed period only, the levy shall case at the conclusion of that period, except as regards any unpaid arrears which have become due during the period.
Chapter-IX - Recovery of taxes, fees, ceases and other dues
CHAPTER IX.
Recovery of taxes, fees, ceases and other dues.
192. Recovery of taxes and other dues.- (1) When any tax or fee or any other sum has become due, a panchayat shall with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill for the amount duo from hint, specifying the date on or before which the amount shall be paid.
(2) If any person fails to pay any tax or fee or any other sum due from him to a panchayat under this Act or the rules on or before the specified date of payment, the panchayat shall cause a writ of demand in the prescribed form to be served on the defaulter.
(3) The presentation of every bill under sub-section (1) and the service of every writ of demand under sub-section (2) shall be effected by an officer or servant of the panchayat in this behalf-
(a) by giving or tendering the bill or writ to the person to whom it is addressed; or
(b) if such person is not found, by leaving the bill or writ at his last known place of abode, if within the area of jurisdiction of the panchayat, or by giving or tendering the bill or writ to some adult male member or servant of his family; or
(c) if such person does not reside within the area of jurisdiction of the panchayat and his address elsewhere is known to the officer directing the issue of the bill or writ then by forwarding the bill or writ to such person by registered post, under cover bearing the said address; or
(d) if none of the means aforesaid be available, then by causing the bill or writ to be affixed on some conspicuous part of the building or land, if any, to which the bill or writ relates in the presence of at least two panchas.
(4) If the sum for which a writ of demand has been served is not paid within thirty days from the date of such service, the panchayat may levy such sum by distraint and sale of the movable property of the defaulter in the prescribed manner.
(5) Pees for-
(a) every writ of demand issued under sub-section (2)
(b) every distress made under sub-section (4)
(c) the costs of maintaining any livestock seized under sub-section (4) shall be chargeable at such rates as may be prescribed,
(6) Notwithstanding anything contained in the foregoing sub-sections, any tax or fee payable on demand in accordance with the rules shall be recoverable in such manner as may be prescribed.
(7) If a panchayat is unable to recover a tax or fee or other flue due to it as aforesaid, it shall be recoverable as an arrear of land revenue:
Provided that no such tax, fee or sum shall be recovered as an arrear of land revenue after the expiry of three years from the date when it becomes recoverable under this Act.
(8) If a panchayat fails to recover any tax, fee or any sum due to it, or neglects to take action under sub-sections (2) and (3) of section 279 or sub-sections (2) and (4) of this section, the competent authority may apply to the Collector to recover the same as an arrear of land revenue.
(9) On receipt of such application the Collector shall, after holding such enquiry as he thinks fit, proceed to recover the sum as an arrear of land revenue unless such sum is, under section 193 directed to be written off.
193. District Development Officer's power to direct irrecoverable sums to be written off.- The District Development Officer may direct any sum certified by a Nyaya Panchayat and recoverable under sections 276, 277 and 279 and any sum certified by a panchayat as recoverable as an arrear of land revenue to be written off, if in his opinion the sums are irrecoverable:
Provided that no sum exceeding five hundred rupees shall be written off except with the previous sanction of the State Government.
Chapter-X - Financial assistance to Panchayats
CHAPTER X.
Financial assistance to Panchayats.
194. Provision by the State Government for making grouts to panchayate.- The State Government shall in each year after due appropriation made by the State Legislature by law in this behalf make provision for making grants to the panchayats in accordance with this Chapter.
195. Extent of grants out of the average of three years collection of land revenue.- (1) For the purposes of section 194, the State Government shall in each year determine a sura which shall be equal to the average of the land revenue collected or recovered during the three preceding revenue years in the State.
(2) Out of the sum determined under sub-section (1) an amount equal to-
(a) such percentage of the sum as may be prescribed shall be set part for meeting the expenditure on the salaries of the secretaries of gram panchayats and of the village accountants (talatis) in the State and on their training;
(b) five per cent, of the sum shall be paid into the State Equalization Fund established under section 196:
Provided that in the case of a gram or nagar panchayat of a Devasthan gram or nagar the land revenue in respect of which is wholly or partially alienated in favour of the Devasthan, the gram panchayat or as the case may be, nagar panchayat shall be paid in each year out of the State Equalisation Fund a sum on the same basis as is applicable to other grains and nagars under sub-section (3).
(3) Out of the balance remaining after making the provisions in accordance with sub-section (2)-
(i) an amount equal to-
(a) 50 percent, of the balance shall be distributed among the gram panchayats and nagar panchayats,
(b) 26 per cent, of the balance shall be distributed among the taluka panchayata, and
(c) 10 per cent, of the balance shall be distributed among the district panchayats,
in proportion to the average collection and recovery of land revenue from the respective gram, nagar, taluka or as the case may be district panchayat in the three revenue years immediately preceding;
(ii) an amount equal to-
(a) 7½ per cent, of the balance shall be paid into the District Equalisation Fund established under section 197,
(b) 7½ per cent, of the balance shall be paid into the District Gram Encouragement Fund established under section 198,
196. State Equalisation Fund.- (1) There shall be established by the State Government a fund to be called the State Equalisation Fund, which shall consist of the payments made into it under clause (b) of sub-section (2) of section 190 and which shall be utilised for making special grants to backward districts so as to minimise the social and economic inequalities between the districts of the State.
(2) The fund established under sub-section (1) shall be non-lapsable.
(3) Special grants out of the said fund to district panchayats shall be made in accordance with the rules made in that behalf.
197. District Equalisation Fund.- (1) In each district, there shall be established by the district panchayat a fund to be called the District Equalisation Fund, consisting of the payments made into it under sub-clause (a) of clause (ii) of sub-section (3) of section 195 which shall be utilised by the district panchayat for making special grants to the backward panchayats subordinate to it so as to minimise the social and economic inequalities between the panchayats in the district.
(2) The fund established under sub-section (1) shall be non-lapsable and shall be invested in the prescribed manner.
(3) Special grants out of the said fund shall be made in accordance with the rules made in that behalf.
198. District Gram Encouragement Fund.- (1) In each district, there shall be established by the district panchayat a fund to be called the District Gram Encouragement Fund which shall consist of the payments made into it under sub-clause (b) of clause (ii) of sub-section (3) of section 195 and which shall be utilised by the district panchayat for making incentive grants to gram panchayats to encourage them to raise their income by levying taxes and fees leviable by them under this Act.
(2) The fund established under sub-section (1) shall be non-lapsable and shall be invested in the prescribed manner.
(3) Incentive grants out of the said fund shall be made in accordance with the rules made in that behalf.
199. District Development Fund.- (1) In each district, there shall be established a fund to be called the District Development Fund which shall consist of the contributions made by the gram panchayats and nagar panchayats under section 103.’
(2) The fund shall vest in the district panchayat and shall be invested in the prescribed manner.
(3) The fund shall be utilised for granting loans to gram panchayats and nagar panchayats in accordance with the rules and for payment of interest on contributions made by the said panchayats.
(4) The State Government shall make rules prescribing the purposes for which loans may be granted, the terms and conditions (including the rate of interest and of penal interest) on which such loans may be made, the period therefor and all matters incidental to the grant of loans.
200. Grant of a portion of forest revenue to district panchayats.- The State Government shall after due appropriation made by the State Legislature by law in this behalf, pay to every district panchayat an amount equal to two percent, of the forest revenue collected in the revenue year immediately preceding within the limits of the district.
201. Grant from Forest revenue to certain gram panchayats.- Where any gram is situate in a forest area and is not assessed under the Land Revenue Code then the State Government shall, in lieu of a grant of land revenue under section 195, pay to the gram panchayat of the gram, in each year such amount out of the forest revenue of the gram collected in the revenue year immediately preceding, as it may fix but the amount so fixed shall not be-
(1) less than Rs. 600 and
(2) more than an amount calculated on the basis of the populat on of the gram at such per capita rate as is equal to the per capita rate arrived at in respect of grants made under section 195.
202. Power of Government to make additional grants to panchayats.- Notwithstanding anything contained in the foregoing provisions of this Chapter, the State Government may, after due appropriation made by the State Legislature by law in this behalf, make additional grant or grants in any year for augmenting the finances of any panchayat for any of the purposes of this Act.
Chapter-XI - Provisions relating to services
CHAPTER XI
Provisions relating to services.
203. Panchayats Service to be regulated by rules.- (1) For the purpose of bringing about uniform scales of pay and uniform conditions of service for persons employed in the discharge of functions and duties of panchayats, there shall be constituted a Panchayat Service in connection with the affairs of panchayats. Such service shall be distinct from the State service.
(2) The Panchayat Service shall consist of such classes, cadres and posts and the initial strength of officers and servants in each such class and cadre shall be such, as the State Government may by order from time to time determine:
Provided that nothing in this sub-section shall prevent a district panchayat from altering, with the previous approval of the State Government, any class, cadre or number of posts so determined by the State Government.
(3) Subject to the provisions of this Act the State Government may make rules regulating the mode of recruitment either by holding examinations or otherwise and conditions of service of persons appointed to the panchayat service and the powers of panchayats in respect of appointments, transfers and promotions of officers and servants in the Panchayat Service and disciplinary action against any such officers or servants.
(4) Rules made under sub-section (3) shall in particular contain-
(a) a provision entitling servants of such cadres in the Panchayat Service to promotion to such cadres in the State Service as may be prescribed,
(b) a provision specifying the classes of posts, recruitment to which shall be made through the District Panchayat Service Selection Committee and the classes of posts, recruitment to which shall be made by the Gujarat Panchayat Service Selection Board, and
(c) a provision regarding the percentage of vacancies to be reserved for the members of Scheduled Castes, Scheduled Tribes and other backward classes in the Panchayat Service.
204. Expenditure towards pay, allowances, etc. of officers and a servants in Panchayat Service to be met by panchayats.- Subject to the rules, which the State Government may make in this behalf, the expenditure towards the pay and allowances of and other benefits available to, an officer or servant of the Panchayat Service serving for the time being under any panchayat shall be net by that panchayat from its own fund.
205. Mode of appointment.- Subject to any rules made under section 203, appointments to the posts in the Panchayat Service shall be made-
(i) by direct recruitment
(ii) by promotion or
(iii) by transfer of a member of the State Service to the Panchayat Service.
206. Allocation of officers and servant to Panchayat Service.- (1) The State Government shall by a general or special order allocate to the Panchayat Service-
(i) such number of officers and servants out of the staff transferred to a panchayat under sections 155, 167 and 325 as it may deem fit,
(ii) all officers and servants in the service of district local boards and district school boards immediately before their dissolution under this Act and transferred to the corresponding district panchayats under sections 158 and 326,
(iii) such other officers and servants employed in the State service as may be necessary to enable the panchayats to discharge efficiently their functions and duties under this Act.
(2) The officers and servants allocated to the Panchayat Service under sub-section (1) shall be taken over by such panchayats in such cadre and on such tenure, remuneration and other conditions of service as the State Government may by general or special order determine:
Provided that the conditions of service of any such officer or servant shall not be less favourable than those applicable to him immediately before such allocation:
Provided further that nothing in the aforesaid proviso shall entitle an officer or servant to claim the same cadre and designation which he had before allocation.
207. Posting under panchayats of officers and servants in State service.- (1) For the purpose of enabling the panchayats to discharge their functions and duties under this Act, it shall be lawful for the State Government to direct by a general or special order that such number of officers of the Indian Administrative Service and of class I and class II services of the State shall be posted under such panchayat and for such period and subject to such conditions as may be specified in the order and accordingly the officers specified in the order shall be posted under such panchayat.
(2) The pay and allowances of an officer posted in accordance with sub-section (1) shall, during the period of posting, be paid by the panchayat from its fund.
208. Loan of services of Government officers to panchayats.- Any panchayat, may subject to the rules made in this behalf, obtain the services of any officer of Government on loan.
209. No compensation payable for transfer of service.- Notwithstanding anything contained in the Industrial Disputes Act, 1947 (XIV of 1947) or any other law for the time being in force, the allocation of any officer or servant to the Panchayat Service under section 206 shall not entitle such officer or servant to any compensation under that Act or law; and no claim for any such compensation shall be entertained by any Court Tribunal or Authority.
210. Gujarat Panchayats Service Selection Board, its constitution awl functions.- (1) There shall be established a Gujarat Panchayat Service Selection Board consisting of three members including the Chairman.
(2) At least one of the members of the Board shall be a person who is a member of the State Service or has retired from such service.
(3) Subject to sub-sections (1) and (2), the State Government shall appoint as members of the Board such persons as it may think fit and out of the persons so appointed appoint one person as the Chairman of the Board.
(4) The conditions of service (including pay and allowances) of the members of the Board shall be such as the State Government may by order determine.
(5) It shall be the duty of the Board to select candidates for recruitment to such poss in the panchayat service, and to advise the panchayat in such matters as may be prescribed by rules.
(6) The Board shill perform such other functions as provided by or under this Act.
211. District Panchayat Service Selection Committee and District Primary Education Staff Selection Committee.- (1) There shall be a District Panchayat Service Selection Committee in each district for selecting candidates for recruitment to such posts of the Panchayat Service and to advise the panchayats in such matters and to perform such other functions as may be prescribed.
(2) A District Panchayat Service Selection Committee shall consist of-
(a) one member of the Gujarat Panchayat Service Selection Board to be nominated by the Chairman of that Board,
(b) the President of the District Panchayat of the district, and
(c) such officer of the panchayat service or State service as the State Government may nominate.
(3)(a) In addition to the District Panchayat Service Selection Committee the State Government may appoint in each district a District Primary Education Staff Selection Committee for the recruitment of primary teachers and such other staff in connection with primary education as may be prescribed.
(b) The constitution, powers and duties of such a committee shall be such as may be prescribed.
Chapter-XII - Constitution of Conciliation Panchas and Nyaya Panchayats and their Functions and Powers
CHAPTER XII
Constitution of Conciliation Panchas and Nyaya Panchayats and their Functions and Powers.
212. Constitution of Nyaya Panchayats.- (1) A Nyaya Panchayat for a group of grams (hereinafter referred to as "Gram Nyaya Panchayat") shall consist of as many members as there are gram panchayats in the group and each gram panchayat shall elect one member to the Nyaya Panchayat in accordance with section 214.
(2) A Nyaya Panchayat for a nagar (hereinafter referred to as a "Nagar Nyaya Panchayat") shall consist of five members to be elected by the nagar panchayat for the nagar in accordance with section 214.
213. Constitution of conciliation panch.- (1) A conciliation panch for a gram panchayat or, as the case may be, nagar panchayat shall consist of three members out of which-
(a) one shall be a standing member to be elected by the panchayat in accordance with section 214, and
(b) two members chosen by the parties in accordance with section 246.
(2) The standing member shall be the Chairman of the conciliation panch.
(3) The other two members shall Act as members of the conciliation panch only in respect of the case in which they are chosen by the parties.
214. Election of members of Nyaya Panchayats and conciliation panchas.- (1) Every gram panchayat shall, as soon as may beater the election of its Sarpanch and Upa-Sarpanch at its first meeting elect in the prescribed manner from amongst the members of gram sabha of the gram-
(a) one person to be a member of the Gram Nyaya Panchayat, and
(b) one person to be standing member of the conciliation panch of the gram:
Provided that if for any reason the gram panchayat does not elect or fails to elect any person required to hold office under clause (a) or (b), the district panchayat shall appoint from amongst persons qualified to be elected a person to hold that office and the person so appointed shall be deemed to be duly elected to that office:
Provided that the Sarpanch and Upa-Sarpanch shall not be eligible for being to elected,
(2) Every nagar panchayat which is entitled to have a Nyaya Panchayat shall as soon as may be, after the election of its Chairman and Vice-Chairman at its first meeting elect in the proscribed manner from amongst the voters of the nagar-
(a) five persons, to be members of the Nagar Nyaya Panchayat, and
(b) one person to be a standing member of the conciliation panch of the nagar:
Provided that the Chairman and the Vice-Chairman of the panchayat Shall not be eligible for being so elected:
Provided further that if for any reason the nagar panchayat does not elect or fails to elect the required number of persons willing to take office the district panchayat shall appoint from persons qualified to be elected such persons as are required to make up the required number and the persons so appointed shall be deemed to be duly elected for the purposes of this section.
