Punjab act 004 of 1953 : Punjab Gram Panchayat Act, 1952

Section 1. Short title and extent

Chapter-I - Preliminary

Chapter-I

Preliminary

1. Short title and extent.- (1) This Act may be called the Punjab Gram Panchayat Act, 1952.

¹[(2) It extends to the States of Punjab and Haryana and the Union Territory of Chandigarh and areas of the erstwhile State of Punjab transferred to the Union Territory of Himachal Prdadesh under the Punjab Reorganisation Act, 1966 (Act 31 of 1966)].

(3) It shall come into force atonce.

Section 2. Repeal and saving

2. Repeal and saving.- The Punjab Village Panchayat Act, 1939, is hereby repealed. But notwithstanding such repeal, anything done or any action taken in exercise of powers conferred by the repealed Act shall be deemed to have been done or taken under this Act to the extent that it is not inconsistent with the provisions of this Act:

Provided that the Panches in an existing panchayat shall not be affected by the provisions of section 5 of this Act.

Section 3. Definitions

3. Definitions.- In this Act, unless the context otherwise requires.-

(a) "adult" means a person, male or female, who has attained the age of 21 years;

(b) "building" means any shop, house, hut, out-house, shed, or stable, whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever; and includes a wall and a well;

(c) "by-laws" means by-laws made by the Panchayat under this Act;

(d) "common land" means land which is not in the exclusive use of any individual and has by usage, custom or prescription been reserved for the common purposes of village community or has been acquired for such purposes;

(e) "Director" means the Director of Panchayats appointed under this Act;

¹[(f) ***

²[(g) "Gram Panchayat" means the Gram Panchayat constituted under Section 6];

³[(h) "Government" means, in relation to a State, the Government of the State of Punjab or of the State of Haryana and, in relation to a Union Territory, the Administrator of the Union Territory of Himachal Pradesh or of the Union territory Chandigarh with respect to the areas falling within their territorial limits as specified in Part II of the Punjab Reorganisation Act, 1966 (Act 31 of 1966)].

(i) "Panch" means a member of Gram Panchayat, ⁴(* *) ⁵(* * *) or an Adalti Panchayat elected or appointed under this Act and includes a Sarpanch;

⁶[(ii) A Panchayat means a Gram Panchayat and includes an Adalti Panchayat];

⁷[(iii) "Panchayat Samiti" means a Panchayat Samiti constituted under the Punjab Panchayat Samitis and Zila Parishads Act, 1961, and having jurisdiction over the Sabha area;]

(j) "prescribed" means prescribed by rules made under this Act;

(k) "public place" means any place, building or structure situated within the jurisdiction of a Gram Panchayat area to which the public has free access;

(l) "public servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860 (XLV of 1860), and shall include a panch and a sarpanch;

(m) "public street" means a pathway, road, street, bridge, lane, square, court, alley or passage in a village, which the public has a right to use, and includes the drains or gutters on either side and the land up to the defined boundary of any abutting property, notwithstanding any projection over such land of any verandah or other superstructure;

⁸[(mm) ‘Sabha’ means I a Gram Sabha established under section 5;

(mmm) ‘Sabha area’ means an area declared to be a Sabha area under section 4];

(n) "Schedule" means the Schedule appended to this Act;

(o) "sub-committee" means a sub-committee appointed under section 33 of this Act;

⁹[(oo) "Sub-Divisional Officer" means the Officer-in-charge of a Sub-Division of a District constituted for revenue and general purposes];

(p) "tax" includes a cess, duty, fee, rate, toll or other impost leviable under this Act;

(q) "village" means any local area, recorded as a revenue estate in the revenue records of the district in which it is situated;

(r) "watercourse" means any channel which is maintained at the cost of the irrigators and is supplied with water from any canal to which either the Northern India Canal and Drainage Act, 1873 (VIII of 1873), or the Punjab Minor Canals Act, 1905 (III of 1905), ¹⁰[or any other Act for the time being in force] applies and includes all subsidiary works connected with such channel except the sluice or outlet through which water is supplied to such channel;

(s) the expressions "offence", "non-bailable offence", "cognizable offence", "complaint", "officer-in-charge of a police station", and "police station" have the same meaning as in section 4 of the Code of Criminal Procedure, 1898 (V of 1898);

(t) the expressions "decree", "decree-holder", "judgment-debtor", "legal representative" and "movable property" have the same meaning as in section 2 of the Code of Civil Procedure, 1908 (V of 1908);

(u) the expressions "landowners", "tenant", "rent" and "land revenue" have the same meaning as in the Punjab Land Revenue Act, 1887 (XVII of 1887) ¹¹[or any other Act for the time being in force].

Section 4. Demarcation of Sabha areas

Chapter-II - Sabha Areas and Establishment and Constitution of Gram Sabha and Gram Panchayats

¹Chapter-II

Sabha Areas and Establishment and Constitution of Gram Sabha and Gram Panchayats

4. Demarcation of Sabha areas.- (1) Government may, by notification, declare any village or group of contiguous villages with a population of not less than ²[two hundred] to constitute one or more Sabha areas:

Provided that neither the whole nor any part of-

(a) a Notified Area under section 241 of the Punjab Municipal Act, 1911 ³[or any other Act for the time being in force]; or

(b) a Cantonment; or

(c) a Municipality of any class;

shall be included in a Sabha area unless the majority of voters in any Notified Area or Municipality of the Third Class desire the establishment of a Gram Sabha in which case the assets and liabilities, if any, of the Notified Area Committee or the Municipal Committee, as the case may be, shall vest in the Gram Sabha thereafter established, and the Notified Area Committee or the Municipal Committee shall cease to exist:

⁴[***]

(2) Government may, by’ notification, include any area in or exclude any area from the Sabha area.

(3) If the whole of the Sabha area is included in a municipality, Cantonment, or Notified Area under section 241 of the Punjab Municipal Act, 1911, ³[or any other Act for the time being in force] the Sabha shall cease to exist and its assets and liabilities shall be disposed of in the manner prescribed.

Section 5. Establishment and Constitution of Gram Sabha

5. Establishment and Constitution of Gram Sabha.- (1) Government may, by notification, establish a Gram Sabha by name in every Sabha area.

(2) Every Gram Sabha shall, by the name notified under sub-section (1), be a body corporate having perpetual successions and a common seal, and subject to any restriction by or under this Act or any other law, shall have power to acquire, hold, administer and transfer property, movable or immovable, and to enter into contracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted.

¹[(3) Every person who, for the time being, is entered as a voter on the electoral roll of the Punjab Legislative Assembly, the Haryana Legislative Assembly, the Himachal Pradesh Legislative Assembly or the Parliamentary constituency of the Union territory of Chandigarh for the time being in force, and pertaining to the Sabha area, as the case may be, shall be a member of the Sabha of that Sabha area.]

Section 6. Constitution Gram Panchayat at and disqualifications to be members there of

6. Constitution Gram Panchayat at and disqualifications to be members there of.- ¹[(1) Every Sabha shall, in the prescribed manner, elect from amongst its members a Chairman of the Sabha and an Executive Committee consisting of such number of members not being less than five and more than eleven including the Chairman of the Sabha as the Government may determine taking into account the population of the Sabha area:

Provided that if no woman is elected as a member of the Executive Committee, the woman candidate securing the highest number of votes amongst the women candidates in that election shall be deemed to have been co-opted as a member of the Executive Committee and where no such woman candidate is available the prescribed authority shall co-opt. in the prescribed manner a woman member of the Sabha who is qualified to be elected as a Panch.