(3) No member of the gram sabha or, as the case may be, of the voters of nagar who is not able to read and write in Gujarati or is not qualified for being elected or being continued as a member of the panchayat shall be eligible for being elected as a member of Nyaya Panchayat or as a standing member of a conciliation panch.
215. Member to vacate if absents without leave.- (1) A member of a Nyaya Panchayat who absents himself for two consecutive months from the meetings of the Nyaya Panchayat without the permission of the competent authority shall cease to be a member of the Nyaya Panchayat and his office shall become vacant.
(2) Any dispute as to vacancy under sub-section (1), shall be referred for decision to the competent authority whose decision shall be final.
216. Resignation of member of Nyaya Panchayat and conciliation, panch.- (1) A person holding office as a member of a Nyaya Panchayat or as a standing member of a conciliation panch may resign from his office by tendering his resignation in writing to the Sarpanch or as the case may be, Chairman of the panchayat which elected him.
(2) Such resignation shall take effect from the date on which it is accepted by the panchayat or on the expiry of thirty days from the date of tendering the resignation, whichever is earlier.
217. A Nyaya Panchayat shall elect from amongst its members one member as its Chairman who shall perform such functions as provided by or under this Act.
218. Powers of Nyaya Panchayat.- (1) The Nyaya Panchayat constituted as aforesaid, may exercise all or any of the powers mentioned in sub-sections (1) and (2) of section 227 and section 229, as the State Government may by general or special order specify in this behalf.
(2) The State Government may at any time, by notification in the Official Gazette, direct that such Nyaya Panchayat shall exercise all or any of the judicial powers mentioned in sub-section (3) of section 227 and section 233.
(3) If in the opinion of the State Government a Nyaya Panchayat has been incompetent in the exercise, or has been guilty of the abuse of its powers, the Government may at any time by notification in the Official Gazette withdraw all or any of the powers vested in, or conferred on such Nyaya Panchayat,
(4) The State Government shall, under due appropriation made by the State Legislature by law in this behalf, provide the funds required to meet the expenses of Nyaya Panchayats in exercising their powers and discharging their functions under this Act, and the amount so provided shall be kept in such custody and the accounts thereof shall be maintained in such manner as may be prescribed. The State Government shall prescribe by rules the expenses which may be incurred by Nyaya Panchayats.
219. Term of office of members of Nyaya Panchayats.- (1) Save as otherwise provided by this Act, the term of office of a member of the Nyaya Panchayat shall expire with the term of the panchayat which elected him.
(2) If any vacancy arises in the office of any of the members of such Nyaya Panchayat it shall be filled by election as provided in section 212, and the members so elected shall hold office so long only as the member in whose place he has been elected would have held office if the vacancy had not occurred.
220. Rules regarding conduct of business of Nyaya Panchayat.- Save as provided in this Act, the State Government may make rules to regulate-
(a) the conduct and distribution of business in and practice before a Nyaya Panchayat;
(b) the times and places at which the Nyaya Panchayat shall sit;
(c) any other matter which in the opinion of the State Government is necessary for the proper and efficient conduct of proceedings before a Nyaya Panchayat.
221. Place of sittings of Nyaya Panchayats.- (1) A Gram Nyaya Panchayat shall sit, for the hearing of a suit or trial of a case, in the gram where such suit or case has been instituted,
(2) A Nagar Nyaya Panchayat shall sit for the hearing of the suit or trial of a we at a place within the nagar.
223. Chairman of Nyaya Panchayat.- The Secretary of the panchayat of the gram where the sitting of the Nyaya Panchayat is held shall act as the judicial clerk of the Nyaya Panchayat for the purpose of recording its proceedings and decisions, and performing such other duties as may be prescribed.
224. Judicial clerk of Nyaya Panchayat.- (1) If in the opinion of the State Government a member of a Nyaya Panchayat has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or refuses to perform, or has been incapable of performing any of the duties as a member of the Nyaya Panchayat, the State Government may remove such member after giving him an opportunity of being heard, and after such inquiry as the State Government deems necessary.
(2) If any inquiry is held under sub-section (1), the State Government may suspend such member from being on the Nyaya Panchayat for such period as it thinks fit.
(3) On the removal of a member of the Nyaya Panchayat under sub-section (1) he shall cease to be a member of the panchayat if he be such member, and his office shall become vacant; and he shall be disqualified for being chosen as a member of the panchayat and also of the Nyaya Panchayat for a period of four years from the date of his removal or for such lesser period as the State Government may allow in any particular case.
225. Absence of member of Nyaya Panchayat at bearings.- (1) If any member of a Nyaya Panchayat is absent from any hearing, the remaining members may notwithstanding anything contained in this Act try the case, suit or proceeding, provided that at least three members are present,
(2) No trial as aforesaid shall be invalid by reason merely that all the members were not present at any hearing, or that some of the members were not present at all the hearings of such trial.
226. Saving of pending proceedings.- (i) Every suit or case of the nature specified in sub-sections (1) and (2) of section 227 or in section 229, pending in any court and cognizable by a Nyaya Panchayat under section 218,
(ii) every suit of the nature specified in sub-section (3) of section 227 pending in any court and cognizable by a Nyaya Panchayat in pursuance of a notificaton issued under that sub-section, and
(iii) all proceedings arising from, and incidental to, any such suit or case, shall be tried, heard and determined by a court or any other court having jurisdiction to try, hear and determine the same, as if this Act has not been passed.
227. Suite triable by Nyaya Panchayats.- (1) Save as otherwise provided in section 228, and subject to the provisions of sub-section (3) of section 218 a Nyaya Panchayat constituted under this Act shall take cognizance of and try all or any of the following suits, namely:-
(a) suits for money due on contracts, not affecting any interest in Immovable property,
(b) suits for the recovery of movable property or for the value thereof,
(c) suits for compensation for the wrongful taking and injuring movable property,
where the amount or value of the claim does not exceed one hundred rupees.
(2) With the written consent of both the parties recorded in the presence of the Nyaya Panchayat, suits of the nature described in sub-section (1) but the value of which does not exceed two hundred and fifty rupees, shall be triable by such Nyaya Panchayat.
(3) The State Government may, by notification in the Official Gazette, direct that any Nyaya Panchayat may try any suit of the nature described in sub-section (1), up to such value exceeding one hundred rupees as may be specified in the notification, but not exceeding two hundred and fifty rupees.
228. Suits not triable by Nyaya Panchayats.- No suit shall be brought before any Nyaya Panchayat-
(1) on a balance of partnership account;
(2) for a share or part of a share under any intestacy, or for a legacy or part of legacy under a will;
(3) by or against the Government or any local authority or an officer or servant of the Government or a member, officer or servant of a local authority in his official capacity, or by or against any member of that Nyaya Panchayat;
(4) by or against a minor or a person of unsound mind or against any soldier, sailor or airman actually serving under the Government in such capacity; and
(5) on account of any dispute or matter in respect of which any suit or application would be cognizable-
(a) by a revenue court; or
(b) before a tribunal or authority appointed under-
(i) the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), or Bombay Tenancy and Agricultural Lauda (Vidarbha Region and Kutch Area) Act, 1958 (Bom. XCIX of 1958);
(ii) the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (Sau. Ord. No. LVI of 1949);
(iii) the Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953 (Sau. Act No. XXIII of 1953).
229. Offences cognizable by Nyaya Punchaynta.- A Nyaya anchayat shall take cognizance of and try all or any of the following offences including the abetment thereof, or attempt to commit any such offences, subject to the provisions of sub-section (3) of section 218,-
(a) Under the Indian Penal Code (LXV of 1860)-
Section
| Negligently doing any Act known to be likely to spread the infection of any diseases dangerous to life | 269 |
| Fouling the water of a public spring or reservoir … | 277 |
| Causing danger, obstruction or injury to any person in any public way | 283 |
| Voluntarily causing hurt .. .. .. | 323 |
| Assault or use of criminal force otherwise than on grave and sudden provocation | 352 |
| Assault or use of criminal force on grave and sudden provocation | 358 |
| Theft, where the value of the property stolen does not exceed Rs. 20 | 379 |
| Mischief when the loss or damage caused does not exceed Rs. 20 in value | 426 |
| Criminal trespass .. .. .. .. | 447 |
| House trespass .. .. .. | 448 |
| Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property | 461 |
| Intentional insult with intent to provoke a breach of the peace | 604 |
| Criminal intimidation .. .. .. .. | 506 |
| Misconduct in public by a drunken person .. .. | 510 |
(b) Under the Prevention of Cruelty to Animals Act, 1890 (XI of 1890), in its application to the Bombay area, Saurashtra area and Kutch area of the State-
| Section | |
| Practising phooka .. .. .. .. | 4 |
| Killing animals with unnecessary cruelty .. .. | 5 |
| Being in possession of the skin of a goat killed with unnecessary cruelty | 5A |
| Employing animals unfit for labour .. .. .. | 6 |
| Baiting or inciting animals to fight .. .. .. | 6C |
| Permitting diseased animals to go at large or to the in public places. | 7 |
(c) Under the Bombay District Vaccination Act, 1892, and that Act in its application to the Saurashtra and Kutch areas of the State of Gujarat-
| Section | |
| Inoculating, entering a vaccination area after inoculation, and bringing person inoculated into such area | 22 |
| Disobedience of order of the Magistrate for the vaccination of any unprotected child under 14 years | 23 |
| Not producing child for being vaccinated .. .. | 24 |
| Neglecting to take child to be vaccinated .. .. | 25 |
(d)(1) Under the Bombay Primary Education Act, 1947 (Bom. LXVII of 1947)-
| Section | |
| Failure to cause child to attend approved school .. .. | 35 |
| Employing child liable for compulsory education .. .. | 36 |
(2) Under the Saurashtra Primary Education Act, 1956 (Sau. Act. XXXIII of 1956)-
| Failure to cause a child to attend approved school .. .. | 29 |
| Employing child liable for compulsory education .. .. | 30 |
(e) Under this Act-
| (i) erecting or re-erecting etc. any building without permission | 93 |
| (ii) obstructions and encroachments upon public streets, grazing lands and open sites. | 94 |
| (iii) destruction or defacement of any number or sub-number of premises or part thereof. | 95 |
| (iv) contravention of a rule .. .. .. | 323 |
| (v) contravention of a by-law .. .. .. | 324 |
(f) Such compoundable offence under any law for the time being in force, as the State Government may specify in this behalf by a notification published in the Official Gazette:
Provided that no offence of theft shall be cognizable by any Nyaya Panchayat unless an accused person has been either apprehended or recognised and named.
230. Certain persons recused of heft not ??? be tried ??? Nyaya panchayats.- No Nyaya Panchayat shall take cognizance of any offence of theft punishable under section 379 of the Indian Penal Code (XLV of 1860) in which the accused-
(a) has been previously convicted of an offence punishable under Chapter XIV or Chapter XVII of the Indian Penal Code (XLV of 1860), with imprisonment of either description for a term of three years or upwards;
(b) has been previously fined for theft by any Nyaya Panchayat;
(c) has been bound over to be of good behaviour in proceedings instituted under section 109, or section 110 of the Code of Criminal Procedure, 1898 (V of 1898).
231. Offenses by ??? against ??? not cognizable by ??? Panchayata.- No Nyaya Panchayat shall take cognizance of any offence specified in section 229 in which either the complainant or the accused is a member of the Nyaya Panchayat or a public servant serving in the district in which gram or nagar for which the panchayat is established is situated:
Provided, however, that a Nyaya Panchayat shall not be debarred from taking cognizance of an offence punishable under section 35 or 36 of the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), or section 29 or 30 of the Saurashtra Primary Education Act, 1956 (Sau. Act XXXIII of 1956), or under section 93, 94 or 95 of this Act, or for a contravention of a rule made under clause (c) of sub-section (2) of section 323 or of a bye-law under sub-section (4) of section 324 thereof, notwithstanding that the complainant in the case is a public servant.
232. Maximum Penalties.- (1) The following ago the maximum penalties which may be inflicted by a Nyaya Panchayat for the offences mentioned in section 229-
for an offence-
(i) under section 35 of the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), and section 29 of the Saurashtra Primary Education Act, 1956 (Sau. Act. XXXIII of 1956), fine not exceeding two rupees and in case of the failure to compel the child to attend an approved school continue after conviction, with fine of fifty naye paise for every day on which the failure continues or is repeated; and
(ii) under section 36 of the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), and section 30 of the Saurashtra Primary Education Act, 1956 (Sau. Act. XXXIII of 1956), fine not exceeding twenty-five rupees;
(iii) under the provisions of any other Act mentioned in section 229 of this Act, fine not exceeding twenty rupees;
(iv) under a rule made under section 323 or by-law made under sub-section (4) of section 324 of this Act, fine not exceeding fifty rupees and in addition not exceeding five rupees per day for a continuing contravention as provided in that sub-section.
(2) No sentence of imprisonment, whether substantive or in default of fine shall be inflicted by a Nyaya Panchayat.
233. Power of State Government to empower particular Nyaya Panchayats to infect enhanced penalties.- Notwithstanding anything in section, 232 the State Government may empower, by notification in the Official Gazette, a Nyaya Panchayat to inflict a maximum penalty of fine not exceeding one hundred rupees for any of the offences mentioned in section 220; except the following:-
(1) section 35 or 36 of the Bombay Primary Education Act, 1947 (Bom. LXI of 1947) or section 29 or 30 of the Saurashtra Primary Education Act, 1956 (Sau. Act. XXXIII of 1956);
(2) an offence under section 23 or 25 of the Bombay District Vaccination Act, 1892 (Bom. I of 1892), or of that Act in its application to the Saurashtra or Kutch area of the State of Gujarat;
(3) an offence under section 6C of the Prevention of Cruelty to Animals Act, 1896, in its application to the Bombay area, Saurashtra area and Kutch area of the State.
234. ??? to complainant.- In inflicting any fine under section 232 or section 233 the Nyaya Panchayat may direct that the whole or any portion of the fine recovered shall be applied-
(a) towards defraying the expenses properly incurred in the case by the complainant, or
(b) in giving compensation to a person for any material loss or damage caused to him by reason of the commission of the offence.
235. ??? to ??? false or ???.- If a Nyaya Panchayat is satisfied after inquiry, that a case brought before it is false, frivolous or vexatious, such Nyaya Panchayat may order the complainant to pay the accused such compensation, not exceeding five rupees, as it thinks fit.
236. ??? Offenders.- Instead of passing any sentence, a Nyaya Panchayat may, after due admonition, discharge a youthful offender who, in the opinion of such Nyaya Panchayat, is at the time of conviction of the offence, under the age of sixteen years.
237. ??? to ??? Nyaya panchayats.- (1) No member of a Nyaya Panchayat who is a party to, or has any interest in, any suit or case shall sit on the Nyaya Panchayat while it in trying such suit or case.
(2) Any dispute as to whether a member of a Nyaya Panchayat is a party to, or interested in, a suit or case shall, on a written application of a party to such suit or case, be referred to the Collector or such officer as he may authorise, in this behalf for decision. The decision of the Collector or such officer shall be final.
238. Res judicata pending and ???.- (1) No Nyaya Panchayat shall try any suit or issue in respect of any matter which is pending for decision or has been heard and decided by a court of competent jurisdiction in a previously instituted suit between the same parties or those under whom they claim.
(2) Where an accused person has been tried for any offence and duly convicted or acquitted, a Nyaya Panchayat shall not take cognizance of such offence or, on the same facts, of any other offence of which the accused might have been charged or convicted.
239. Suite to include whole claims.- Every suit instituted before a Nyaya Panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim to bring the suit within the jurisdiction of the Nyaya Panchayat.
If a plaintiff intentionally omits to sue in respect of, or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
240. Institution of suits and cases.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), every case instituted under this Act shall be instituted before the member of the Nyaya Panchayat of the gram or nagar in which the offence is committed, and if he be absent then before the Sarpanch or as the case may be Chairman of the panchayat, and in his absence before the Up-Sarpanch or as the case may be the Vice-Chairman thereof.