(2) The Executive Committee referred to in sub-section (1) shall be styled as the Gram Panchayat and the Chairman of the Sabha and members of the Executive Committee shall also be called the Sarpanch and Panches respectively of the Gram Panchayat.]

(3) Every woman co-opted as a Panch under the proviso to sub-section (1) shall have the right to vote at a meeting of the Gram Panchayat.

(4) The election shall be by secret ballot and direct vote in the manner prescribed and the prescribed number of candidates securing the highest number of valid votes shall be deemed to have been duly elected:

Provided that for the period expiring on 26th January, ²[1980]-

(a) every Gram Panchayat shall, subject to the provisions of sub-clause (b), have one panch belonging to the Scheduled Castes if their population is five per centum or more of the population of the Sabha area concerned;

(b) every Gram Panchayat with seven or more panches shall have two panches who are members of Scheduled Castes if the population of the Scheduled Castes is ten per centum or more;

(c) if the required number of successful candidates does not include one or two members from the Scheduled Castes, as the case may be, then the Scheduled Caste candidate or candidates, as the case may be, securing the highest number of votes from amongst themselves shall be deemed to have been elected as the last or the last two panches;

(d) in case the requisite number given in sub-clauses (a) and (b) of members of Scheduled Castes are not elected in the manner given above, the prescribed authority shall make up the deficiency by nominating duly qualified person or persons of such castes:

Provided further that the expiry of the period referred to above shall not effect the constitution of a Gram Panchayat existing at the time:

Provided further that if Government is of the opinion that the basis of population adopted for the purposes of determining the representation of members belonging to the Scheduled Castes for any particular Gram Panchayat is incorrect, with the result that the requisite number of panches belonging to such castes is not elected, the Government may nominate the required number of duly qualified person or persons of such castes as additional panches and on such nomination being made the number of panches, determined under sub-section (1) shall be deemed to have been increased by the number of panches so nomonated. The number of the Panches so increased and their term of office shall cease to have any effect after the next election of the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determined afresh under sub-section (1).

(5) No person who is not a member of the Sabha and who-

(a) is not qualified to be elected as a member of the Legislative Assembly; or

³[(aa) has, after the trial of an election petition presented under Chapter II-A, been found guilty of any corrupt practice specified in section 13-U, unless the period of disqualification laid down by or under section 13-T has elapsed or the Government has removed the disqualification under the last aforesaid section; or]

(b) has been convicted of any offence involving moral turpitude unless a period of five years has elapsed since his conviction; or

(c) has been subjected to an order by a criminal court and which order in the opinion of Government or of the officer to whom Government has delegated its powers of removal, implies a defect of character unfitting him to be a Sarpanch or Panch, unless a period of five years has elapsed since the date of order; or

(d) has been convicted of an election offence; or

(e) has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898; or

(f) has been notified as disqualified for appointment in public service, except on medical grounds; or

(g) is a whole-time salaried servant] of any; local authority or State or the Union of India; or

(h) is registered as a habitual offender under the Punjab Habitual Offenders (Control and Reforms) Act, 1952, ⁴[or any other Act for the time being in force]; or

(i) is an undischarged insolvent; or

(j) has not paid the arrears of the tax imposed by the Gram Panchayat ⁵[or the Panchayat Samiti]; or

(k) is an employee of Sabha or Gram Panchayat; or

⁶[(kk) is a member of either House of Parliament or of the Legislature of the Punjab State; or]

(l) is a tenant or lessee holding a tenancy or lease under the Gram Sabha or is in arrears of rent of any lease or tenancy held under the Gram Sabha, or is a contractor of the Gram Sabha;

shall be entitled to stand for election as, or continue to be a Sarpanch or Panch:

⁷[Provided that if, on the commencement of the Punjab Gram Panchayat (Amendment) Act, 1963, a member of either House of Parliament or of the Legislature of the Punjab State is holding the office of a Sarpanch or Panch, such member shall not be disqualified under clause (kk) to continue as a Sarpanch or Panch, as the case may be, for the term of his office:

Provided further that a member of either House of Parliament or of the Legislature of the Punjab State may be elected as a Sarpanch or Panch if, along with his nomination paper he gives a written undertaking to the effect that he shall resign his membership of either House of Parliament or of the Legislature of the Punjab State, as the case may be, and so resigns before taking the oath under sub-section (1) of section 9.]

Section 7. Powers and jurisdiction of Gram and Adalit Panchayats

7. Powers and jurisdiction of Gram and Adalit Panchayats.- (1) A Gram Panchayat shall exercise powers as an ordinary Panchayat, and shall have jurisdiction over matters laid down in Schedule I-A.

(2) The Government shall have powers to confer upon any Gram Panchayat or elected representatives, of a group of Gram Panchayats, enhanced powers. Such Panchayats or representatives shall have jurisdiction over matters laid down in Schedule I-B.

(3) When enhanced powers are to be conferred on representatives of a group of Panchayats, the Panches of the Panchayats concerned, shall elect five Adalti Panches from amongst themselves by direct voting, the five Panches securing the highest number of votes being deemed to have been elected and such Panches shall elect an Adalti Sarpanch from amongst themselves in the manner prescribed.

(4) The Adalti Panches elected as aforesaid shall exercise the enhanced powers referred to in sub-section (2), and shall have jurisdiction over the combined Sabha areas of the Panchayats concerned, and when acting as such shall together be known as an Adalti Panchayat.

(5) No proceeding of a Gram Panchayat or an Adalti Panchayat shall be invalid for the mere fact of there being a vacancy amongst its members.

Section 8

8. ¹[***]

Section 9. Oath and term of office of Panches and no cofidence motion against them

¹[9. Oath and term of office of Panches and no cofidence motion against them.- (1) Before entering upon the duties of their offices, the Sarpanch and Panches shall take an oath in the form specified in Schedule IV.

(2) The Sarpanch and Panches shall hold office for a period of five years:

Provided that an outgoing Sarpanch or Panch shall, unless Government directs otherwise, continue to hold office until his successor has taken the oath:

(3) An application regarding intention to move a motion of no-confidence against the Chairman of the Sabha or a member of the Executive Committee may be made to the Block Development and Panchayat Officer by a majority of not less than two-thirds of the total number of members of the Sabha.

Provided that no such application shall be made unless a period of one year has elapsed from the date on which the Chairman or the member of the Executive Committee, as the case may be, assumed his office.

(4) The Block Development and Panchayat Officer shall, within a period of fifteen days of the receipt of application under sub-section (3), convene a meeting of the Sabha for discussing and taking a decision on the no-confidence motion by giving seven clear days' notice of the meeting. Such a meeting shall be presided over by the Block Development and Panchayat Officer or such Officer, not below the rank of an Extension Officer, as may be authorised by the Block Development and Panchayat Officer in this behalf.

(5) If the no-confidence motion is carried in the meeting by a majority of not less than two-thirds of the total number of members of the Sabha, the Chairman or the member of the Executive Committee, as the case may be, shall be deemed to have been removed from his office:

Provided that where a no-confidence motion is moved against the Chairman of the Sabha or the member of the Executive Committee, as the case may be, but is lost, another no confidence motion shall not be moved against him for a period of two years from the date on which the motion was lost.]