(2) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), every suit instituted under this Act shall be instituted before the member of the Nyaya Panchayat of the gram or nagar in which the defendant, or any of the defendants where there are more than one, ordinarily resides or carries on business at the time of the institution of the suit, irrespective of the place where the cause of action arose and in the absence of such member, shall be instituted before the Sarpanch or as the case may be, Chairman of the panchayat, and in his absence before the Upa-Sarpanch or as the case may be Vice-Chairman thereof.
241. Return of complaints.- Any Magistrate upon receiving a complaint of facts constituting an offence cognizable by a Nyaya Panchayat shall return the complaint for presentation to the Nyaya Panchayat having jurisdiction to try the same.
242. Bar of jurisdiction of courts in suits and cases.- Notwithstanding anything contained in any law for the time being in force, no court shall entertain any suit specified in section 227 or take cognizance of any offence specified in section 229 unless and until the District or the Sessions Court, as the case may be, has passed an order in writing under section 270 or 282.
243. Pending cases before Nyaya Panchayat when three or more vacancies occur.- Where, for any reason, three or more vacancies occur in the Nyaya Panchayat, the Nyaya Panchayat shall hear and dispose of all suits, cases and proceedings pending before it a new as if such suits, cases and proceedings were instituted after the new members had taken their office as members of such Nyaya Panchayat.
Chapter-XIII - Procedure of Nyaya Panchayats in suits and cases and procedure in conciliation proceedings
CHAPTER XIII
Procedure of Nyaya Panchayats in suits and cases and procedure in conciliation proceedings.
(A) Institution of Suits and Cases.
244. Suite and cases how instituted.- Any person intending to institute a suit or case under this Act before a Nyaya Panchayat shall make an application in writing to the person before whom a suit or case can be instituted under section 240, and shall at the same time pay the prescribed fees:
Provided that an officer authorised under any law mentioned in clause (d) of section 229, who intends to institute a case of the nature specified in that clause may send such application by registered post
245. Registers to be maintained.- One or more registers of all suits and of all cases instituted under section 244 shall be maintained by the Nyaya Panchayat in the manner prescribed.
(B) Conciliation Proceedings.
246. Suitor case to be referred to conciliation panch.- (1) On the institution of a suit or case under section 244, the administrative panch shall refer it to the Chairman of the conciliation panch.
(2) On receipt of a reference under sub-section (1), the Chairman shall fix a date, time and place for conciliation in the matter, give intimation thereof, to the person instituting the suit or case and call upon the opposite party to the suit or case to suggest the name of a person to Act as a member of the conciliation panch in the case and to appear before him on the date so fixed.
(3) If any party does not suggest the name of any person to act as a member of the conciliation panch on or before the date fixed under sub-section (2) it shall be presumed that no does not wish to have the dispute settled by conciliation and that there has been a failure in effecting a compromise.
247. Duty of each party to appear before conciliation panch.- (1) It shall be the duty of each party to the suit or case to appear before the Chairman of the conciliation panch at the time, date and place fixed by the Chairman.
(2) If any party fails without sufficient cause to comply with the requirements of sub-section (1), he shall be liable to a fine up to five rupees and for each subsequent default in complying with such requirements he shall be liable to a fine up to ten rupees.
(3) Any fine levied under sub-section (2) shall form part of the gram fund or as the case may be, the nagar fund.
248. Constitution of conciliation panch.- (1) If the opposite party suggests the name and address of a person to act as member of the conciliation panch, then the Chairman, the person suggested by the person instituting the suit or case and the person suggested by the opposite party shall constitute the conciliation panch.
(2) The secretary of the gram panchayat or as the case may be, nagar panchayat shall act as the clerk of the conciliation panch for the purpose of recording its proceedings and performing such other duties as may be prescribed.
249. Proceedings to be oral.- The conciliation proceedings before a conciliation panch shall be oral, and as far as possible, continuous and shall be concluded within a period of thirty days from the date of reference under section 246:
Provided that the Chairman of the Nyaya Panchayat may extend the period up to sixty days in the aggregate.
250. Procedure of conciliation proceedings.- (1) The conciliation panch shall hear the witness produced by the parties or witnesses who appear voluntarily.
(2) Statements made or evidence tendered by witnesses in the conciliation proceedings shall not be recorded in writing.
(3) The conciliation panch shall have no power to administer oaths to parties and witnesses.
(4) If the conciliation panch does notes succeed in effecting a compromise between the parties, the fact shall be recorded in the record of the conciliation proceedings.
(5) If the conciliation panch succeeds in effecting a compromise between parties, the compromise shall be reduced into writing and brought on record.
(6) The record of the conciliation proceedings shall contain the following particulars, namely
(i) place of the proceedings and the date or dates on which they were held,
(ii) names of the parties and of their representatives, if any, appearing before the conciliation panch,
(iii) brief statement of the claims of each party,
(iv) whether compromise has been effected and if se the terms thereof.
(7) The record of the conciliation proceedings shall be read out to the parties and the fact that the same has been be read out to the parties and admitted by the parties as correct shall be endorsed on the record.
(8) The parties and all the members of the conciliation panch shall sign the record of the conciliation proceedings and if any of them is illiterate, lie shall affix his thumb impression thereon.
252. Final order to be framed by Nyaya Panchayat.- Where a compromise is effected under section 250, the Nyaya Panchayat shall pass a decree in accordance with the compromise or as the case may be, pass an order permitting the case to be compounded.
253. Conciliation proceedings to be confidential.- No member of the conciliation panch shall disclose to any person, court or authority anything which may have come to his knowledge in the course of the conciliation proceedings nor shall he be compelled by any court or authority to answer any question relating to such proceedings.
254. Plaintiff or complainant to attend next sitting of Nyaya Panchayat.- Every suit or case instituted in accordance with the provisions of section 244 shall on the production of a certificate under section 251 be brought before the Nyaya Panchayat at its sitting in the gram or nagar concerned and the plaintiff or complainant, as the case may be, shall as soon as may be, be informed of the time and place fixed for such sitting and directed to attend at that time and place.
256. Summons by whom served.- Such summons shall ordinarily be caused to do served by the patel or village headman. Where there are two patels in a village, one of whom is a revenue patel and the other a police patel, the summons shall ordinarily be served by the revenue patel if it relates to a suit, and by the police patel if it relates to a case:
Provided, however, that a Nyaya Panchayat may cause the summons to be served through any other person.
257. Mode of service of summons.- The summons shall be in duplicate, signed by a member of the Nyaya Panchayat and shall, as far as possible, be served personally on the defendant or accused, as the case maybe, whose signature or thumb impression shall be taken in token of service. If the defendant or accused cannot be found and the Nyaya Panchayat is satisfied that he is evading service or if he refuses to take the summons, the Nyaya Panchayat may order service to be made on an adult male member of his family residing with him or by affixing a copy thereof upon some conspicuous part of the house in which no ordinarily resides.
258. Mode of service outside gram or nagar.- If a defendant or accused is at the time of the issue of the summons outside the jurisdiction of the Nyaya Panchayat, the summons may be forwarded by the Nyaya Panchayat to the Collector or to any Officer not below the rank of a Mamlatdar, or Mahalkari, who may be authorised by the Collector in this behalf, and the Collector or such officer shall cause the summons to be served as if it were summons from his own court.
259. Exemption of certain persons from appearance in suit.- (1) Women, who according to the customs and manners of the country, ought not to be compelled to appear in public, shall be exempted from personal appearance before a Nyaya Panchayat in any suit or case.
(2) Persons exempted from personal appearance in any court under section 133 of the Code of Civil Procedure, 1908, shall also be exempted from personal appearance before a Nyaya Panchayat in a suit.
260. Issue of summons ??? witnesses.- (1) A Nyaya Panchayai may, if it considers the evidence of, or the production of a document by, any person necessary in a suit or case, issue a summons to such person to compel him to attend or to produce or cause the production of such document, and such person shall be bound to comply with the directions contained in the summon is such summons shall be in the form and served in the manner as hereinbefore provided.
(2) A Nyaya Panchayat may refuse to summon a witness or to enforce a summons already issued against a witness where, in its opinion, the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which in the circumstances would be unreasonable.
(3) No Nyaya Panchayat shall enforce the attendance of any person living outside the limits of the gram or nagar where the sitting of the Nyaya panchayat is held to give evidence, or to produce a document, unless such sum of money is deposited with the Nyaya Panchayat as appears to the Nyaya Panchayat to be sufficient to defray his reasonable expenses.
(4) If after the service of summons upon him, a witness fails to appear either in person or by a representative, or to produce any document, the Nyaya panchayat may apply to the relevant Judge mentioned in sub-section (1) of section 24 having jurisdiction in the area if the summons was issued in a suit or to the Magistrate having jurisdiction in the area, if the summons was issued in a case, and such Judge or Magistrate, as the case may be, shall compel the attendance of any such witness in person or by his representative or the production of the document by him before the Nyaya Panchayat, as if such Judge or Magistrate were a Court trying the suit or the case, unless such Judge or Magistrate considers that the attendance of any such witness, or the production of the document by him is not necessary for the proper adjudication of the suit or case.
(5) No Nyaya Panchayat shall compel any person to give evidence or to disclose any communication or to produce any document which such person cannot be permitted to give or compelled to disclose or produce or is forbidden so to do, under the provisions of the Indian Evidence Act, 1872 (I of 1872), or by or under any other law for the time being in force.
261. Leaders, ??? excluded from appearance.- (1) Any party to any suit or case before a Nyaya Panchayat may be permitted on reasonable cause being shown to the satisfaction of the Nyaya Panchayat to employ his relative, servant or dependant, who is not, or has not previously been a lawyer to appear either conjunctly with or in lieu of such party:
Provided that where any such relative is related to the party as father, husband, wife, son or unmarried daughter of the party, the party may be permitted to employ such relative notwithstanding that he is, or has previously been a lawyer and in such a case the opposite party shall be permitted to appear through a lawyer.
(2) Save as provided in sub-section (1), no lawyer shall be permitted to appear on behalf of any party to any suit or case before a Nyaya Panchayat.
(3) When a relative, servant or dependant appears in lieu of a party, he shall be furnished by such party with a written authority defining the extent to which he is empowered to act.
Explanation.- For the purposes of this section "lawyer" means a pleader or vakil or an advocate or attorney of a High Court.
262. Decision of suits or cases ??? facts ascertained.- (1) It shall be the duty of a Nyaya Panchayat to ascertain the facts of a suit or case before it after holding an enquiry in accordance with the provisions of this Act and the rules thereunder.
(2) Nothing in any enactment relating to evidence or procedure shall in any way affect the powers of a Nyaya Panchayat to hold such enquiry.
(3) After holding such enquiry, a Nyaya Panchayat may pass such decree or order, with or without prescribed fees subject to the provisions of this Act, as may in its opinion seem just and equitable. Such decree or order shall state the finding and brief statement of the reasons therefor.
(4) A Nyaya Panchayat may, in passing such decree or order, award costs of the suit and the costs of the suit shall include the amount of fees paid for the institution of the suit.
263. Decision of Nyaya Panchayat.- The decision of a Nyaya Panchayat shall be in accordance with the opinion of the members of the Nyaya Panchayat present at the sitting, or of the majority of such members. If the members are equally divided, the Chairman shall have and exercise a second or casting vote.
264. Adjournment.- The Nyaya Panchayat may, from time to time, adjourn the hearing of any suit or case, provided that such adjournment is, in its opinion, unavoidable or necessary to a just and equitable decision of the suit or case.
265. Disposal of suite and cases in absence of party concerned.- (1) If the plaintiff or complainant fails to appear, after having been informed of the time and place fixed for the hearing, the Nyaya Panchayat may hear and decide the suit or case in his absence.
(2) The Nyaya Panchayat may hear and decide a suit or case in the absence of the defendant or the accused, if a summons has been served upon him in the manner hereinbefore provided or if he has been informed of the time and place fixed for hearing:
Provided that no sentence shall be passed by a Nyaya Panchayat on any accused unless he has appeared, either in person or by a representative, before the Nyaya Panchayat and the substance of his statement has been recorded in the prescribed register.
(3) If, after the service of summons upon him, the accused fails to appear either in person or by a representative, the Nyaya Panchayat may apply to the Magistrate having jurisdiction in the area, and such Magistrate shall compel the accused to appear in person or by his representative before the Nyaya Panchayat, as if he were a court trying the case.
(4) Where an accused person has, under sub-section (3), been compelled to appear before the Nyaya Panchayat it shall forthwith take his statement and thereafter his attendance at the hearing of the case shall not be compulsory.
266. Compromise of suite and compounding of cases.- (1) Where it is proved to its satisfaction that a suit has been adjusted wholly or in part by oath or by any lawful agreement, compromise or satisfaction, the Nyaya Panchayat shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith be far as it relate to the suit.
(2) A Nyaya Panchayat may permit any case to be compounded.
(3) When a Nyaya Panchayat does not pass a decree in accordance with the agreement, compromise or satisfaction under sub-section (1) or does not permit a case to be compounded under sub-section (2), it shall record its reasons therefor in writing.
267. Death of parties.- When any party to a suit dies before a decree has been passed, the suit shall abate, but a fresh suit may be brought on the same cause of action and the period during which the suit was pending shall be excluded in computing the period of limitation for the fresh suit.
268. Nyaya Panchayat Act to revise or alter its decision.- (1) Except as provided in sub-section (2), a Nyaya Panchayat shall not have power to cancel, revise or alter any decree or order passed by it.
(2) On an application made within one month from the date of the decree or order of a Nyaya Panchayat, the Nyaya Panchayat may, for reasons to be recorded in writing, restore any suit which has been dismissed for default or in which an ex parte decree or order has been passed against the defendant.
269. Interest and instalments.- In suits for money, a Nyaya Panchayat may, in its discretion, direct payment of interest on the sum decreed, at a rate not exceeding six per cent, per annum, from the date of the decree until the date of payment, and of any fees which may he prescribed.
When a Nyaya Panchayat decrees the payment of a sum of money in a suit it may direct that it be paid by instalments, without interest or with interest not exceeding the above rate.
270. Reference by Nyaya Panchayat to District Court or Sessions Court.- (1) When any Nyaya Panchayat is of opinion that any suit or case before it is of such nature, or of such difficulty or importance that it ought to be tried by a court, or that the accused in a case ought to receive a punishment different in kind from or more severe than, that which such Nyaya Panchayat is empowered to inflict it shall stay proceedings, and refer the suit to the District Court or the case to the Sessions Court for orders.
(2) If the District or Sessions Court, as the case may be, is of the opinion that the suit or case is of such nature, difficulty or importance that it ought not to be tried by the Nyaya Panchayat or that the accused in a case ought to receive a punishment different in kind from, or more severe than, that which such Nyaya Panchayat is empowered to inflict, such court shall pass orders directing the plaintiff or complainant to the civil or criminal court, as the case may be, competent to take cognizance of such suit or case.
(3) If the District or Sessions Court, as the case may be, is of opinion that the suit or case is not of such nature, difficulty or importance that it ought to be tried by a court, or that the accused in a case ought not to receive a punishment different in kind from, or more severe than, that which such Nyaya Panchayat is empowered to inflict, such court shall return the suit or case to the Nyaya Panchayat which made the reference, for disposal.
271. No appeal against decree or order of Nyaya Panchayat but revision lies.- (1) No appeal shall lie against the decree or order passed by a Nyaya Panchayat in a suit or case.
(2) But on an application made by any of the parties, or of its own motion,-
(a) a District Court in a suit, or
(b) a Sessions Court in a case, may call for and examine the record or proceedings of a Nyaya Panchayat for the purpose of satisfying itself as to the legality or propriety of any decree or order passed or as to the regularity of the proceedings held by such Nyaya Panchayat.
(3) If it appears to the District or Sessions Court, as the case may be, that the decree, order or proceedings so called for should be modified, cancelled or reversed it may pass such order as it thinks just.
(4) The period for filling an application by any of the parties under sub-section (2) shall be thirty days from the date of the decree or order and the Provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908), shall apply to the computation of the aforesaid period.
272. Finality of decree and orders.- Every order passed under section 270, 271, 282 or 283 by a District Court or by a Sessions Court shall be final, and shall not be subject to any appeal, revision or review.
273. Custody and disposal of property pending trial.- When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a Nyaya Panchayat during trial, the Nyaya Panchayat may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial and if the property is subject to speedy or natural decay, or if it is otherwise expedient so to do, it may after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
274. Disposal of property regarding which offence committed.- (1) On the conclusion of a trial before it a Nyaya Panchayat may make such order as it thinks fit for the disposal by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or in its custody or regarding which any offence appears to have been committed or which has been used for the commission of any offence.
(2) When an order is made under this section such order shall not, except where the property is livestock or subject to speedy and natural decay, and save as provided by sub-section (3), be carried out for two months.
(3) Nothing in this section shall be deemed to prohibit a Nyaya Panchayat from delivering any property under the provisions of sub-section (1) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Nyaya Panchayat engaging to restore such property to it if the order made under this section is modified or set aside in revision.
Explanation.- In this section the term "property" includes in the case of property regarding which an offence appears to have been committed not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
Chapter-XIV - Execution of decrees and orders of Nyaya Panchayats
CHAPTER XIV
Execution of Decrees and Orders of Nyaya Panchayats.
275. Satisfaction or adjustment of decree to be recorded.- If, on the application of a decree-holder or judgment-debtor the Nyaya Panchayat, after enquiry finds that the decree has been satisfied or adjusted, wholly or in part, the Nyaya Panchayat shall record the fact in the prescribed register.
276. Execution through Collector.- (1) If, after a period of one month from the date of a decree, the decree remains unsatisfied or unadjusted, in whole or in part, the decree-holder may within one year of the date of the decree, apply to the Nyaya Panchayat for execution.
(2) On such application for execution, the Nyaya Panchayat shall certify be the Collector that the decree remains unsatisfied or unadjusted in whole or in part, and on receipt of such certification the Collector, provided that the Nyaya Panchayat has so certified to the Collector within one year from the date of the application for execution, shall-
(a) if the decree is for money, proceed to recover it as if it were an arrear of land revenue;
(b) if the decree is for any specific movable property, cause the decree to be executed, as if it were a decree of a civil court, and in so acting no may exercise all the powers of civil court.
277. Execution of instalment decree through Collector.- (1) If, after a period of one month from the date fixed for the payment of any instalment of a sum of money decreed by a Nyaya Panchayat under section 269 an instalment or any portion thereof remains unpaid, the decree-holder may, within one year of the date when it fell due, apply for execution to the Nyaya Panchayat.
(2) On such application for execution, the Nyaya Panchayat shall certify to the Collector that the instalment or a portion thereof still remains unpaid and on receipt of such certification the Collector, provided the Nyaya Panchayat has so certified to the Collector within one year from the date of the application for execution, shall proceed to recover the amount of the instalment so remaining unpaid as if it were an arrear of land revenue.
278. Satisfaction of decree or instalment after certificates.- If, after the issue of the certificate to the Collector under section 276 or 277 but before the decree has been executed through the Collector, the decree or the instalment is fully satisfied and satisfaction is recorded under section 275 the Nyaya Panchayat shall forthwith certify such satisfaction to the Collector who shall thereupon stay the execution proceedings. All sums of money realised by execution through the Collector shall, after satisfaction of the decree, be refunded to the judgment-debtor.
279. Fine and compensation when payable and mode of recovery.- (1) Every fine imposed and every sum ordered to be paid as a compensation under sections 232, 233, 234 and 235 by a Nyaya Panchayat shall be payable at once;
Provided that the Nyaya Panchayat may allow any person ordered by it to pay fine or compensation to pay the same within such time, not exceeding fifteen days, as it may think proper and on such terms as to security as seems to the Nyaya Panchayat necessary to impose.
(2) If the amount of fine or compensation remains unpaid for fifteen days from the date of the order, the Nyaya Panchayat shall recover the same by distraint and sale of the defaulter's movable property.
(3) If the amount of fine or compensation is not fully recovered, the Nyaya Panchayat shall certify accordingly to the Collector, and on receipt of such certification the Collector, provided the Nyaya Panchayat has so certified to the Collector within a period of one year from the date when the amount became recoverable by the Nyaya Panchayat under sub-section (2), shall proceed to recover it as if it were an arrear of land revenue and shall remit the amount so recovered to the Nyaya Panchayat.
280. Fine or compensation when realised to be recorded.- As soon as the amount of fine or compensation referred to in section 279 is realised by the Nyaya Panchayat whether directly or through the Collector, the amount so realised shall be entered in the prescribed register.
281. Payment of compensation out of village fund.- Any money which has been ordered by the Nyaya Panchayat under section 232 or section 233 to be paid as expenses or compensation, shall be paid by it out of the amounts realised under sections 230 and 231.
282. District Court or Sessions Court may quash proceedings.- (1) The District Court in any suit and the Sessions Court in any case may, at any time, either on the application of an aggrieved party or otherwise or on a reference made by a Nyaya Panchayat under section 270, by order in writing quash any proceedings of a Nyaya Panchayat at any stage, or cancel any decree or order passed by a Nyaya Panchayat,
(2) When an order has been passed by the District Court under sub-section (1) in respect of any suit, the plaintiff may institute a fresh suit for the same relief in a Civil Court and the period from the date of the institution of the suit before the Nyaya Panchayat to the date of such order shall be excluded in computing the period of limitation for the fresh suit.
(3) Where an order has been passed by the Sessions Court under sub-section (1) in respect of any case, proceedings in respect of the same offence may be instituted in the court of a magistrate having jurisdiction.
283. Transfer of suit or case by District Court or Sessions Court.- (1) The District Court in any suit, and the Sessions Court in any case, may at any time on the application of an aggrieved party or otherwise by order in writing transfer any suit or case, as the case may be, to a civil or criminal court competent to try the same.
(2) On the transfer of such suit or case, the court to which it is transferred shall hear such suit or case anew, as if such suit or case was instituted before it.
284. Procedure in proceedings before District. Court and Sessions Court.- Subject to the provisions of this Act, in regard to all proceedings under this Act, District Court and Sessions Court shall have the same powers and shall follow the same procedure as they respectively have and follow in regard to proceeding in connection with decrees or orders of courts subordinate to them in their ordinary jurisdiction.
285. But to arrest and imprisonment in elocution of decree.- No person shall be arrested or imprisoned in execution of a decree under the provisions of this Act.
Chapter-XV - Control
CHAPTER XV
Control
286. Power of Government to prepare Statewide projects etc. not affected.- Nothing in this Act shall affect the power of the State Government to prepare for the whole State the Five-Year Plan or the project and programmers relating to the construction of roads, water supply, or any other matter or to undertake any project or programme concerning a district or more districts than one.
287. Panchayats to form part of Statewide panchayat organization and to perform functions so as to carry cut the State policy.- The gram panchayats, nagar panchayats, taluka panchayats and District panchayats, notwithstanding that they are separate bodies corporate having distinct territorial jurisdiction and distinct functions to perform-
(1) shall form part of the panchayat organisation set up for the purpose of securing a greater measure of participation by the people of the State in local and governmental functions;
(2) shall perform the functions and duties assigned to them by or under this Act so as to conform to the State Five Year Plans and the National Five-Year Plans and to the State policy in general;
(3) shall carry their administration faithfully and efficiently.
288. Power of Government, to issue directions.- Where the functions and duties assigned to gram panchayats nagar panchayats, taluka panchayats and district panchayats under the Panchayat Functions List relate to the same subject, then in order that the functions and duties may not overlap or that the responsibility for performing any such function or duty is not shifted by one panchayat to another on account of any ambiguity or misunderstanding, the State Government may, from them to time, by an order in writing, issue to all, or any of the panchayats such directions as it may think necessary for avoiding any such overlapping of functions, or shifting of the responsibility and the panchayats shall be bound to exercise their powers, and perform their functions and duties in conformity with such directions.
289. Necessity of administrative sanction etc. to work or schemes, grant-in-aid and acquisition of property.- (1) Subject to the provisions of sub-section (2) no work or development scheme which a panchayat intends to undertake as part of its functions and duties under this Act shall be commenced unless a detailed estimate of the cost of such work or development scheme has been approved by the panchayat and the plan thereof is approved by the prescribed authority.
(2) No such work or development scheme shall be commenced and no grant-in-aid shall be made by a panchayat from its fund unless previous sanction has been accorded thereto by such authority as may be prescribed by rules in that behalf.
(3) The provisions of sub-section (2) shall mutatis mutandis apply to an acquisition of property by a panchayat.
290. Appeals against order of gram or nagar panchayat.- (1) Save as otherwise provided in this Act, an appeal shall lie to the district panchayat against any order or decision of a gram panchayat or nagar panchayat affecting any individual or institution.
(2) Such appeal shall be made within a period of thirty days from the date of the order or decision.
(3) The district panchayat may pass such order on the appeal as it may deem just and proper and the order on appeal shall be final.
291. Power to call for proceedings.- (1) The district panchayat shall have power-
(a) to call for any proceeding of any panchayat subordinate to it or an extract therefrom, any book or document in the possession of or under the control of any such subordinate panchayat and any return, statement, account or report which the district panchayat thinks fit to require such panchayat to furnish, and
(b) to require any such subordinate panchayat to take into consideration-
(i) any objection which appears to the district panchayat to exist to the doing of anything which is about to be done or is being done by such subordinate panchayat, or
(ii) any information which the district panchayat is able to furnish and which appears to the district panchayat to necessitate the doing of a certain thing by the subordinate panchayat.
and to make a written reply to the district panchayat within a reasonable time stating its reasons for not desisting from doing or for not doing such things.
(2) An officer authorised by the State Government in this behalf by a general or special order shall, in respect of a district panchayat, have the same powers as a district panchayat has under sub-section (1) in respect of a panchayat subordinate to it.
292. Powers of entry.- The district panchayat may authorise its President, Vice-President or Secretary to enter on and inspect, or cause to be entered on and inspected, at all reasonable times any immovable property occupied by any panchayat or any work in progress under its direction.
293. Reduction of establishment.- (1) If, in the opinion of the district panchayat the number of persons maintained by a panchayat subordinate to it as officers or servants, or the remuneration given or proposed to be given by the panchayat to such persons is excessive, the panchayat shall, on being required by the district panchayat, reduce such number or remuneration.
(2) The panchayat may appeal to the State Government or an officer authorised by it in that behalf against any requisition made under sub-section (1), and the decision of the State Government or the officer so authorised shall be final.
294. Suspension of execution of order.- (1) If, in the opinion of the Taluka Development Officer the execution of any order or resolution of a panchayat subordinate to the taluka panchayat or the doing of anything which is about to be done, or is being done by or on behalf of such panchayat, is unlawful, he may by order in writing suspend the execution or prohibit the doing thereof.
(2) When the Taluka Development Officer makes an order under sub-section (1), he shall forthwith send to the panchayat affected thereby a copy of the order, with a statement of the reasons therefor.
(3) The Taluka Development Officer shall forthwith submit to the District Development Officer a report of every case occurring under this section and the District Development Officer may revise or modify any order made therein and make in respect thereof any other order which the Taluka Development Officer could have made.
(4) The District Development Officer in respect of a taluka panchayat shall have the same powers as Taluka Development Officer has in respect of a gram or nagar panchayats under sub-sections (1), (2) and (3) subject to the modification that he shall submit a report under sub-section (3) to the State Government. The State Government may pass such order thereon as it may deem fit.
(5) An officer authorised by the State Government in this behalf by a general or special order, shall in respect of a district panchayat, have the same powers as the District Development Officer has in respect of a taluka panchayat under this section.
(6) If in the opinion of the Collector the execution of any order or resolution of any panchayat or the doing of anything which is about to be done or is being done by or on behalf of such panchayat, is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace, the Collector may by order in writing suspend the execution or prohibit the doing thereof and shall forthwith-
(a) send to the panchayat affected thereby a copy of the order, with a statement of the reasons therefor, and
(b) submit to the State Government a report thereof.
295. Execution of work in case of emergency.- (1) In cases of emergency the Taluka Development Officer may provide for the execution of any work or the doing of any act which a panchayat subordinate to a taluka panchayat is empowered to execute or do, and the immediate execution or doing whereof is, in his opinion, necessary for the health or safety of the public and may direct that the expense of executing the work or doing the act shall be forthwith paid by the panchayat.
(2) If the expense is not so paid, the Taluka Development Officer may direct the officer in charge of the treasury in which the fund of the panchayat is kept to pay such expense or so much thereof as is possible, from the balance of such fund in his hands and the officer in charge of the treasury shall comply with such directions.
(3) The Taluka Development Officer shall forthwith report to the District Development Officer every case in which he exercises his powers under sub-section (1).
(4) The District Development Officer in respect of a taluka panchayat shall have the same powers as Taluka Development Officer has in respect of a gram or nagar panchayat under sub-sections (1), (2) and (3) subject to the modification that he shall submit a report under sub-section (3) to the State Government.
(5) An officer authorised by the State Government in this behalf by a general or special order, shall in respect of a district panchayat, have the same powers as the District Development Officer has in respect of a taluka panchayat under this section.
296. Defaulting performance of duty.- (1) If at any time, it appears to the district panchayat that any panchayat subordinate to it has made default in the performance of any duty imposed on it under this Act, it may order the duty to be performed within a specified period, and if the duty is not performed within the period specified, the district panchayat may appoint a person to perform it, and direct that the expense of performance shall be paid by the defaulting panchayat within such period as the district panchayat may fix.
(2) If The expense is not so paid, the district panchayat may direct the person in custody of the fund of the panchayat to pay such expenses, or so much there of as is possible, from the balance of such fund in his hands, and-such person shall pay such expense or part thereof accordingly.
(3) If at any time it appears to the State Government or any officer authorised by the State Government in this behalf, that a panchayat has made default in the performance of any duty and that the district panchayat has failed or neglected to take action under sub-section (1), the State Government or the officer authorised, as the case may be, may take such action as could have been taken by the district pane bay at under sub-sections (1) and (2).
(4) The district panchayat or the officer authorised, as the case may be, shall forthwith report to the State Government every case occurring under this section and the State Government may revise or modify any order made therein, and make in respect thereof, any other order which the district panchayat could have made.
(5) An officer authorised in this behalf by the State Government by a general or special order shall, in respect of district panchayat, have the same powers as the district panchayat has in respect of the panchayat subordinate to it under this section.
297. Dissolution or supersession of panchayat for default.- (1) If, in the opinion of the State Government, a panchayat exceeds or abuses its powers or is incompetent to perform or makes persistent default in the performance of, the duties imposed on it or functions entrusted to it under any provision of this Act or by or under any other law for the time being in force, or fails to obey an order made under this Act by the panchayat superior thereto or by the State Government or any officer authorised by it, under this Act or persistently disobeys any of such orders the State Government may, after consultation with the district panchayat in the case of a panchayat subordinate to it and after giving the panchayat an opportunity of rendering an explanation, by order in the Official Gazette
(i) dissolve such panchayat, or
(ii) supersede such panchayat for the period specified in the order; such period may be longer than the term for which the members of the panchayat would have held office under section 17 if the panchayat had not been superseded under this section.
(2) When a panchayat is dissolved or superseded, all members of the panchayat shall from the date specified in the order, vacate their office as such members.
(3) When the panchayat is dissolved or superseded it shall be reconstituted in the manner provided in this Act.
(4) If a panchayat is dissolved or superseded-
(a) all the powers and duties of the panchayat shall, during the period of dissolution or supersession, as the case may be, be exercised and performed by such person or persons as the State Government may, from time to time appoint in that behalf; and
(b) all property vested in the panchayat shall during the period of dissolution or supersession, as the case may be, vest in the State Government; and
(c) on the dissolution or, as the case may be, on the expiry of the period of supersession, the panchayat shall be reconstituted in the manner provided in this Act, and the persons vacating office shall be eligible for re-election.