Section 10. Filling of casual vacancies

10. Filling of casual vacancies.- Whenever a vacancy occurs by the death, resignation or removal of a Panch, or a Sarpanch, a new Panch or Sarpanch, as the case may be, shall be elected in such manner as may be prescribed, and the person so elected shall hold office for the unexpired portion of the term for which the person in whose place he was elected would have otherwise continued in office.

Section 11. Appointments in cases of default

11. Appointments in cases of default.- If for any reason a Sarpanch or a sufficient number of Panches are not elected, or a casual vacancy is not filled within the time prescribed the prescribed authority may appoint the necessary number of duly qualified persons as a Sarpanch or Panch as the case may be, and any such person shall hold office for the unexpired portion of the term for which the person in whose place he was appointed would have otherwise continued in office.

Section 12. Meeting and quorum of Sabha

¹[12. Meeting and quorum of Sabha.- (7) Every Sabha shall hold two general meetings in each year, one after the harvesting of Sawani crop (hereinafter called the Sawani meeting) and the other after the harvesting of the Hari crop (hereinafter called the Hari meeting) on such dates as may be fixed by the Panchayat Samiti.

(2) The Sarpanch may at any time, and, where a requisition in writing of the Panchayat Samiti or of not less than one-fifth of the total number of members of the Sabha has been received by him, shall within thirty days from the receipt of such requisition, call an extraordinary general meeting of the Sabha.

(3) If a general meeting or an extraordinary general meeting is not called as required by sub-sections (1) and (2), the Panchayat Samiti shall call such meeting.

(4) The meeting of the Sabha shall be conducted and the time and place of such meetings shall be published in such manner as may be prescribed.

(5) For any meeting of the Sabha, one-fifth of the total number of its members shall form a quorum:

Provided that, except in the case of an adjourned meeting of Sawani or Hari meeting, the provisions of this sub-section shall not apply to a meeting adjourned for want of quorum.]

Section 13. Budget of Sabha

13. Budget of Sabha.- The Sabha shall at its Sawani meeting consider the budget prepared by the Gram Panchayat and at its Hari meeting consider the reports of the working of the Gram Panchayat and draw out development plans for the Sabha area.

Section 13-A. Definitions

Chapter-II-A - Disputes Regarding Elections

¹[Chapter-II-A

Disputes Regarding Elections

13-A. Definitions.- In this Chapter, unless the context otherwise requires,-

(a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election with the written consent of such person;

(b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an flection, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate;

(c) "corrupt practice" means any of the practices specified in section 13-U;

(d) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;

(e) "election" means an election to fill the office of a Sarpanch or Panch;

(f) "electoral right" means the right of a person to stand or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election;

(g) "pleader" means any person entitled to appear and plead for another in a Civil Court and includes an Advocate.

Section 13-B. Election petitions

13-B. Election petitions.- No election of a Sarpanch or Panch shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.

Section 13-C. Presentation of petitions

13-C. Presentation of petitions.- (7) Any member of the Sabha may, on furnishing the prescribed security in the prescribed manner,-

(a) where an election was held after the 12th August, 1960 and before the 27th September, 1962, within thirty days of the latter date; or

(b) where an election is held after the 27th Seprember, 1962, within thirty days of the date of announcement of the result thereof;

present on one or more of the grounds specified in sub-section (1) of section 13-0 to the prescribed authority an election petition in writing against the election of any person as a Sarpanch or Panch.

(2) The election petition shall be deemed to have been presented to the prescribed authority-

(a) when it is delivered to the prescribed authority-

(i) by the person making the petition; or

(ii) by a person authorised in writing in this behalf by the person making the petition; or

(b) when it is sent by registered post and is delivered to the prescribed authority.

(3) An election petition pending before the prescribed authority immediately before the 27th September, 1962, shall be decided and disposed of by the prescribed authority in accordance with the provisions of this Chapter after affording to the person who presented the election petition an opportunity to amend the petition.

Section 13-D. Contents of petition

13-D. Contents of petition.- (1) An election petition-

(a) shall contain concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

(2) Any schedule or armexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

Section 13-E. Procedure on receiving election petitions

13-E. Procedure on receiving election petitions.- If the prescribed security is not furnished in the prescribed manner or the petition is not presented within the period specified in section 13-C, the prescribed authority shall dismiss the petition:

Provided that the petition shall not be dismissed without giving the petitioner an apportunity of being heard.

Section 13-F. Power of Deputy Commissioner to withdraw and transfer petitions

13-F. Power of Deputy Commissioner to withdraw and transfer petitions.- The Deputy Commissioner of the district concerned may, at any stage after notice to parties and for reasons to be recorded, withdraw any election petition pending before a prescribed authority and transfer it for trial to another prescribed authority within his district; and upon such transfer, that prescribed authority shall proceed with the trial from the stage at which it was withdrawn:

Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.

Section 13-G. Procedure before the prescribed authority

13-G. Procedure before the prescribed authority.- (1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908), to the trial of suits:

Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (I of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respect to the trial of an election petition.

Section 13-H. Appearance before prescribed authority

13-H. Appearance before prescribed authority.- Any appearance, application or act before the prescribed authority may be made or done by the party in person or by a pleader duly appointed to act on his behalf:

Provided that it shall be open to the prescribed authority to direct any party to appear in person whenever the prescribed authority considers it necessary.

Section 13-I. Powers of the prescribed authority

13-I. Powers of the prescribed authority.- The prescribed authority shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters:-

(a) discovery and inspections;

(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;

(c) compelling the production of documents;

(d) examining witnesses on oath;

(e) granting adjournments; and

(f) reception of evidence taken on affidavit;

(g) issuing commissions for the examination of witnesses;

and may summon and examine suo moto any person whose evidence appears to it to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).

Explanation.-For the puspose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the prescribed authority shall be the limits of the State of Punjab.

Section 13-J. Documentary evidence

13-J. Documentary evidence.- Notwithstanding anything in any enactment to the contrary, no documents shall the inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

Section 13-K. Secrecy of voting not to be infringed

13-K. Secrecy of voting not to be infringed.- No witness or other person shall required to state for whom he has voted at an election.

Section 13-L. Answering of criminating questions and certificate of indemnity

13-L. Answering of criminating questions and certificate of indemnity.- (1) No witness shall be excused from answering any question to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

Provided that-

(a) A witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority; and

(b) an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code (45 of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act, or any other law.

Section 13-M. Expenses of witness

13-M. Expenses of witness.- The reasonable expenses incurred by any person in attending to give evidence may be allowed by the prescribed authority to such person, and shall, unless the prescribed authority otherwise directs, be deemed to be part of the costs.

Section 13-N. Decision of the prescribed authority

13-N. Decision of the prescribed authority.- (1) Where an election petition has not been dismissed under section 13-E, the prescribed authority shall inquire into the election petition and at the conclusion of the inquiry shall make an order-

(a) dismissing the election petition; or

(b) setting aside the election.

(2) At the time of making an order under sub-section (1) the prescribed authority shall also make an order-

(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording-

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and

(b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid:

Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless-

(a) he has been given notice to appear before the prescribed authority and to show cause why he should not be so named; and

(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the prescribed authority and has given evidence against him, or calling evidence in his defence and of being heard.

Section 13-O. Grounds for setting aside elections

13-O. Grounds for setting aside elections.- (1) If the prescribed authority is of the opinion-

(a) that on the date of his election the elected person was not qualified, or was disqualified, to be elected under this Act; or

(b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent; or

(c) that any nomination has been improperly rejected; or

(d) that the result of the election in so far as it concerns the elected person, has been materially affected-

(i) by the improper acceptance of any nomination; or

(ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or

(iii) by any non-compliance with the provisions of this Act or of any rules made under this Act;

the prescribed authority shall set aside the election of the elected person.

(2) When an election has been set aside under sub-section (1), a fresh election shall be held.

Section 13-P. Abatement of election petition

13-P. Abatement of election petition.- An election Petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

Section 13-Q. Costs and payment thereof out of security deposits and return of such deposits

13-Q. Costs and payment thereof out of security deposits and return of such deposits.- (1) Costs including pleaders' fees shall he in the discretion of the prescribed authority.

(2) If in any order as to costs under the provisions of this Chapter there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit made by such party under this Chapter, on an application made in writing in that behalf within a period of one year from the date of such order to the Deputy Commissioner by the person in whose favour the costs have been awarded.

(3) If there is any balance left of the security deposit under this Chapter after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in that behalf in writing to the Deputy Commissioner by the person by whom the security has been deposited or if such person dies after making such deposit, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.

Section 13-R. Execution of orders as to costs

13-R. Execution of orders as to costs.- Any order as to costs under the provisions of this Chapter may be produced before the principal civil court within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:

Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (2) of section 13-Q, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to insufficiency of the amount of the security deposit referred to in that sub-section.

Section 13-S. Restoration to officof of certain perso whose elections was set asine

13-S. Restoration to officof of certain perso whose elections was set asine.- (1) Subject to the result of an election petition made under sub-section (1) of section 13-C, a person, whose election as a Sarpanch or Panch held after the 12th August, 1960, and before the 27th September, 1962, was set aside by the prescribed authority before such commencement, shall be deemed to be duly elected as such Sarpanch or Panch, as the case may be, and shall be restored to the office of such Sarpanch or Panch.

(2) On the restoration of a person, under sub-section (1), any other person elected to fill the vacancy caused as a result of the election of such person having been set aside shall cease to be a Sarpanch or Panch.

Section 13-T. Corrupt practies entailing disqualifications

13-T. Corrupt practies entailing disqualifications.- The corrupt practices specified in section 13-U shall entail disqualification for membership of Gram Panchayat for a period of five years counting from the date on which the finding of the prescribed authority as to such practice has been given:

Provided that the Government may, for reasons to be recorded, remove the disqualification or reduce the period thereof.

Section 13-U. Corrupt practices

13-U. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Chapter:-

(1) Bribery, that is to say,-

(A) any gift, offer or promise by candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing-

(a) a person to stand or not to stand as or to withdraw from being, a candidate at an election; or

(b) a member of the Sabha to vote or refrain from voting at an election;

or as a reward to-

(i) a person for having so stood or not stood, or for having withdrawn his candidature; or

(ii) a member of the Sabha for having voted or refrained from voting;

(B) the receipt of, or agreement to receive any gratification, whether as a motive or a reward-

(a) by a person for standing or not standing as, or for withdrawing from being, a candidate; or

(b) by any person whomsoever for himself or any other person, for voting or refraining from voting, or inducing or attempting to induce any member of the Sabha to vote or refrain from voting, or any candidate to withdraw his candidature.

Explanation.-For the purposes of this clause, the term "gratification" is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any; other person with the consent of the and date or his agent, with the free exercise or any electoral right:

Provided that-

(a) without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who-

(i) threatens any candidate or a member of the Sabha, or any person in whom a candidate or such member is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community;

(ii) induces or attempts to induce a candidate or a member of the Sabha to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure;

shall be deemed to interfere with the free exercise of the electoral right of such candidate or a member of the Sabha within the meaning of this clause;

(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

(3) the appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

(4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

(5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.

(6) The hiring or procuring, whether on payment or otherwise of any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his agent, for the conveyance of any member of the Sabha (other than the candidate himself, the members of his family or his agent) to or from any polling station provided or a place fixed for the poll:

Provided that the hiring of a vehicle by a member of the Sabha or by several members at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle so hired is a vehicle not propelled by mechanical power:

Provided further that the use of any public transport vehicle by any member of the Sabha at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation.-In this clause 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 Vehicles or otherwise.

(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of a candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority.]

Section 14. Meetings

Chapter-III - Gram Panchayats-Conduct of Business, Duties, Functions and Powers

Chapter-III

Gram Panchayats-Conduct of Business, Duties, Functions and Powers

14. Meetings.- (1) The meeting of the Gram Panchayat shall be public and shall be held at least once a month at some place within the Gram Panchayat area for which it is established, whenever called by the Sarpanch:

Provided that the Sarpanch, when required in writing by a majority of the Panches to call a meeting, shall do so within three days, failing which these Panches, shall, with the previous approval of the prescribed authority, be entitled to call a meeting after giving a week's notice to the Sarpanch and the other Panches.

(2) Quorum.- Three Panches shall form a quorum.

(3) The decisions of the Panchayat shall be by majority and when the voting is equal, the Chairman shall have an additional or casting vote.

Section 15. Maintenance of Panchayat re-cords, etc., and liability to hand them over

¹[15. Maintenance of Panchayat re-cords, etc., and liability to hand them over.- (1) The Sarpanch and, in his absence, the Panch elected by the Panchayat for the purpose, shall be responsible for the mainteance of all prescribed records and registers and other property belonging to or vested in the Sabha or the Panchayat and, on the vacation of his office, the outgoing Sarpanch or Panch shall hand them over to the Sarpanch or to such other Panch as may be authorised in this behalf by the Deputy Commissioner.

(2) If on a requisition made in this behalf by the Executive Officer of the Panchayat Samiti, any person within a period of ten days of such requisition fails under sub-section (1) to hand over the prescribed records and registers and other property belonging to or vested in the Sabha or the Panchayat to the Sarpanch or Panch referred to in that sub-section, the Executive Officer of the Panchayat Samiti shall apply to ²[an Executive Magistrate] of the First Class within whose jurisdiction the Sabha area is situated for securing from such person such records, registers and other property.

(3) On receiving an application under sub-section (2), the Magistrate may by a warrant authorise any police officer not below the rank of a Sub-Inspector to enter and search any place where such records and registers and other property are kept or are believed to be kept and to seize them; and the records, registers and property so seized shall be handed over to the Sarpanch or the Panch authorised by the Deputy Commissioner, as the case may be.

(4) Whoever, wilfully evades under this section the handing over of the prescribed records and registers or other property belonging to or vested in the Sabha or the Panchayat shall, on conviction by a ³[Judicial Magistrate], of the First Class, be punishable with imprisonment which may extend to six months, or with fine, or with both notwithstanding anything to the contrary contained in this Act.

(5) The ³[Judicial Magistrate] of the First Class shall not take cognizance of an offence under this section save on a complaint made by the Executive Officer of the Panchayat Samiti or such other officer as may be authorised in writing in this behalf by the Government.]

Section 16. Appointment of Secretary

¹[16. Appointment of Secretary.- (1) There shall be Secretary for a Gram Panchayat or a group of Gram Panchayats who shall be appointed by the Panchayat Samiti in the manner prescribed:

Provided that any person appointed as a Secretary of any Gram Panchayat or a group of Panchayats before the commencement of the Gram Panchayat (Amendment) Act, 1963, shall be deemed to have been appointed by the Panchayat Samiti.