298. ??? of panchyats ??? of ??? of ???.- (1) When during the term of any panchayat the limits of the area (whether a gram, nagar, taluka or district) for which it is established are altered, the State Government may, by order in writing, dissolve such panchayat and direct a panchayat-
(i) to be reconstituted for the are for which the panchayat has been dissolved or
(ii) to be established for the area which has been newly formed as a gram, nagar, taluka or district, as the case may be.
The members of the panchayat which has been dissolved shall vacate their office from the date specified in the order.
(2) The panchayat reconstituted or established under the provisions of sub-section (1) shall consist of such members, either elected, or appointed in such manner as the State Government shall, by order in writing, direct.
(3) The Sarpanch and Upa-Sarapanch or the Chairman and Vice Chairman or, as the case may be, the President and Vice President of the panchayat so reconstituted or established shall be elected in the manner provided in this Act.
(4) The term of the panchayat so reconstituted or established shall be for such period, not exceeding one year, as the State Government shall, by order in writing, specify.
(5) On the expiry of the term of the panchayat in accordance with the provisions of sub-section (4) the panchayat shall be constituted for the newly formed gram, nagar, taluka or, as the case may be, district in the manner provided by this Act.
299. Vesting of property ??? of ??? which has been dissolved and reconstituted or ???.- (1) When a panchayat has been dissolved and reconstituted or established under section 298 then so much of its fund and other property vesting in the panchayat which has been dissolved shall vest in, and such portion of the debts and obligations shall be transferred to, the reconstituted or established panchayat as the State Government may, by order in writing, direct.
(2) The rights and liabilities of the panchayat which has been dissolved in respect of contracts, agreements and other matters or things arising in or relating to any part of the area subject to the authority of the reconstituted or established panchayat shall vest in such panchayat.
(3) Any notice, tax, face, cess, order, licence, permission, rule or by-law issued, imposed, granted or made in respect of any part of the area subject to the authority of the reconstituted panchayat shall be deemed to have been issued, imposed, granted or made by or in respect of such panchayat unless and until it is superseded by-any notice, tax, fee, cess, order, licence, permission, rule or by law made issued, imposed, granted or made by or in respect of such panchayat.
300. Effect of ares being excluded from gram.- Where by a notification under section 9 any local area forming part of a gram or nagar is excluded from such gram or nagar and such area is not included in or declared to be gram or nagar so much of the gram fund or, as the case may be nagar fund and other-property vesting in the panchayat of the grain or nagar of which such area formed part, as the State Government by order in writing direct, shall vest in the State Government to be utilized for the benefit of the area as the State Government may think fit.
301. Effect of ares ceasing to be gram or nagar.- On any area ceasing to be a gram or nagar by virtue of any notification under section 9-
(a) the panchayat shall be dissolved and all members of the panchayat shall vacate office as from the date of the notification;
(b) The unexpended balance of the fund of the panchayat and the property (including arrears of rates, taxes and fees) vesting in the panchayat shall gosh in the State Government to be utilized for the benefit of the inhabitants of the areas as the State Government thinks fit.
(c) the Nyaya Panchayat if any constituted for the group in which the gram was included shall continue to function for the remaining grams of the group unless the number of the remaining grains is rendered less than three.
302. Effect of dissolution or supervision of panchayat or of withdrawal of judicial powers of Nyaya Panchayat or Nyaya Panchayats and proceedings pending before there.- (1) When a panchayat is dissolved or superseded under sections 207 or the member elected by such panchayat shall case to be a member of the Nyaya Panchayat concern, and the State Government shall appoint a person to the Nyaya Panchayat from amongst the members of the Gram Sabha of the gram or, as the case may be, qualified voters of the nagar.
(2) Where all the judicial powers of a Nyaya Panchayat have been withdrawn under sub-section (3) of section 518, such Nyaya Panchayat shall be deemed to have been dissolved and all members of the Nyaya Panchayat shall vacate their office as from the dato of the withdrawal of judicial powers.
(3) On the dissolution of a Nyaya Panchayat under sub-section (2)-
(i) The provisions of sub-sections (2) and (3) of section 282 shall be deemed to apply in respect of any suits or cases pending before the Nyaya Panchayat as if the District or Sessions Court, as the case may be, has passed an order under sub-section (i) of section 282 quashing such suit or cases; and
(ii) all pending proceedings and applications for the execution of decrees or or does in suits, and for the recovery of fines and compensation in cases shall no transferred to the Court of the Civil Judge of the lowest grade or the Court of the Magistrate, as the case may be, who world have had jurisdiction to try the suit or case if the Nyaya Panchayat had not been constituted and such Civil Court or the Court of Magistrate, as the case may he, shall deal with the proceedings or applications as if the suit or case out of which the proceedings or applications arose, had been heard and decided by such Civil Court or the Court of such Magistrate.
(4) If any local area is excluded from a gram or nagar and no panchayat is constituted for the ares so excluded, the provisions of sub-section shall, so far as may be, apply in respect of any suits, cases, proceedings or applications which may he pending before the Nyaya Panchayat in respect of the said area as if so far as such suits, proceedings and applications are concerned, the Nyaya Panchayat had been dissolved.
303. Powers and duties of Panchayat or Nayaya Panchayat not validly constituted to be performed by person appointed by Government or by Court as the case bay be.- (1) (a) Notwithstanding anything contained in this Act or the rules or by-laws made thereunder if at any time it appears to the State Government that a panchayat has not been validly constituted under this Act, the State Government may, by notification in the Official Gazette cause all or any of the powers and duties performed by such person or persons in such manner and for such period and subject to such conditions as it may think lit;
Provided that on the reconstitution of the panchayat under sub-section (2) such notification shall case to have effect from the date, on which the first meeting of the panchayat so reconstituted is hold under section 44, 55 or 67.
(b) On the issue of such notification the member of the Nyaya Panchayat elected by such panchayat shall cease to be a member of the Nyaya Panchayat having jurisdiction, and such Nyaya Panchayat shall cease to exercise any powers in respect of suits or cases instituted before such member, or the Sarpanch or the Upa Sarpaneh of the gram or, as the case may be, the Chairman or Vice-Chairman of the nagar concerned and the provision of sub-section (3) of section 302 shall, so far as may be, apply in respect of such suits, cases proceedings or applications which may be pending before such Nyaya Panchayat on the date of notification issued by the State Government under clause (a),
(2) On the issue of such notification all the members of the panchayat shall be deemed to have vacated their office as members and the panchayat shall be reconstituted before the expiry of the period specified in such notification in the manner provided in this Act.
(3) All The powers and duties of the Panchayat exorcised and performed bona fide till the date of the notification referred to in sub-section (1) by the persons who constituted such panchayat or Nyaya Panchayat, as the case may ho, shall be deemed to be and always to have been validly exercised and performed by the said persons; and no acts done by the said persons shall be deemed to be invalid or be called in question on the ground merely that the persons were not members of a validly constituted panchayat or Nyaya Panchayat and the said persons shall be deemed to have been indemnified and discharged from liability in respect of such acts.
304. Inquiry by officers of panchayat.- (1) The State Government may from time to time canso inquiry, to be made by any of its officers in regard to any panchayat or matters concerning it or to any matters with respect to which the sanction, approval, consent or order of the State Government is required by this Act.
(2) The officer holding such inquiry shall have the powers of a Court under the Code of Civil Procedure, 1908, to take evidence and to compel the at tendance of witnesses and the production of documents for the purposes of the inquiry.
(3) The State Government may make orders as to the cast of inquiries under sub-section (1) and as to the parties by whom and the funds out of which they shall be paid and any such order may, on the application of the State Government or of any persons named therein, be executed as if it were a decree of a civil court.
305. State Government may call for proceeding.- The State Government may call for and examine the record of, proceedings of any panchayat or of any officer (except any proceedings of the Nyaya Panchayat or of the District or the Sessions Court in judicial proceedings in revision or reference from the proceedings of a Nyaya Panchayat) for the purpose of satisfying itself as to the legality or propriety of any order passed and may revise or modify the order as it shall deem just.
Chapter-XVI - Provisions for conversion of a municipality into a panchayat and for Amalgamation and Division of Panchayats
CHAPTER XVI
Provisions for Conversion of a Municipality into a Panchayat and for Amalgamation and Division of Panchayats.
306. Interpretation.- For the purposes of this Chapter, unless the context otherwise requires-
(a) "municipal district" means a municipal district within the moaning of the Bombay District Municipal Act, 1901 (Bom. III of 1901) or that Act as adapted and applied to the Saurashtra area of the State of Gujarat;
(b) "municipal borough" means a municipal borough within the meaning of the Bombay Municipal Boroughs Act, 1925, as applied to the Kutch area of the State of Gujarat;
(c) "municipality" means a municipality constituted for a municipal district or municipal borough and in chides a person or persons authorised to exercise the powers and perform the functions of a municipality under section 179 of the Bombay District Municipal Act, 1901 (Bom. III of 1901) or that Act as adapted and applied to the Saurashtra area of the State of Gujarat or under section 210 of the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925) as applied to the Kutch area of the State of Gujarat the aforesaid Acts, being hereinafter in this Chapter referred to as "the municipal laws"
(d) "panchayat" means a person or persons appointed to exercise; the powers and to perform the functions of a panchayat under section 297.
307. Effect of ??? into panchayats.- When any local area within the limits of a municipal district or municipal borough is declared to be a gram or nagar under section 9, then with effect from the date on which such local area is so declared to be a gram or nagar (in this section referred to as "the said date"). The following consequences shall, notwithstanding anything in the relevant municipal law, ensue, that is to say-
(a) the municipality of such local acre shall cease to exist;
(b) there shall, notwithstanding anything contained in any law for the time being in force, be constituted for the gram or nagar, as the case may no an interim gram panchayat or; as the case may be interim nagar panchayat consisting of persons vacating office as councilors of the municipality or members of the committee hereof and the President and Vice-President of the Municipality shall respectively, be deemed to be the Sarpanch and Upa-Sarpanch or, as the case may be, Chairman or Vice-Chairman of the interim panchayat;
(c) the unexpended balance of the municipal fund and property including arrears of rates, taxes and foes, belonging to the municipality, and all rights and powers, which prior to such notification, vested in the municipality shall, subject to all charges and liabilities a Hooting the same, vest in the interim panchayat as the gram or ??? fund until the now panchayat is constituted in pursuance of the provisions of sub-section (1) of section 308;
(d) any appointment, notification, notice, tax fee, case order, scheme, licence, permission, rule, by-law or form made, issued, imposed or granted under any municipal law immediately before the said date in respect of such local area shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the gram or nagar until it is superseded or modified by any other appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, by-law or form made, issued, imposed or granted under this Act;
(e) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated under any of the municipal laws immediately before the said date in respect of such local area shall be deemed to have been made or authenticated under this Act;
(f) all debts and obligations incurred and all contracts made by or on behalf of the municipality immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the interim panchayat in exercise of the powers conferred oil it by or under this Act;
(g) all officers and servants in the employ of the municipality immediately before the said date shall be officers and servants of the interim panchayat under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date:
Provided that it shall be competent to the interim panchayat subject however to the previous sanction of the State Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the service of the interim panchayat, after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled fo take or receive on being invalided out of service as if the municipality in the employ of which to was, had not ceased to exist;
(h) all proceedings pending at the said date before the municipality shall he deemed to lie transferred to, and continued by the interim panchayat;
(i) all appeals pending at the said date heforo the municipality shall, so far as may be practicable, be disposed of as if such local area, had been included in the gram or nagar when they were filed;
(j) all prosecutions instituted by or on behalf of the municipality and all suits or other legal proceedings instituted by or against such municipality or any officer of such municipality pending at the said date shall be continued by or against the interim panchayat as if such local area had been included in the gram or nagar when such prosecutions, suits or proceedings were instituted.
308. Term of office of members of intern panchayat and their powers.- (1) The District Development Oilier shall, within a period not exceeding one year from 10 date on which the interim panchayat has been constituted take slops to hold election for a new gram panchayat on nagar panchayat, as the case may be.
(2) The members of the interim panchayat shall hold office until the day immediately preceding the day of the first meeting of the new panchayat.
(3) Any vacancy in the of lice of the interim panchayat shall he filled as soon as conveniently may be, by appointment by the district panchayat.
(4) During the period for which the members of the interim panchayat are in office as provided in sub-section (2), no Nyaya Panchayat shall have jurisdiction over the gram or nagar.
(5) All arrears of rates, taxes and fees vesting in the interim panchayat shall be recoverable under the provisions of this Act as if the rates, taxes and fees were imposed and recoverable under this Act:
Provided that stops to recover arrears of rates, taxes and fees shall he taken within a period of three years from the date on which they vest in the interim panchayat.
(6) In other respects the provisions of this Act shall, mutatis mutandis in apply to the interim panchayat and its members.
(7) If any difficulty arises,
(i) in the constitution of the interim panchayat which succeeds it, or
(ii) in giving effect to the provisions of this section,
the State Government may by order, as occasion may require, do, not withstanding anything contained in this Act or in any municipal law, anything which appears to it to be necessary to remove the difficulty.
309. Effect of amalgamation of grams.- (1) When two or more grams cease to be grams and the local areas constituting such grains are amalgamated and declared to be one gram (hereinafter in this section referred to as "the amalgamated gram"), by virtue of a notification under section 9, with effect from the date on which such notification is issued (hereinafter in this section referred to as "the said date") the following consequences shall ensue, that is to say-
(a) the panchayats of such local areas shall cease to exist and all the members of such panchayats shall vacate office;
(b) all powers and duties of such panchayats shall be exercised and performed by such person or persons (hereinafter referred to as the administrator or administrators) as the State Government appoints in this behalf;
(c) the members elected by such panchayats shall cease to be the members of the Nyaya Panchayat or Nyaya Panchayats concerned and the State Government shall appoint a person to be a member of in Nyaya Panchayat of the groups in which the amalgamated gram has been included;
(d) the Nyaya Panchayats affected by an amalgamation of grams Tinder this section shall continue to function unless the number of the grams included in the group is rendered less than three;
(e) the unexpended balance of the gram funds and all the properties including arrears of rates, taxes and fees belonging to such panchayats and all rights and powers which prior to the said date, vested in such panchayats shall, subject to all charges and liabilities affecting the same, vest as the gram fund,-
(i) in the administrator or administrators until the panchayat for the amalgamated gram is constituted and holds its first meeting under sub-section (1) of section 44, and
(ii) thereafter, in the amalgamated panchayat;
(f) the unexpended balance of the gram funds and all the properties (including arrears of rates, taxes and fees) shall, until the amalgamated panchayat is constituted and holds its first meeting, be utilised for the benefit of the inhabitants of such local areas in such manner as the administrator or administrators may think fit;
(g) any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, by-law or form made, issued, imposed or granted in respect of such local areas and in force on the said date shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the amalgamated gram until it is superseded or modified by any appointment, notification, notice, tax, fee, case, order, scheme, licence, permission, rule, by-law or form made, issued, imposed or granted under this Act;
(h) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated by such panchayats immediately before the said date shall be deemed to have been made or authenticated in respect of the amalgamated gram under this Act;
(i) all debts and obligations incurred and all contracts made by or on behalf of such panchayats immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the amalgamated panchayat in exercise of the powers conferred on it by his Act;
(j) all officers and servants in the employ of such panchayats immediately before the said date shall be officers and servants of the amalgamated panchaya and shall, until other provision is made in accordance with this Act, receive salaries and allowances, and be subject to the conditions of service to which they were entitled or subject on such date:
Provided that it shall be competent to the administrator or administrators or the amalgamated panchayat, subject however, to the previous sanction of the State Government, to discontinue the services of any officer or servants who, in bis, their or its opinion, is not necessary or suitable to the requirements of the service of the amalgamated gram, alter giving such officer or servant such notice as is required to be given by the terms of his employment every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity, as no would have been entitled to take or receive on being invalided out of service, as if the panchayat in the employ of which he was, had not ceased to exist;
(k) all proceedings pending at the said date before such panchayats shall be deemed to be transferred to, and continued by, the administrator or administrators or the amalgamated panchayat, as the case may be;
(l) all appeals pending before such panchayats at the said date shall so far as may be practicable, be disposed of by the administrator or administrators or the amalgamated panchayat, as the case may be
(m) all prosecutions instituted by or on behalf of such panchayat and all suits or other legal proceedings instituted by or against such panchayats, or any officer of such panchayats pending at the said date shall be continued by or against the amalgamated panchayat.
(2) Within one year of the said date a panchayat for the amalgamated gram, shall be constituted in accordance with the provisions of this Act.
310. Effect of division of gram.- (1) Where any local area comprised within the limits of a gram cases to be a gram and is declared as constituting two or more new grams by virtue of a notification under section 9, with effect from the date on which such notification is issued (hereinafter in this section referred to as "the said date"), the following consequences shall ensue, that is to say,-
(a) The panchayat constituted in respect of such local area shall cease, to exist and all the members of the panchayat shall vacate office;
(b) until panchayats are constituted for the new grams, the State Government shall appoint an administrator or administrators to exercise the powers and perform the functions of the panchayat for each of the now gram;
(c) member elected by the panchayat on the Nyaya Panchayat ??? shall to lie the member of the Nyaya Panchayat and the State Government shall appoint a person for each of the new grams so declared to be a member of the Nyaya Panchayat of the group in which such gram has been included;
(d) the Nyaya-Panchayat affected by the division of a group of grams under this suction shall continue to function unless the number of grams in included in the group is rendered less than three;
(e) the unexpended balance of the gran) fund and all the property. (including arrears of rates, taxes and fees) belonging to such panehaya shall vest in the new panchayat in such proportion in such manner as the State Government may direct;
(f) the officers and servants of such panchayat shall be allocated by the State Government to the new panchayats in such manner as the State Government may direct;
(g) subject to clauses (a) to (f) the provisions of section 309 shall mutatis mutandis apply to the administrator or administrators of the new panchayats and their members.
(2) Within one year of the said date the panchayats for the new grams shall be constituted in accordance with the provisions of this Act.
(3) If any difficulty arises in giving effect to the provisions of section 309 or this section, the State Government may, by order, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.
Chapter-XVII - Special Provisions for the District of Dangs
CHAPTER XVII
Special Provisions for the District of Dangs
311. Application of the Act to dongs subject to this Chapter.- The provisions of this Act shall apply to the district of Dangs subject to the provisions of this Chapter.
312. Grouping of gram panchayats and each gram to select one Sarpanch.- (1) For the purpose of constituting a district panchayat for the district of Dangs, The State Government shall divide the gram panchayat in that district into groups. The number of such groups shall not exceed ten and each group shall consist of not more than eight grams.
(2) The gram panchayats included in each group shall elect from amongst the Sarpanchas thereof one Sarpanch to be a member of the district panchayat.
313. Constitution of district panchayat of Dangs.- (1) The district panchayat for the district, of Dangs shall consist of the following members, namely:-
(A) Elected members.
(i) Sarpanchas elected by all the groups of the gram panchayats under section 312;
(ii) Members elected by the qualified voters of the district of Dangs from amongst themselves:
Provided that the number of members to be so elected shall be equal to be number of Sarpanchas to be elected under sub-section (2) of section 312 and out of such number-
(a) two seats shall be reserved for women and
(b) two seats shall be reserved for Scheduled Castes.
(B) Co-opted members,
(iii) Two persons having practical experience in respect of mailers pertaining to education and residing in the District.
(C) Associated members.
(iv) Member or members of the House of People elected from the areas within the jurisdiction of the district panchayat or part thereof.
(v) Members of the Council of State residing in the area within the jurisdiction of the district panchayat.
(vi) Members of the Gujarat Legislative Assembly of the State of Gujarat elected from the area within the jurisdiction of the district panchayat.
(vii) The Collector of the district,
(viii) The Mamlatdar in the district.
(2) The district panchayat shall have a President and a Vice-President elected by its elected and co-opted members from amongst themselves.
(3) Where the Sarpanch of gram panchayat is elected as the President of panchayat, he shall vacate his office of the Sarpanch of the Gram panchayat but shall continue to be a member of the district panchayat.
314. District Panchayat to exercise powers of taluka panchayata in addition to its own powers.- In the District of Dangs, notwithstanding anything contained in this Act, the district panchayat shall, in addition to its own powers, functions and duties as a district panchayat, shall exercise all the powers and perform all the functions and duties of a taluka panchayat under this Act.
Chapter-XVIII - Miscellaneous provisions
CHAPTER XVIII
Miscellaneous provisions
315. Joint, committees of two or non local bodies.- (1) A panchayat may, from time to time, concur with any other panchayat or with any local body or with more than one such local body-
(a) in appointing out of their respective bodies a joint committee for any purpose in which they are jointly interested and in appointing a chairman of such committee;
(b) in delegating to any such committee power to Frayne terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by either or any of such bodies; and
(c) in framing and modifying rules for regulating the proceedings of any such committal and the conduct of correspondence, relating to the purpose for which the committee is appointed.
(2) A panchayat may subject to the sanction of the State Government from time to time, enter into an agreement with any other panchayat, local body or with a combination of any such bodies, for the levy of octroi duty whereby the octroi duties respectively leviable by the bodies so contracting may he levied together instead of separately within the limits of the area subject to the control of the said bodies.
(3) Where a panchayat has requested the ??? of any other local body under the provisions of sub-section (1) or (2) in respect of any matter and such other local body has refused to concur, the State Government may pass such orders as it may deem fit requiring the concurrence of such other local body (not being a cantonment authority) in the matter aforesaid, and such other local body shall comply with such orders.
(4) If any difference of opinion irises between local bodies acting miller this section, the decision thereon of the State Government, or of such of ??? as it appoints in this behalf shall lie final:
Provided that, where one of the local bodies is a cantonment authority, the decision of the State Government, or of the officer, shall be subject to the concurrence of the Central Government.
316. Constitution of State Council for Panchayats its functions etc.- (1) There shall be a State Council for panchayats consisting of the following members, namely:
(A) Chairman.
(i) Minister in charge of the Department dealing with the Panchayats Organization of the State.
(B) Vice-Chairman
(ii) The Deputy Minister, dealing will the Panchayats Organization of the State shall be ex-officio Vice-Chairman. If there is no such Deputy Minister, the Vice-Chairman shall be elected by the Council from amongst its members;
(C) Members.
(iii) Presidents of the district panchayats.
(iv) Seven members to be nominated by the State Government from amongst persons taking into rest in the development of panchayats. Out of these one shall be a woman and one shall be a person from Scheduled Castes and one shall be a person from amongst the Scheduled Tribes if none of the members falling under clause (iii) is a person belonging to a Scheduled Tribe;
(v) There officers to be nominated by the State Government.
(vi) three members to be elected by the Members of the Gujarat Legislative Assembly from amongst themselves.
(2) Such officer as the State Government may appoint in this behalf shall act an a Secretary to the Council.
(3) The functions of the Council so constituted shall he as under:-
(a) to advise the State Government on all general questions pertaining to panchayats;
(b) to advise the State Government in respect of a scheme for the training of Secretaries and other servants of panchayats;
(c) to review the administration of panchayats and to suggest ways of co-ordinating The activities of panchayats in the State;
(d) to suggest ways and means to remove the difficulties experienced by the panchayats in the State in their administration;
(e) to make suo motu recommendations to the State Government in regard to any matter relating to the administration of the panchayats;
(f) to report to the State Government on such matters as may be referred to it by the State Government for its opinion,
(4) The State Government by general or special order provide for-
(a) the catling of the meetings of the Council and the procedure of meetings;
(b) duties of the Secretary for the Council;
(c) sub-committees of the Council;
(d) The term of office of nominated member, of the Council, traveling Allowance and daily allowance to the members of the Council and the rate thereof.
317. Liability of members of loss, wasts or mis-application.- (1) Evert member of a panchayat shall be personally liable for the loss, waste, or misapplication of any money or other property of panchayat to which no has been party, or which has been caused or facilitated by his misconduct or gross neglect of his duty as a member.
(2) If after giving the member concerned a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that lie loss, waste or misapplication of any money or other property of the panchayat is a direct consequence of misconduct or gross negligence on is part the officer so authorised, shall by an order in writing, direct such member to pay to the panchayat before a fixed date, the amount required to be reimbursed to it for such loss, waste or mis-application.
(3) If the amount is not so paid, it shall be recovered as an arrear of land revenue and credited to the fund of the relevant panchayat.
(4) Any person aggrieved by the decision or action of the officer so authorised may apply to the District court as provided in sub-section (6) of section 109, within the like time for redress of his grievance and that court may pass any order thereon which it can pass under this section.
318. Power of authorised officer to recover record and money.- (1) Where, on an application, from panchayat, the officer authorised in this behalf by the State Government is of the opinion that any person, who in his capacity as a member, officer, servant, or secretary of a panchayat had, in his custody any record or money belonging to the panchayat is, after his removal or suspension from office, as the case may be, not likely to deliver such record or pay such money, the officer so authorised may, by written order, require that the record or money so detained be delivered or paid to the panchayat forthwith.
(2) If any such person as aforesaid shall not deliver the record or pay the money as directed, The officer so authorised may cause him to be apprehended and may send him with a warrant in such form as may be prescribed to be confined in a civil jail till no delivers up the record or pays the money:
Provided that no such person shall be so detained in confinement for a period longer than one calender month.
(3) It shall be lawful for the officer so authorised-
(a) for recovering any such money to direct that such money be recovered as an arrear of land revenue and on such direction being given, such money shall be recoverable as an arrear of land-revenue from such person;
(b) for recovering any such record to issue a search warrant and to exorcise all such powers with respect thereto as may lawfully be exorcised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898 (V of 1898).
(4) No action under sub-sections (1), (2) or (3) shall be taken unless reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.
319. Lability to ??? rent for authorized ??? possession ??? property ??? panchayats.- (1) Whoever not being duly authorised in that behalf occupies or is in possession of any property vesting in, or under the control of, a panchayat shall without prejudice to any other section which may be taken under this Act, be liable to pay to the panchayat a sum upto four times the amount of rent which would have been payable to the panchayat for the period of such occupation or possession, had the property been let by the panchayat.
(2) The sum so payable shall be determined by the panchayat in the prescribed manner and thereafter the sum shall become due to the panchayat and the provisions of Chapter IX shall mutatis mutandis apply to the recovery thereof.
320. ??? against panchayat ??? and ??? notice ???.- (1) No action shall be brought against any panchayat, conciliation panch or Nyaya Panchayat or any member, officer, servant or agon of a panchayat, conciliation panch or Nyaya Panchayat acting under its direction, in respect of anything in good faith done under thin Act or any rule or by-law.
(2) No action shall be brought against any panchayat, conciliation panch or Nyaya Panchayat or any member, officer, servant or agent of such panchayat, conciliation panch, or Nyaya Panchayat acting under its direction for anything done or purporting to have been done by or under this Act until the expiration of one month next after notice in writing has been left for delivered at the office of the panchayat, conciliation panch or Nyaya Panchayat and also at the residence of the member, officer servant or agent thereof against whom the action is intended to be brought. The notice shall, state the cause of action, the nature of the relief sought; the amount of compensation claimed and the name and place of abode of the person who intends to bring the action.
(3) Every such action shall be commenced within six months after the accrual of the cause of action, and not afterwards.
(4) If any panchayat, conciliation panch, Nyaya Panchayat or person to whom the notice under sub-section (2) is given shall, before an action is brought, tender sufficient amends to the plaintiff, and pay into Court the amount so tendered. The plaintiff shall not recover more than the amount so tendered; the plaintiff shall also pay all costs incurred by the defendant after such tender.
321. Delegation of powers.- (1) The State Government may, by notification in the Official Gazette, authorise any officer of Government to exercise any of the powers exercisable by the State Government under this Act.
(2) Subject to the rules made in this behalf, the District Court may delegate to any Civil Court subordinate to it the powers exercisable by the District Court in regard to suits under this Act in respect of a Nyaya Panchayat in a gram or nagar within the jurisdiction of the said Civil Court.
(3) Subject to rules made in this behalf, the Sessions Court may delegate to a Magistrate of the First Class exercising appellate jurisdiction under section 407 of the Code of Criminal Procedure, 1898 (V of 1898), the powers exercisable by it in regard to cases under this Act in respect of a Nyaya Panchayat in a gram or nagar within the said jurisdiction of the said Magistrate,
(4) Subject, to the general or special orders which the State Government may issue from time to time-
(i) ad District panchayat may delegate to a District Development Officer,
(ii) a taluka panchayat may delegate to a Taluka Development Office, and
(iii) a competent authority may delegate to any officer subordinate to it, any powers exercisable by it under this Act.
322. Members etc. of panchayats, nayaya panchayats and servants etc. to be public servants.- Every member of a panchayat, conciliation panch. Nyaya Panchayat ami every officer and servant maintained by or employed under a panchayat, Conciliation panch or Nyaya Panchayat shall be deemed to be a public servant, within the meaning of section 21 of the Indian Tonal Code (XLV of 1860).
323. Power of Government to make rules.- (1) The State Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made-
(a) for the whole or any part of the State of Gujarat and for all or any panchayat,
(b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules, and
(c) to provide that a contravention of any rule prescribing the duties and obligations of any person liable to pay any tax or fee made under sub-section (2) of section 17 or sub-section (1) of section 189 shall be punishable with fine which may extend to fifty rupees and in the case of a continuing contravention with fine which may extend to five rupees for every day during which the contravention continues after conviction for the first contravention.
(3) The power to make rules conferred by this section is subject in be condition of the rules being made alter previous publication.
(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be; subject to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following.
(5) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
324. Byelaw.- (1) A district panchayat may with the previous sanction of the State Government make by-laws for a gram panchayat or nagar panel by at generally for the carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing provision, the district panchayat may make by-laws-
(i) for the purification and protection from pollution of all sources of water used for drinking purposes and the regulation of water supply;
(ii) for the prohibition of the removal or use for drinking purposes of any water from any stream, tank, well or other source, where such removal or use causes, or is likely to cause, disease or injury to health, and the prevention of such removal or use by the filling in or covering over of such tank, or well, or by any other method which may be considered advisable;
(iii) for the prohibition of the deposit or storage of manure, refuse, or other offensive matter in a manner or in places prejudicial to the public health, comfort or convenience;
(iv) for the regulation of offensive callings or trades;
(v) for the disposal of corpses by burning or burial;
(vi) for the excavation of earth and the filling up of excavations and depressions injurious to the health or offensive to the neighborhood;
(vii) for the removal of noxious vegetation;
(viii) for the repair and removal of dangerous or ruinous buildings;
(ix) for the prevention of the erection of buildings without adequate provisions for ventilation or the laying out and location of streets;
(x) for the control of fairs and bazars, and the regulation of markets, slaughter houses and cart stands;
(xi) for the inspection and destruction of unfit food and drink exposed for sale;
(xii) for the general regulation of sanitation and conservancy and the disposal of carcasses of dead animals;
(xiii) for the temporary erection on, or projection over, or temporary occupation of, any public street or place;
(3) Any by-law made under this section may provide for the levy of fees in respect of any matter provided for in the by-law.
(4) Any by-law made under this section may provide that a contravention thereof shall be punishable-
(a) with a line which may extend to fifty rupees:
(b) in the case of a continuing contravention with a fine, which may extend to five rupees per day after conviction for the first contravention during the period within which such contravention continues.