(2) Subject to such rules as may be made in this behalf, the Panchayat Samiti may, for making payment of the remuneration, leave salary and allowances to the Secretary so appointed or deemed to have been appointed, levy contributions from the Sabha Funds concerned in such proportion as may be fixed by it.

(3) Subject to such rules as may be made in this behalf, a Panchayat Samiti may, either suo motu or on receiving a report from the Gram Panchayat, trannsfer, suspend, dismiss or otherwise punish a Secretary of a Gram Panchayat or a group of Panchayats.

(4) It shall be the duty of the Secretary, under the general supervision of the Sarpanch, to assist the Gram Panchayat or Gram Panchayats, as the case may be, in the discharge of its or their functions under this Act or under any other law for the time being inforce.

Section 17. Employment of other servants

17. Employment of other servants.- (1) Subject to such rules as may be made in this behalf and with the previous approval of the Panchayat Samiti, a Gram Panchayat may employ such other servants as are considered necessary for carrying out the duties imposed on it by this Act, and may suspend, dismiss or otherwise punish such servants.

(2) A Gram Panchayat shall pay the remuneration to such servants out of the Sabha Fund.]

Section 18. Provident Fund and gratuity for Servants

18. Provident Fund and gratuity for Servants.- A Gram Panchayat may, in accordance with rules made under this Act-

(a) establish and maintain a provident fund on behalf of its servants; and

(b) grant a gratuity to any servant subject to the previous approval of the Director.

Section 19. Administrative duties

19. Administrative duties.- (1) Subject to such rules as may be prescribed, it shall be the duty of the Gram Panchayat within the limits of the funds at its disposal, to make arrangements for carrying out the requirements of the ¹[Sabha area] in respect of the following matters including all subsidiary works and buildings connected therewith:-

(a) any public place including its sanitation and drains;

(b) wells, water-pumps, baolies, springs, ponds and tanks for the supply of water for drinking, washing and bathing;

(c) burial and cremation grounds;

(d) the lighting of public places;

(e) buildings for the accommodation of travellers;

(f) ponds for animals;

(g) the relief of the poor;

(h) public health and sanitation;

(i) the organization and celeberations of public festivals, other than religious festivals;

(j) the improvement of the breeds of animals used for agricultural or domestic purposes;

(k) public gardens, playgrounds, establishment and maintenance of recreation parks, organization of games and sports, supply of sports materials and holding of tournaments;

(l) libraries and reading-rooms;

(m) the voluntary registration of the sales of cattle, camels, and horses;

(n) the development of agriculture and village industries, and the destruction of weeds and pests;

(o) starting and maintaining a grain fund for the cultivators and lending them seed for sowing purposes on such conditions as the Gram Panchayat may approve;

(p) the construction, repair and maintenance of public places and buildings of public utility;

(q) allotment of places for preparation and conservation of manure;

(r) construction and maintenance of culverts and bridges; ²[* *]

(s) the laying out of new roads and pathways and maintenance of existing ones;

³[(t) framing and carrying out schemes for the improved methods of cultivation and management of land to increase production;]

⁴[(u) supply of water for domestic use and for cattle;

(v) the organization of Young Farmers' Club and Mahila Mandal for the organization of games and sports and execution of developmental, social and cultural works in the Sabha area;

(w) planning and preservation of trees;

(x) measures to promote the moral, social and material well-being or convenience of the inhabitants of the Sabha area;

(y) promotion of pisciculture;

(z) community listening;

(zz) organizing of village voluntary force for watch and ward and for assisting the Gram Panchayat in the discharge of its functions.]

(2) Subject to such exceptions as Government may, by general or special order, make, a Gram Panchayat may, and shall, if Government so directs or prescribes, make provisions for-

(a) the establishment, maintenance and management of maternity and child welfare centres and the construction and repair of all buildings connected therewith;

(b) medical relief and first-aid;

(c) the promotion of agricultural credit and of measures including establishment of provision and implement stores and credit centres to relieve rural indebtedness and poverty;

(d) establishment and maintenance of first-aid centres for animals;

(e) relief against famine or other calamity;

(f) providing such educational facilities as may be deemed necessary and desirable; and

(g) any other matter which Government may declare to be fit and proper to be taken under the control and administration of the Gram Panchayat:

Provided that nothing in this section shall be deemed to impose any duty or confer any power on the Gram Panchayat with respect to any matter which is under the direct administrative control of any department of Government or local authority, unless such duty or power has been transferred or delegated to the Gram Panchayat by order of Government or, as the case may be, of the local authority:

Provided further that where Government makes any such direction, Government shall from time to time allot to the Panchayat such funds or place at the disposal of the Gram Panchayat such sources of income as it may deem sufficient.

(3) It shall be the duty of the Gram Panchayat within ⁵[the Sabha area] to perform-

(a) the duties of the Panchayat under the Punjab Village ad Small Town Patrol Act, 1918 (Punjab Act VIII of 1918)⁶[or any other Act for the time being in force]; and

(b) such duties of village headmen in connection with village watchmen as Government may prescribe by rules under section 39-A of the Punjab Laws Act, 1872 (IV of 1872) ⁶[or any other Act for the time being in force.]

Section 20. Functions of the district board which may be delegated to the Gram Panchayat

20. Functions of the district board which may be delegated to the Gram Panchayat.- Notwithstanding anything to the contary in the Punjab District Boards Act, 1883 (XX of 1883), ¹[or any other Act for the time being in force], the district board may and shall, if so required by Government, delegate any of the following duties to the Gram Panchayat, namely-

(a) any matter under the direct administrative control of the District Board;

(b) the maintenance or improvement of any property under the control or management of the District Board;

(c) the control and management of cattle ponds which are under the control of the District Board:

Provided that the funds necessary for the performance of the duties so delegated shall be placed by the District Board at the disposal of the Gram Panchayat, and in case of default the Government may, by an order in writing, direct the person having the custody of the District Board Fund to place the fund at the disposal of the Gram Panchayat.

Section 21. Power to require removal of encroachments and nuisance

21. Power to require removal of encroachments and nuisance.- (1) A Gram Panchayat on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a conditional order requiring within a time to be fixed in the order:-

(a) the owner or the occupier of any building or land-

(i) to remove any encroachment on a public street, place or drain;

(ii) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to a street drain, or to shut off such latrine, urinal or water-closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood;

(iii) to cleanse, repair, cover, fill up, drain off, deepen or to remove water from a private well, tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious to health or offensive to the neighbourhood;

(iv) to remove any dirt, dung, night-soil, manure or any noxious or offensive matter therefrom and to cleanse the land or building;

(b) the owner of any wall or building, which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wall or building;

(c) the owner or occupier of any building or property to keep his building or property in a sanitary state;

(d) the owner of any dog or other animal suffering or reasonably suspected to be suffering from rabies or which is dangerous, to destroy or confine or cause to be confined such dog or animal;

(e) the owner or occupier of any agricultural land to destory Pohli or any other such harmful weed from such land;

(f) the owner or occupier concerned to reclaim an unhealthy place;

(g) the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or street passing in front of the building or through his land;

(h) the owner or person-in-charge of a private "Khal" to keep it in a state of reasonable repair.

Or if he objects so to do to appear before it, at a time and place to be fixed by the order, and to move to have the order set aside or modified in the manner hereinafter provided. If he does not perform such act or appear and show cause, the order shall be made absolute. If he appears and shows cause against the order the Gram Panchayat shall take evidence and if it is satisfied that the order is not reasonable and proper no further proceedings shall be taken in the case. If it is not so satisfied the order shall be made absolute.