325. Repeal of Bombay Village Panchayats Act, 1958.- (1) The Bombay Village Panchayats Act, 1958 is hereby repealed.
(2) Notwithstanding the repeal of the said Act-
(i) any local area declared to be a village immediately before the coining into force of this Act shall be deemed to be a gram under this Act;
(ii) the panchayats constituted under the said Act immediately before the said date (hereinafter called "the old village panchayats") shall be deemed to be panchayats of the respective grams (hereinafter called "the new gram panchayats");
(iii) the Sarpanch or Upa-Sarpanch ami the members or panchas elected or appointed for the old village panchayats and holding office immediately before the said date shall respectively be deemed to be the Sarpanch, The Upa-Sarpanch, and the members of the new panchayats;
(iv) the said Sarpanch, the Upa-Sarpanch and the members shall hold office as such Sarpanch, the Upa-Sarpanch and members for the period for which they would have held office under the said Act, subject however to the provisions relating to disqualification, resignation, removal and vacancy provided in this Act;
(v) any Nyaya Panchayats constituted by or for the old village panchayats shall be deemed to have been constituted by or for the said gram or grams for the new gram panchayat thereof and shall continue to exercise the powers conferred on them as if they had been conferred under this Act until they are re-constituted under this Act and the chairman and deputy chairman, members or panchas elected or appointed for the Nyaya Panchayats of the old village panchayats and holding office immediately before the said date shall respectively be deemed to be the chairman, deputy chairman, and the members or panchas of the Nyaya Panchayats of the new gram panchayats;
(vi) the unexpended balance of the village fund and all the properties including arrears of rates, taxes and fees vesting in the old village panchayats shall from the said date vest in the new gram panchayats and such arrears of rates, taxes and foes shall be recoverable under the provisions of this Act as if the had been imposed and recoverable under the provisions of this Act;
(vii) all debts and obligations incurred and all contracts made by or on behalf of the old village panchayats immediately before the said date ami subsisting on the said date shall be deemed to have been incurred and made by the new gram panchayats in exercise of the powers conferred on them by this Act;
(viii) any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed, or granted in respect of the said villages and in force immediately before the date of the commencement of this Act shall in so far as they are not inconsistent be deemed to have been made, issued, imposed or granted under this Act in respect of the village and shall continue in force until it is superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, by-law or form made, issued, imposed or granted under this Act;
(ix) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated immediately before the commencement of this Act by the old village panchayats shall be deemed to have been made or authenticated by the now gram panchayats under this Act;
(x) the Secretaries, all officers and servants in the employ of the old village panchayats immediately before the said date shall be Secretaries, officers and servants of the new gram panchayats and shall until other provision is made in accordance with the provisions of this Act, receive the salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date:
Provided that it shall he competent to the State Government, after giving a Secretary such notice as is required to be given by the terms of his employment, to discontinue his services if in the opinion of the Government he is not necessary or suitable to the requirements of the panchayat service; and every Secretary whose services are so discontinued shall he entitled to such leave, pension, provident fund, gratuity, other rights and privileges as he would have been entitled to take or receive on being invalided out of service if he had continued in the employ of the panchayat or panchayats after the said date;
(xi) all proceedings pending before the old village panchayats and Nyaya Panchayats of the old village panchayats shall be deemed to have been instituted and to be pending before the new panchayats and Nyaya Panchayats of the new gram panchayats, as the case may be ami shall be heard and disposed of by the said panchayats or Nyaya Panchayats as the case may be, under this Act:
(xii) all prosecutions instituted by or on behalf of the old village panchayats and all suits or other legal proceedings instituted by or against the old village panchayats or any officer of such panchayats pending at the said date shall be continued by or against, the new gram panchayats;
(xiii) any reference to any enactment or in any instrument to the Act hereby repealed or to any provision thereof or any authority elected or appointed thereunder shall be construed as a references to the Gujarat Panchayats Act, 1961, or to the corresponding provision thereof or to the corresponding authority elected or appointed thereunder.
326. Repeal of the Bombay Local Boards Act, 1923 and saving.- With effect on and from such date as the State Government may, by notification in the Official Gazette, appoint (hereinafter referred to in this section as "the appointed day") the Bombay Local Boards Act, 1923 (hereinafter referred to as "the said Act") shall stand repealed and the following consequences shall ensue, that is to say-
(a) every district local board constituted under the said Act for a local area and functioning immediately before the appointed day (hereinafter referred to in this section as "The existing board") shall stand dissolved and the President, Vice-President and all other members shall be deemed to have vacated their office;
(b) all property movable and immovable, and all interests of whatsoever nature and kind therein, which vested in an existing board immediately before the appointed day, shall be deemed to be transferred to, and shall vest in the district panchayat constituted for the said local area under this Act (hereinafter referred to in this section as "the successor panchayat"), subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day;
(c) all right, liabilities and obligations of an existing board (including those arising under any agreement or contract) shall be doomed to no the rights, liabilities and obligations of the corresponding panchayat at;
(d) all sums duo to an existing board, whether on account of any tax or otherwise, shall be recoverable by the successor panchayat and for the purposes of such recovery the successor panchayat shall be competent to take any measure or institute any proceedings which it would have been open to the existing board or any authority thereof to take or institute before the appointed day;
(e) the unexpended balance in the local fund constituted under the said Act and all sums due to an existing board and recovered by the successor panchayat and such sums of any other body or bodies as the State Government may direct shall form part of, and be paid into. The district fund of the successor panchayat;
(f) all contracts made with, and all instruments executed on behalf of, an existing board shall no deemed to have been made with, of executed with, or by or on behalf of successor panchayat and shall have effect accordingly;
(g) all proceedings and matters pending before any authority of an existing board under the said Act immediately before the appointed day, shall be deemed to be transferred to the successor panchayat or to such authority as the successor panchayat may direct;
(h) in all suits and legal proceedings pending on the appointed day in or to which an existing board was a party. The successor panchayat shall be deemed to be substituted therefor;
(i) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bod aw, regulation or form made, issued, imposed or granted by or in respect of an existing board established or constituted under the said Act or any other law in force in the area of such existing board and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted in respect of the corresponding ares of the successor panchayat until superseded by an authority competent to do so;
(j) all budget estimates, assessments, valuations, measurements and divisions made by or in respect of an existing board under the said Act, or any other law in force in the area of such existing board and in force immediately before the appointed day shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made by or in respect of the corresponding area of the successor panchayat;
(k) all officers and servants in the employment of an existing board immediately before the appointed day, shall, subject to the provisions of this Act be deemed to be transferred to the service of the successor panchayat;
(l) any reference in any law or in any instrument to the provisions of the said Act, shall, unless a different intention appears, no construed as reference to the corresponding provisions of this Act;
(m) any reference it this Act to any law not in force, or to any officer, hotly or authority not functioning in the Bombay area, the Saurashtra area or the Kutch area, of the State of Gujarat shall, unless a different intention appears, be construed as a reference to the corresponding law in force, or to the officer, body or authority functioning in the Bombay area, the Saurashtra, or as the case may he, the Kutch area, of the State of Gujarat;
(n) any reference in the above paragraph to an existing board shall, in case such existing board has been superseded or dissolved, be deemed be a reference to the person or persons appointed to exercise the powers on to perform the functions of such existing board,
327. Power of State Government to ??? laws.- (1) For the purpose of bringing the provisions of any law in force in the territory of this State into accord with the provisions of this Act. The State Government may by order published in the Official Gazette, make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such dato as may be specified in the order, have effect subject to adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.
(2) Nothing in sub-section (1) shall be deemed-
(a) to empower the State Government to make any adaptation or modification of any law after the expiration of two years from the commencement of this Act, or
(b) to prevent the State Legislature or other competent authority from repealing or amending any law adapted or modified by the State Government under this section.
Explanation.- The expression "law in force" in this section shall include a law passed or made by the State Legislature or other competent authority in the State before the commencement of this Act and not previously repealed, notwithstanding that it or parts of it may not he then in operation either in all, or any particular areas in the State.
328. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act or any Schedule the State Government may, as occasion requires, by order do any thing which appears to it to be necessary for the purpose of removing the difficulty.
Schedule 1
SCHEDULE I
(See section SS)
Matters in Respect of which it is the Duty of Gram Panchayats and Nagar Panchayats to Make Provision.
1. In the sphere of sanitation wad health-
(a) supply of water for domestic use and for cattle;
(b) construction and cleaning of public roads drains, ponds, tanks and wells other than tanks and wells used for irrigation purposes and other public places;
(c) sanitation, conservancy, the prevention and abatement of nuisance;
(d) preservation and improvement of public health, establishing and maintaining public hospitals and dispensaries and providing public relief;
(e) regulation by licensing or otherwise of tea, coffee, and milk shops;
(f) provision, maintenance and regulation of burning and burial grounds;
(g) ensuring systematic disposal of carcasses, provision of definite places for the purpose and other means for the disposal of unclaimed corpses and carcasses;
(h) construction and maintenance of public latrines;
(i) taking of measures to prevent the outbreak, spread and recorrunce of any infectious disease;
(j) reclaiming of unhealthy localities;
(k) removal of rubbish heaps, jungle growth, prickly pear the filling in of disused wells, insanitary ponds, pools, ditches, pits or hollows, the prevention of water-logging in irrigated areas and other improvements of sanitary conditions;
(l) maternity and child welfare;
(m) the encouragement of human and animal vaccination
(n) the provision and maintenance of compost pits;
(o) taking necessary steps against stray dogs and pigs;
(p) regulating, checking and abating of offensive or dangerous trade or practices;
(q) watering public streets and places
(r) cleansing public roots, places and sewers, and all spaces not being private property, which are open to the enjoyment of the public, whether such places are vested in the panchayat or not; removing the noxious vegetation, and abating all public nuisances;
(s) extinguishing fires, and protecting life and property whom fire occur;
(t) removing obstruction and projections in public streets or places, and in spaces not being private property, which are upon to the enjoyment of the public, whether such space are vested in the panchayat or belong to Government;
(u) securing or removing dangerous buildings or places;
(v) constructing, altering and maintaining public streets, culverts panchayat boundary marks, markets, slaughter-houses, ??? privies, urinals, drain, sewers, drainage works, sewage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;
(w) obtaining a supply of an additional supply of water proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency of unwholesomeness of the existing supply when such supply or additional supply can be obtained at a reasonable cost;
(x) paying the salary and the contingent expenditure on account of such police or guards as may be required by the panchayats for the purposes of this Act or for the protection of any panchayat property.
(y) constructing and maintaining residential quarters for the conservancy staff of the panchayat;
(z) giving relief and establishing and maintaining relief works in time of famine or scarcity to or for destitute persons within the limits of the Panchayat.
2. In the sphere of public works-
(a) removing of obstructions and projections in public streets or places and in sites, not being private property, which are open to the public whether such sites are vested in the panchayat or belong to Government;
(b) construction, maintenance and repair of public roads, drains, binds and bridges:
Provided that if the roads, drains, binds and bridges vest in a by other public authority, such works shall not be undertaken without the consent of that authority;
(c) maintenance and regulation of the use of buildings handed over to the panchayat on of Government buildings under the control of the panchayat, grazing lands forest lands including lands assigned under section 28 of the Indian forest Act, 1927 (XVI of 1927), and tanks and wells (other than tank and wells, for for ligation);
(d) lighting of the gram or nagar as the case may be;
(e) control of fairs, bazars, tonga-stands and cart stands;
(f) construction and maintenance or control of slaughter house;
(g) planting of trees in market places and other public places and their maintenance and preservation;
(h) construction and maintenance of Dharmashalas;
(i) management and control of bathing and washing ghats which are not managed by any authority;
(j) establishment and maintenance of markets,
(k) construction and maintenance of houses for conservancy stall and village functionaries of the panchayat;
(l) provision and maintenance of camping grounds;
(m) establishment, control and management of cattle pounds;
(n) establishment and maintenance of works for the provision of employment particularly in times of scarcity;
(o) extension of village sites or nagar sites as the case may be and the regulation of buildings and housing schemes in accordance with such principles as may be prescribed;
(p) construction and maintenance of buildings for warehouses, shops, purchasing centres and such others;
(q) construction and maintenance of buildings for common use and of buildings necessary for development activities.
(r) generation, distribution and supply of electrical energy and other matters connected therewith.
3. In the sphere, of education and culture-
(a) spread of education;
(b) establishment and maintenance of akhada, parks, clubs and Other places of recreation for the welfare of women and youth;
(c) establishment and maintenance of the acres for promotion of art and culture;
(d) establishment and maintenance of libraries and reading rooms;
(e) promotion of social and moral welfare of the village including prohibition propaganda, removal of untouchability, amelioration of the condition of the backward classes, the eradication of corruption and the discouragement of gambling and other antisocial activities;
(f) assisting the introduction of compulsory primary education as planned by the State;
(g) provision of school-buildings and of necessary equipment for education)
(h) pro-primary education and child we if are activities;
(i) repairs and maintenance of school-buildings;
(j) maintenance of school funds;
(k) offering financial assistance to needy students;
(l) celebration of school functions and festivals;
(m) arranging cultural programmes for the purposes of popular education;
(n) provision for light meals for school-children, if possible;
(o) establishment, construction and maintenance of secondary schools.
4. In the sphere of self-defence, and village-defence-
(a) watch and ward of the gram or nagar and of the crops therein and raising volunteer organisations or organisations of any other kind, encouraging and assisting such organisations;
(b) providing for training facilities to the youth of the gram or nagar as the case may he for the purpose of self-defenco and gram-defence and assisting such training that may he organised by the Government;
(c) preventing of fires rendering assistance in extinguishing fires and protecting life and property when fire occurs.
5. In the sphere of planning and administration-
(a) the preparation of plans for the development of the gram or nagar, as the case may be;
(b) assisting the implementation of soil improvement projects of the State Government;
(c) economic survey of the gram or nagar as the case may he accompanied by the provision of employment to the unemployed or under employed residents thereof;
(d) preparation of budget, collection and maintenance of accounts, custody and utilization of funds, assessment and collection of taxes and maintenance of an Account Code;
(e) use of assistance given by the Central or State Government for any purpose of the village;
(f) making independent surveys of the gram or nagar as the case may be or assisting such surveys undertaken by the Central or State Government;
(g) recruitment, training and management of staff to be employed by the panchayat;
(h) control of cattle-stands, thrashing floors, grazing grounds and community lands;
(i) establishment, maintenance and regulation of fairs, pilgrimages and festivals;
(j) reporting to proper authorities complaints which are non removable by the panchayat;
(k) preparation, maintenance and up-keep of the panchayat records;
(l) registration of births, deaths and marriages in such manner and in such form as may be laid down by the State Government by general or special order in this behalf;
(m) numbering of promises.
6. In the sphere of Community Development-
(a) relief of the crippled, destitute and the sick;
(b) assistance to the residents when any natural calamity occurs;
(c) organizing, encouraging and assisting co-operative activities in the economic and social fields;
(d) propagation of family planning;
(e) organising voluntary labour for community works and works for the Uplift of the gram or nagar as the case may be;
(f) opening fair-price shops.
7. In the sphere of agriculture, preservation of forests and pasture lands-
(a) planned improvement of agriculture;
(b) securing minimum standards of cultivation in the gram or nag at the case may be with a view to increasing agricultural production;
(c) establishment and management of model agricultural farm;
(d) The establishment and maintenance of granaries;
(e) bringing under cultivation waste and fallow land vested by the State Government in the panchayat;
(f) ensuring conservation of manual resources, preparing composts and sale of manure;
(g) production of improved soda, the establishing of nurseries of improved seeds and promoting the use of improved seeds;
(h) promoting the use of improved agricultural implements and making such implements easily available;
(i) the promotion of co-operative farming;
(j) crop-protection and crop-experiments;
(k) minor irrigation, construction and maintenance of field channels and distribution of water;
(l) raising preservation and improvement of village forests, pastures and orchards;
(m) taking stops against harmful animals with a view to protection of crops.