(2) If such act is not performed within the time fixed, the Gram Panchayat may cause it to be performed and may recover the costs of performing it from such person.

Section 22. Power to make general orders

22. Power to make general orders.- A Gram Panchayat may by general order to be published in the manner prescribed-

(a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public health;

(b) regulate or prohibit the watering of cattle or bathing or washing at or near, wells, ponds, or other excavations, reserved for drinking-water;

(c) regulate or prohibit the steeping of hemp or any other plant in or near ponds or other excavations within two hundred and twenty yards of the residential area of a village;

(d) regulate or prohibit the dyeing or tanning of skins within four hundred and forty yards of the residential area of a village:

Provided that where the dyeing or tanning of skins was so practised at the time of the establishment of the Gram Panchayat under the Punjab Village Panchayat Act, 1939 (XI of 1939), or Punjab Panchayat Act, 1921 (III of 1921), ¹[or any other Act for the time being in force], it shall not be prohibited unless the Gram Panchayat provides reasonable facilities for practising it outside the four hundred and forty yards limits;

(e) regulate or prohibit the excavation of earth or stone or other materials within two hundred and twenty yards of the residential area of a village:

Provided that nothing shall be done under this clause to prevent excavations meant to be filled by the foundation of buildings or other structures;

(f) regulate or prohibit the establishment of brick-kilns and charcoal kilns within eight hundred and eighty yards and pottery-kilns within two hundred and twenty yards of the residential area of a village:

Provided that where a pottery-kiln was working at the time of the establishment of Gram Panchayat under the Punjab Village Panchayat Act, 1939 (XI of 1939), and the Punjab Panchayat Act, 1921 (III of 1921), ¹[or any other Act for the time being in force], it shall not be prohibited unless the Gram Panchayart provides reasonable facilities for practising it outside the two hundred and twenty yards limits;

(g) direct that the carcasses of all animals dying within the village, except animals slaughtered for consumption shall not be disposed of within a radius of 440 yards of the residential area of the village:

Provided that nothing shall be done under this clause to interfere with the legal rights of any person;

(h) regulate the construction of new buildings or the extension or alterations of any existing building or the abadi;

(i) regulate with the previous permission of Government the parking of public vehicles;

(j) regulate such matters as may be necessary for the general protection of standing crops and trees on common land and the planting of such trees;

(k) regulate the observance of sanitation and taking curative and preventive measures to remove and prevent the spread of epidemics;

(l) regulate the maintenance of watercourses meant for irrigation purposes;

(m) regulate the killing of stray dogs;

(n) regulate the slaughter of animals; and

(o) prohibit beggary;

²(p) direct the taking of measures for the prevention of water logging;

(q) regulate the flaying and disposal of dead animals;

(r) prohibit the sale of harmful eatables within the Sabha area;

(s) regulate offensive and dangerous trades or practices]

Section 23. Penalty for disobedience of a special or general order of the Panchayat

23. Penalty for disobedience of a special or general order of the Panchayat.- Any person who disobeys an order of the Gram Panchayat made under the two last preceding sections, shall be liable to a penalty which may extend to twenty-five rupees; and if the breach is a continuing breach, with a farther penalty which may extend to one rupee for every day after the first during which the breach continues:

Provided that the recurring ¹[penalty] shall not exceed the sum of rupees five hundred.

Section 24. Power to enquire and make report about misconduct of petty officials

24. Power to enquire and make report about misconduct of petty officials.- (1) On a complaint being made to the Gram Panchayat by any person that a peon, bailiff, constable, chaukidar, patrol of the Irrigation Department, forest guard, Patwari, or vaccinator, canal overseer, head constable, game watcher or any other class of public servants to which Government may by notification extend the provisions of this section has misconducted himself in his official capacity, the Gram Panchayat may enquire into the matter and submit a report along with the prima facie evidence to the superior officer whom it may concern, or to the Deputy Commissioner ¹[or the Sub-Divisional Officer as the case may be.]

The authority shall, after such further enquiry as may be required, take suitable action and inform the Gram Panchayat of the result:

Provided that nothing in this section shall be constructed as empowering the Gram Panchayat to summon any such officials or to exercise control, disciplinary or otherwise, over them.

(2) Supervision of patwaris.- On the report being made by any person that a patwari, or chaukidar has failed to perform any duty imposed upon him by any laws or rules, the Gram Panchayat may by notice fixing a reasonable period require him to perform the said duty and on his failure to do so shall report the matter to the superior officer whom it may concern, or to the Deputy Commissioner ¹[or the Sub-Divisional Officer as the case may be.] Result of the action taken thereon shall be communicated to the Gram Panchayat.

Section 25. Power to contract for the collection of taxes and other dues

25. Power to contract for the collection of taxes and other dues.- A Gram Panchayat may notwithstanding any law to the contrary, in respect of any area within its jurisdiction, enter into contract with Government or a local body to collect land revenue or any taxes or dues payable to Government or a local body on being allowed such collection charges as may be prescribed.

Section 26. Power to introduce prohibition

26. Power to introduce prohibition.- (1) A Gram Panchayat may, by vote of at least two-thirds majority of Panches, direct that intoxicating liquor may not be sold at any licensed shop within the local area of the Gram Panchayat.

(2) When a resolution has been passed under sub-section (1) above, it shall notwithstanding any resolution passed by an empowered District Board under section 5 of the Punjab Local Option Act, 1923 (V of 1923), ¹[or any other Act for the time being in force], take effect from the first day of April of the year next after such resolution.

(3) Notwithstanding anything contained in the Punjab Excise Act, 1914 (I of 1914), ¹[or any other Act for the time being in force], and the rules made thereunder with regard to the powers and functions of the Collector under the said Act, such a resolution will be binding upon the Excise and Taxation Commissioner:

Provided that if the Excise and Taxation Commissioner is of opinion for reasons to be recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within two years preceding the date of the passing of such resolution, in such local area, such resolution shall not be binding upon him, unless the Government orders that it shall be so binding.

Section 27. By-laws

27. By-laws.- (1) A Gram Panchayat may, from time to time, make by-laws consistent with this Act and with any rules made thereunder generally for carrying out all or any of the purposes of this Act.

(2) In making a by-law under sub-section (1) the Gram Panchayat may direct that a breach of it shall be punishable with fine, which may extend to ten rupees and if the breach is continuous with a further fine of one rupee for every day after the first during which the breach continues.

(3) The power conferred under this section to make by-laws is subject to the condition of previous publication for such time and in such manner as the Director may determine, and no by-law shall come into force until it has been confirmed by the Director.

Section 28. Entry and Inspection

28. Entry and Inspection.- The Sarpanch of the Gram Panchayat and, if authorised in writing in this behalf by the Gram Panchayat, any other Panch may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Gram Panchayat is authorised by this Act or by rules or by-laws made thereunder to make or execute, or which it is necessary for a Gram Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or by-laws, to make or execute:

Provided that-

(a) except when it is under this Act otherwise expressly provided no such entry shall be made between sunset and sunrise;

(b) sufficient notice shall in every instance be given even when any premises can otherwise be entered without notice to enable the inmates of an apartment, occupied by women to remove themselves to some part of the premises where their privacy shall not be disturbed; and

(c) due regard shall always be had to the social and religious usages of the occupants of the premises entered.

Section 29. Transfer of forest area or irrigation work

29. Transfer of forest area or irrigation work.- (1) Government may, subject to such conditions as may be prescribed, transfer to any Gram Panchayat the management and maintenance of a forest and Government waste land within and near the boundaries of its jurisdiction.

(2) Government may, subject to such conditions as may be prescribed, transfer to any Gram Panchayat the protection of any irrigation work and its extensions and the regulation of the distribution of water from any such work.

Section 30. Acquisitions of land

30. Acquisitions of land.- When a Gram Panchayat requires any land to carry out any purpose of this Act, it shall first try to obtain the land by private negotiations and if the parties concerned fail to arrive at an agreement, such Gram Panchayat may make an application in the prescribed form to the Collector to acquire the land and the Collector may acquire such land under the provisions of the Land Acquisition Act, 1894 (Act I of 1894).

Explanation.-In this Chapter the expression ‘land’ includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.

Section 31. Power to manage fairs and markets

31. Power to manage fairs and markets.- The Gram Panchayat may with the consent of district board start, manage and regulate new fairs, and markets with such conditions as to the share of income accruing therefrom as may be mutually agreed upon.

Section 32. Power over waterways, etc.

32. Power over waterways, etc.- A Gram Panchayat shall have control of all public streets, waterways, other than canals as defined in sub-section (1) of section 3 of the Northern India Canal and Drainage Act, 1873 (VIII of 1873), ¹[or any other Act for the time being in force], situate within its jurisdiction not being a private street or waterway and not being under the control of Government or district board or any other authority specified by Government and may do all things necessary for the maintenance and repair thereof, and may-

(a) construct new bridges or culverts;

(b) divert, discontinue or close any public street, culvert or bridge;

(c) widen, open, enlarge or otherwise improve any public street, culvert or bridge with minimum damage to the neighbouring fields;

(d) deepen or otherwise improve waterways;

(e) with the sanction of the prescribed authority and where a canal exists under the Northern India Canal and Drainage Act, 1873 (VIII of 1873)¹[or any other Act for the time being in force], with the sanction also of such officer of the Irrigation Department as Government may appoint, undertake small irrigation projects;

(f) cut any hedge or branch of any tree projecting on a public street;

(g) notify the setting apart of any public watercourse for drinking or culinary purposes, and prohibit bathing, washing of clothes and animals or doing of other acts likely to pollute the course so set apart:

Provided that nothing shall be done under clause (g) which may affect a canal governed by the Northern India Canal and Drainage Act, 1873 ¹[or any other Act for the time being in force], without the prior permission of the authority prescribed by Government in this behalf.

Section 32-A. Powers regarding naming of streets and numbering of buildings

¹[32-A. Powers regarding naming of streets and numbering of buildings.- (7) A Gram Panchayat may-

(a) cause a name to be given to a street by affixing it to or painting it on any building or otherwise in such a position or manner as it may think fit;

(b) cause a number to be ??? to or painted on any building in such a position or manner as it may think fit.

(2) The Gram Panchayat may require the owner or occupier of any building to paint thereon a number or itself cause such a number to be painted on any building.

(3) Any person destroying, pulling down, defacing or altering any name plate of a street or number affixed to or painted on a building under sub-sections (1) and (2) or affixing to or painting on a building a different name or number from that affixed or painted by or under the order of the Gram Panchayat, shall, on conviction, be liable to a fine which may extend to ten rupees.]

Section 33. Functional Subcommittees and Local Committees of Gram Panchayats

¹[33. Functional Subcommittees and Local Committees of Gram Panchayats.- (1) A Gram Panchayat shall for the discharge of its administrative functions and other duties appoint Functional Sub-Committees and Local Committees.

(2) The Functional Sub-Committees shall strengthen the Panchayats by assisting them with suggestions at the stage of planning and help in execution of development work.

(3) In case a Sabha area is constituted of more than one village, each village shall have a Local Committee consisting of the Panches of the village and co-opted members of the village, which will look after the development of the village and will be considered as Functional Sub-Committees for all purposes.]

Section 34. Help in maintenance and improvement of schools and hospitals or dispensaries

34. Help in maintenance and improvement of schools and hospitals or dispensaries.- ¹(1) The Gram Panchayat shall give such help as may be prescribed to the department concerned in the efficient running of the schools, hospitals and dispensaries in or near its jurisdiction.

¹[(2) The Gram Panchayat may contribute funds to any charitable or national cause or any work or, scheme for removing distress, and ameliorating the conditions of the people in the rural areas in the State-sponsored or approved by Government.]

Section 35. Establishment of primary schools, hospitals or dispensary for a group of Panchayats

35. Establishment of primary schools, hospitals or dispensary for a group of Panchayats.- Where a group of neighbouring Gram Panchayat areas have no primary school, hospital or dispensary, the Gram Panchayats thereof shall, if so directed by the prescribed authority, combine to help in establishing such a school, hospital or Ayurvedic or Unani dispensary and it shall be managed in the manner prescribed:

Provided that Government or the District Board shall place such funds, as may be necessary for the purpose, at the disposal of the Gram Panchayats concerned.

Section 36. Assistance to Government servants

36. Assistance to Government servants.- A Gram Panchayat shall if so prescribed by Government and so far as practicable assist any Government servant in the performance of his duties within its area.

Section 37. Power to take over management of institutions, etc.

37. Power to take over management of institutions, etc.- Subject to rules made under this Act and to conditions agreed upon in writing a Gram Panchayat may receive from any person any property vested in him, or the management of any institution, or the execution or maintenance of any work, or the performance of any duty, within its area:

Provided that no work costing more than five hundred rupees shall be entrusted to, or undertaken by, a Panchayat except with the previous approval of the Director.

Section 38. Jurisdiction

Chapter-IV - Criminal Judicial Functions

Chapter-IV

Criminal Judicial Functions

38. Jurisdiction.- The criminal Jurisdiction of a Gram Panchayat shall be confined to the trial of offences specified in ¹[Schedule 1-A].

Section 39. Additional power of Gram Panchayats

39. Additional power of Gram Panchayats.- Every Panchayat with enhanced powers, and every Adalti Panchayat shall have jurisdiction to try-

(1) the offences mentioned in Schedule T-B, provided that the value of the property concerned with the offence is not in excess of two hundred and fifty rupees, but shall not empower the said Panchayats to try any person liable to enhanced punishment under section 75 of the I.P.C.

(2) any other offence, not punishable with imprisonment for more than two years, which Government may by notification, declare, to be triable by such Panchayats.

Section 40. Jurisdiction, etc.

40. Jurisdiction, etc.- (1) For the purpose of deciding whether an offence falls within the jurisdiction of a ¹[*] Panchayat, the provisions of section 179 to 182 of the Code of Criminal Procedure, 1898 (V of 1898) shall apply.

(2) ²[A] Panchayat shall be deemed to be Criminal court when trying a criminal case.

Section 41. Transfers

41. Transfers.- Any magistrate before whom a complain: or report by the police of any offence triable by a ¹* * Panchayat is brought or who takes cognizance of any such offence upon his own knowledge dr suspicion shall transfer the proceedings to ²[a] Panchayat of competent jurisdiction:

Provided that a ³[Chief Judicial Magistrate] may for reasons to be recorded in writing transfer any criminal case from one⁴* * Panchayat to another ⁴* * * Panchayat of competent jursdiction or to another court subordinate to him.