8. In the sphere of Animal Husbandry-
(a) improvement of cattle and cattle-breeding;
(b) The general care of live-stock;
(c) providing and maintaining stud bulls for purposes of cattle brooding
(d) promotion of dairy farming,
9. In the sphere of Village. Industries-
(a) surveying and harnessing industrial and employment potential of the gram or nagar as the case may no;
(b) promoting hand-spinning, hand weaving, dying, printing embroidery, sewing, oil-pressing industry, father-industry, pottery, carpentry, smithy, industries processing agricultural raw materials into finished products, other cottage industries and special arts or craft's of the village, if any, and protecting encouraging and assisting these with a view to improving and develop them,
(c) providing necessary raw materials for cottage industries and arts and crafts;
(d) making efforts for the production by the village craftsmen of modern and improved tools for cottage industries and making such tools easily available to them;
(e) encouraging and assisting artisans for training in cottage industries and handicrafts;
(f) providing for the organisation, management and development of cottage industries on a co-operative basis;
10. In the sphere of collection of land revenue-
(a) collection of land revenue when so empowered by the State Government under section 149;
(b) maintenance of records relating to land revenue in such manner and in such form as may be prescribed from time to time by or under any law relating to land revenue.
Schedule 2
SCHEDULE II
(See section 117)
Part I
Matters in Respect of which it is the Duty of a Taluka Panchayat to make Provision
1. In the spite, re, of sanitation and health-
(a) Controlling small-pox and other epidemics and expansion and maintenance of health services;
(b) family planning;
(c) providing facilities for pure drinking water;
(d) maintenance and supervision of stores of drugs, dispensaries, pharmacies, maternity homes and primary health-centers;
(e) cultivating public opinion on following methods for the preservation of health and sanitation:-
(i) nourishment;
(ii) maternity and child welfare;
(iii) control and eradication of contagious diseases;
(f) providing for help and protection to the people against epidemics.
2. In the sphere of communication-
(a) Construction and maintenance of village link roads;
(b) providing necessary assistance for construction and maintenance of village approach roads.
3. In the sphere of education mid culture.-
(a) establishment and maintenance of primary schools;
(b) preparing and implementing the programmer, of constructing buildings for primary schools;
(c) assisting educational activities of a gram panchayat and nagar panchayat;
(d) enforcing in the taluka the law relating to compulsory primary education;
(e) conducting and encouraging libraries, reading rooms and other cultural activities;
(f) assisting the propagation of pre-primary education.
4. In the sphere of social education-
To cultivate a new outlook, among the people to make them self-reliant industrious and co-operation-minded, and especially-
(a) establishing and maintaining information centres, community educational centres and recreation centres,
(b) establishing institutions for rendering social service such as youth clubs, women clubs and farmers' associations and encouraging any such Institutions if already established;
(c) establishing a village defence corps;
(d) encouraging physical and cultural activities;
(e) establishing voluntary health associations;
(f) try in tug gram-sevaks and utilizing their services;
(g) training gramlaxmis and gram sevikas and utilising their services;
(k) promoting childrens' activities.
5. In the sphere of community development-
(a) Planning for increased employment and production, as well as for co-ordination of village institutions;
(b) training in self-help and self-sufficiency among the village community on the principle of mutual co-operation;
(c) utilising the surplus energy, resources and time of the village for benefit of the community;
(d) providing for the implementation of developmental programmes entrusted to it by the State Government.
6. In the sphere of agriculture and irrigation-
(a) Planning for agricultural improvement in the Taluka;
(b) use of land and water resources and propagation of improved agricultural methods according to the latest researches;
(c) construction and maintenance of irrigation works in the taluka;
(d) reclamation and conservation of agricultural land in the taluka;
(e) maintenance of seed multiplication farms, assisting registered seed producers and distribution of seeds in the taluka;
(f) raising the production of fruits and vegetables;
(g) conservation of manurial resources, preparing compost manure, organic manure and mixture and to arrange for making them easily available;
(h) promoting the use of improved agricultural implements and arranging to make them easily available;
(i) the protection of crops, fruit-trees and plants against disease;
(j) establishment and management of model agricultural farms;
(k) providing credit and other facilities for irrigation and agricultural development;
(l) increasing the area of land under irrigation by construction and repairs of wells digging and repairs of private ponds by undertaking minor irrigation works and by supervision of field channels;
(m) increasing the use of sub-soil water by boring wells and giving assistance in regard to such wells;
(n) providing for the timely and equitable distribution and full use of water available under irrigation schemes.
7. In the sphere of animal husbandry-
(a) Improving cattle-breed by introduction of stud bulls, by castration of stray bullocks and establishment and maintaining artificial insemination centres;
(b) introducing improved breeds of cattle, sheep, poultry etc. giving grants therefor and maintenance of small breeding centers
(c) controlling and cheeking infectious diseases;
(d) introducing improved grass and cattle-feeds and providing for their Storage;
(e) starting and maintaining first-aid centers and veterinary dispensaries;
(f) providing for milk supply;
(g) solving the problem of stray cattle.
3. In the sphere of village and small-scale industries-
To promote to cottage, village and small-scale industries with a view to providing increased employment and raising peoples standard of living and especially-
(a) to establish and maintain production and training centers;
(b) to improve the skills of artisans;
(c) to popularize improved implements;
(d) to ensure the implementation of scheme for Collage, Village and Small-Seale Industries run by the Khadi and Village Industries Board and other All-India Associations;
(e) to establish industrial townships at the Taluka level;
(f) to develop wool industry,
9. In the sphere of co-operation-
To promote the idea of co-operation in different fields of life and to organise and encourage; co-operative institutions in the economic and social fields and especially-
(a) to establish and promote the development of multipurpose co-operative societies for credit, sale, industry, irrigation and agriculture;
(b) promoting savings through thrift, small savings and insurance schemes.
10. In the sphere of women's welfare-
Implementing of schemes for women's and children's welfare and maintaining women's and children's welfare centres, education centres, craft centres and tailoring centres,
11. In the sphere of social welfare-
(a) provision of hostels for students of backward classes and scheduled castes and scheduled tribes;
(b) implementing schemes of rural housing;
(c) maintain decrepit beggars;
(d) sponsoring voluntary institutions of social welfare and co-ordinating and assisting their activities
(c) propaganda for prohibition and against drug addiction.
12. In the sphere, of relief-
Providing immediate relief in cases of floods, fires, epidemics and other natural calamities on a small or largo scale.
13. In the sphere of collection of statistics-
Collecting and co-ordinating statistics as may be required by the village panchayats, nagar panchayats taluka panchayats or district punch; vats or by the State Government.
14. In the sphere of trusts-
Managing trusts in furtherance of the objects of any programmer that may be carried out with the taluka fund.
15. In the sphere of forests-
Promoting the development of village jungles and pastures.
16. In the sphere of rural housing-
Development of village-sites and nagar-sites with the co-operation of the village population and planning of rural housing.
17. In the sphere of information-
(a) Community radio listening programme;
(b) arranging exhibitions;
(c) publications.
Part II
[See section 111(2)]
FUNCTIONS AND DUTIES OF the EDUCATION COMMITTEE OF A TALUKA PANCHAYAT
It shall be the duty of the Education committee of a taluka panchayat-
(a) to assist the taluka panchayat in conducting and raising educational surveys and in preparing and implementing Five Year Plan for the development of primary educational and all other educational activities entrusted to it;
(b) to provide adequate accommodation and equipment for primary schools;
(c) to open, with the sanction of the district panchayat, new primary schools in places where they are needed;
(d) to determine the exact location of primary schools;
(c) to supervise the working of all primary schools and of such other educational institutions under the control of the district panchayat as that Panchayat may decide from time to time;
(d) to exercise such powers over the staff employed in primary schools and other educational institutions under the control of the district panchayats as may be delegated to it from time to time;
(e) to supervise the activities of the gram panchayats and nagar panchnyats within the jurisdiction of the taluka panchayats, to ensure that catch such panchayat pays its contribution to the School funds if any, and bring cases of default to the notice of the Educational Inspector of the district and generally to guide them to maintain and improve the primary school or schools in their charge;
(h) to be responsible for the enforcement of compulsory primary education; and, without prejudice to the generality of the foregoing provision;
(i) to determine on the recommendation of the competent cilice of the district panchayat, the distance measured according to the nearest road between an a proved school and the residence of the child for the purposes of the Bombay Primary Education Act, 19-1-7 or as the case may be, the Saurashtra Primary Education Act, 1956.
(ii) to grant, on the recommendation of the aforesaid competent officer, exemption from attending an approved school to a child who is receiving instruction otherwise than in an approved school,
(i) to grant sanction to the changes in the of pupils of birth and the names if pupils attending primary schools;
(j) to construct new buildings for primary schools and to carry out special repairs;
(k) to sanction grants-in-aid to gram panchayats and nagar panchayats for their standing committee for Education;
(l) to inform, and, if necessary to advice, the district panchyat, generally on all matters connected with primary education and other educational activities undertaken by the district panchayat in the taluka;
(m) to carry on propaganda in the Taluka for the expansion and improvement of education in general and primary education in particular; and
(n) to exercise such other powers and to perform such other duties as may be delegated to it by the district panchayat from time to time.
(o) to hire buildings for primary schools with the sanction of the taluka panchayat on reasonable resit, which shall be certified by the competent authority;
(p) the supervision of individual primary schools;
(q) to secure the enforcement of the Bombay Primary Education Act, 1947 and the Saurashtra Primary Education Act, 195G and the rules or orders made thereunder.
Schedule 3
SCHEDULE III
Part I.
(See section 137)
Matters in Respect of which it is the Duty or District Panchayat to Make Provision.
1. In the sphere of sanitation and health-
(a) establishment and maintenance of dispensaries;
(b) constructing and preserving wells and take for drinking water;
(c) taking necessary action or steps for improvement in public health and public amenities;
(d) establishment and maintenance of primary health centers;
(e) assisting family-planning;
(f) supply of milk in children avid nursing mothers in families in the low-income group;
(g) providing for training to mid-wives;
(h) giving protection against ??? whooping cough and tetanus;
(i) establishment and ??? of ayurvedic dispensaries;
(j) provision of medical relief through Ayurvod Box Centres;
(k) assisting recognized medical relief-centers;
(l) providing for training of nurses.
2. In the sphere of public works-
(a) construction and maintenance of roads;
(b) the planting and rearing of trees on both sides of the roads;
(c) execution of works entrusted to it by the State Government;
(d) supervision, repairs and preservation of buildings vested in the district panchayat;
(e) construction and maintenance of buildings required for the activities of the district panchayat;
3. In the, sphere of education and other cultural activities-
(a) under taking all educational activities entrusted to it;
(b) planning of education in the district within the frame work of the national policy and the national plan;
(c) survey and evaluation of educational activities;
(d) distribution of Government aid in regard to primary education between the tatuka punchayat;
(e) recognizing private educational institutions within its area;
(f) recommending the courses of study;
(j) selection of text-book;
(h) implementation of any programme in regard to secondary education that may be entrusted to it by the State Government;
(i) inspection of primary schools managed by the taluka panchayats and conduct of their examinations;
(j) accepting and managing educational funds;
(k) assisting, encouraging and guiding all educational activities in the district.
(l) organising camps, conferences, and gatherings of all members, Sarpanchas of village panchayats, Chairman of nagar panchayats Presidents of taluka panchayats and other panchas in the district;
4. In the sphere of administration-
(a) collection of necessary stores and materials;
(b) publication of statistical and other information relating to activities of panchayats;
(c) co-ordination and use of statistics and other information required for the activities of the village panchayats, nagar panchayats, taluka panchayats and district, panchayats;
(d) periodical supervision and evaluation of the projects and programmes entrusted to the different in panchayats in the district;
(e) accepting donations in the furtherance of the purposes for which fund might have been raised;
5. In the sphere of community development-
(a) co-ordination ??? of the development schemes of all talukas in the district and ??? a plan therefore, for the whole district;
(b) preparation of project, plans and schemes concerning two or more talukas in the district;
(c)(i) promoting the establishment and development of panchayats;
(ii) inspection, regulation and control of the taluka panchayats in the district;
(iii) performance of all inch functions, as are assigned to it under any law or as may be assigned by the State Government time to time;
(d) implementation of any development programme that may be entrusted by the State Government;
(e) distribution and co-ordination of work among gram panchayat nagar panchayats, taluka panchayats and district panchayats.
6. In the sphere of agriculture-
(a) undertaking intensive pioneering schemes relating to paddy, wheat, bajari, juwar, ground-nuts and cotton;
(b) construction and maintenance of buildings for seeds distribution centres;
(c) implementation of schemes of urban manure;
(d) promoting the planting of coconut-palm;
(e) arranging for the purchase and sale of necessary equipment for the protection of plants.
(f) arranging for the purchase and sale of insecticides.
(g) establishment and ??? of model ??? farms;
(h) pro curing and distributing improved seeds;
(i) implementing schemes relating to agricultural production and agricultural development;
(j) arranging exhibitions as, competition, and other programmes in connection with agricultural development and cattle-breeding,
7. In the, sphere of animal husbandry-
(a) establishment and maintaining supply-centres for Catlee-breeding;
(b) giving encouragement and assistance to cattle-breeding centers run by recognised institutions;
(c) the implementation of schemes of key villages;
(d) the implementing of the schemes of Goshala development;
(e) provision for the rearing of stud calves;
(f) the development of grass-lands;
(g) encouraging and assisting ??? for the storage of grass;
(h) implementing schemes of poultry farming;
(i) The implementation of the schemes of cattle-breeding;
(j) establishment and maintaining veterinary hospitals and dispensaries.
8. In the sphere of village and small scale industries-
(a) examining the possibilities of village industries and small-scale district, preparation and execution of plans for their revival, organisation and development;
(b) providing for necessary assistance and ??? of technical training to village workers in village industries and small-scale industries relating to their crafts;
(c) establishing, maintaining, expanding and aiding secondary, technical and industrial schools.
9. In the sphere of Social Welfare-
(a) providing necessary assistance and ??? to the work of institutions of social service;
(b) conducting necessary social welfare activities in the district,
(c) arranging fairs and festivals other then fails and festivals arranged by the State Government.
10. In the sphere of relief-
Establishment and management of relief centers in, times of natural calamities such, as famine and scarcity, ??? fire and earthquake,
11. In the sphere of minor ??? projects-
(a) provision for irrigation by from tanks and hands;
(b) the implementation of the schemes of tube-wells;
(c) digging now wells and repairing old wells for irrigation;
(d) giving assistance for the purchase of pumping sets and machinery;
(e) provision and propaganda for improved ???;
(f) providing ??? and boring; equipment to for wells;
(g) encouraging and assisting irrigation schemes oil a co-operative basis.
Part II
[See section 111(2)]
Functions and Duties of the Education Committee of a District Panchayat
It shall be the duty of the education committee of a district panchayat-
(a) to undertake all educational activities;
(b) to under take the planning of education in the district within the frame-work of the national policy and the national plan;
(c) to survey and evaluation of educational activities;
(d) to act as a channel for the State Government it in regard to primary education to reach panchayat;
(e) to make suggestions as to courses of study for being determined by the State Government;
(f) to mako suggestions as to the selection of text-books by the State Government;
(g) to implement any programme in regard to secondary education entrusted to the district panchayat by the State Government;
(h) to arrange for the inspection of primary schools managed by the taluka panchayat and to conduct their examinations;
(i) to supervise the working of all primary schools and of such other educational institutions under the control of the District Panchayat as that Panchayat may decide from time to time
(j) to supervise the activities of Gram Panchayats and Nagar Panchayats within the jurisdiction of the District Panchayat to ensure that each such Panchayat pays its contribution to the school funds, if any, and to bring cases of default to the notice of the Educational Inspector of the District and generally to guide there to maintain and improve primary school or schools in their charge.
(k) to accept and manage educational funds;
(l) to assist, encourage and guide all educational activities in the district;
(m) to discharge the following duties if the district panchayats makos provision for secondary and other education-
(i) to conduct secondary schools providing for diversified courses in rural areas where private enterprise is not available and to introduce a number of High School Scholarships for poor and deserving in rural area;
(ii) to conduct hostels for High Schools as well as for pupils in Standards V to VII;
(iii) to provide for part-time education of children who leave school at about the age of II and of the children whoso age is between 11 and 14 years and who are absolutely illiterate;
(iv) to mako arrangements for vocational education in rural areas;
(v) to push the scheme of social education classes; village libraries and pre-primary education;
(vi) to recognise and gymnasial and to organise recreational centres and holiday and school camps.