Section 42. Exclusion of certain cases

42. Exclusion of certain cases.- (1) Subject to the provisions of sub-section (3) no ¹* * Panchayat shall take congnizance of any offence runder, the Indian Penal Code, 1860 (XLV of 1860) in which either the complainant or the accused is a public servant.

(2) When information relating to the commission of a cognizable offence triable by a ²* * Panchayat has been given to an officer-incharge of a police station, he shall forthwith send a copy of the First Information Report to the ²* * Panchayat competent to try such an offence and such ²** Panchyat shall not proceed to try any complaint relating to the same facts nor shall it issue any summons in the matter, until the officer has intimated in writing that the investigation has been concluded. Such officer shall send the information to the ²* * Panchayat after the conclusion of the investigation.

(3) No criminal case shall be heard by any ²* *. Panchayat when a criminal case on substantially the same facts against the same person has been heard and finally decided by a competent Court or Panchayat ²[or is pending therein].

Section 43. Cognizance of criminal cases

43. Cognizance of criminal cases.- (1) Any person who wishes to institute a criminal case before a ¹* * Panchayat shall make a complaint orally or in writing to the Sarpanch, and in his absence to any, Panch and shall at the same time pay the fee prescribed in Schedule III;

Provided that if the court-fee stamp is not available at the place where the ²* * Panchayat ordinarily sits, an equivalent amount in cash shall be paid.

(2) If the complaint is made orally, such particulars as may be prescribed shall be recorded by the 5 Sarpanch or the Panch, as the case may be.

(3) Notwithstanding anything contained in sub-section (1) a Panchayat shall be competent to take cognizance suo moto of cases falling under sections 160, 228, 264, 277, 289, 290, 294, 510 of the Indian Penal Code, and under section 3 and 4 of the Punjab Juvenile Smoking Act, 1918, (XLV of 1860. VII of 1918)³[or any other Act for the time being in force.]

Section 44. Action on complaint

44. Action on complaint.- (1) The ¹* * Panchayat may, after examining the ²[complainant], if any; and after further enquiry, if necessary, either dismiss the complaint or summon the accused to attend.

(2) If the complainant fails to appear on the date fixed for hearing or if in the opinion of the ¹* * Panchayat he shows negligence in prosecuting the case, the ¹* * Panchayat may dismiss the case and such order shall subject to the provisions of the sub-section (3) operate as an acquittal.

(3) If the complainant satisfies the ¹* * Panchayat that his absence was due to some unavoidable cause and that he could not notify the ¹* * Panchayat thereof before the hearing the ¹* * Panchayat may revive the proceeding:

Provided that no order of dismissal shall be set aside without a notice to the accused if it has been passed after his appearance before the ¹* * Panchayat.

Section 45. Power of Panchayats to refuse to entertain criminal case

45. Power of Panchayats to refuse to entertain criminal case.- If at any time it appears to the ¹* * Panchayat that the offence is one for which the sentence which the ¹* * Panchayat is competent to pass would be inadequate, it shall send the record of the case by order in writing to the ²[Chief Judicial Magistrate].

Section 46. Proceedings on failure of the accused to appear

46. Proceedings on failure of the accused to appear.- (1) If the accused fails to appear or cannot be found, the ¹* * Panchayat shall report the fact to the nearest Magistrate.

(2) The Magistrate shall issue a warrant for the arrest of the accused and shall direct by endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before himself in the manner provided by section 76 of the Code of Criminal Procedure, 1898, (V of 1898) he shall be released from custody.

(3) When the accused appears before the Magistrate he shall direct him to execute a bond with or without sureties to appear before the ²* * Panchayat, Sarpanch, or any Panch on such date as he may direct and thereafter to continue to appear before the ²* * Panchayat as directed by such person or the ²* * Panchayat.

(4) On his failure to execute such bond the Magistrate shall order that the accused be produced in custody before the person mentioned in sub-section (3) ³[or] the ²* * Panchayat on such date not more than fifteen days later as he may direct.

(5) If the accused fails to appear before the Panchayat after executing a bond under sub-section (3) the Panchayat shall report the fact to the Magistrate before whom the bond was executed, and such Magistrate shall proceed in accordance with the provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (V of 1898).

Section 47. Prompt disposal of criminal cases

47. Prompt disposal of criminal cases.- (1) the ¹* * Panchayat shall, if possible, try a criminal case and pass orders on the day on which the accused appears and, if that is not possible, may; if he is not already on bail, require him to execute a bond with or without sureties for a sum not exceeding five hundred rupees to appear before the ¹* * Panchayat on any subsequent day or days to which the trial may be adjourned.

(2) The amount of such bond if forfeited shall be recoverable by the ²* * Panchayat as if it were a fine imposed by it.

(3) If the accused fails to execute the bond required by sub-section (1) the ²* * Panchayat shall inform the Magistrate of the fact and the date fixed for the next hearing; and the Magistrate shall proceed as provided under sub-sections (2), (3) and (4) of section 46.

Section 48. Punishment

48. Punishment.- (1) ¹* * Panchayat may on conviction-

(a) sentence the accused to a fine not exceeding one hundred rupees or if given enhanced powers under this Act, to a fine not exceeding two hundred rupees or double the value of the damage or loss caused by his act, whichever is greater:

Provided that no fine shall exceed the maximum fine prescribed by law for that offence;

(b) discharge him after due admonition;

(c) require him to execute within such time as the ¹* * Panchayat may fix, a bond with or without sureties, of an amount not exceeding one hundred rupees, binding himself that he will not be again guilty of any offence triable by the ¹* * Panchayat for any period not exceeding twelve months; or

(d) where in the opinion of the ¹* *Panchayat, he is under eighteen years of age, require his father or his guardian to execute within such time as the ¹* * Panchayat may fix, a bond, with or without sureties of an amount not exceeding one hundred rupees, binding himself to prevent such offender from committing any offence triable by the ²* * Panchayat for any period not exceeding twelve months.

(2) The amount of any bond taken under clauses (c) and (d) of the foregoing sub-section if forfeited, shall be recoverable by the ³* * Panchayat as if it were a fine imposed by itself and if the accused or his father or his guardian, as the case may be, fails to execute such a bond within the time fixed, the accused shall be punishable with fine which may extend to one hundred rupees.

(3) Where a ³* * Panchayat imposes a fine under the provisions of this section and such fine is not paid as required, it shall record an order declaring the amount of fine imposed and that it has not been paid, and shall forward the same to the nearest ⁴[Judicial Magistrate], who shall proceed to execute it as if it were an order passed by himself, and such ⁴[Judicial Magistrate] may also sentence the accused to imprisonment in default of payment.

Section 49. Compensation

49. Compensation.- (1) If a fine is imposed under this Act, the ¹* * Panchayat may order the whole or any part of the fine recovered to be applied-

(a) in defraying expenses properly incurred in the case by the complainant; and

(b) in compensation for any material damage or loss caused by the offence committed.

(2) If the ¹* * * Panchayat considers that a case is false or frivolous or vexatious it may call upon the complainant to show cause why he should not pay compensation to the accused. The ¹* * Panchayat shall record and consider any cause which the complainant may show and if it is satisfied that the case was false, frivolous or vexatious, may, for reasons to be recorded, direct that compensation not exceeding rupees fifty, shall be paid by the complainant to the accused.

Section 50. Conviction by the Panchayat not previous conviction

50. Conviction by the ¹* Panchayat not previous conviction.- No conviction under this Act shall be deemed to be a previous conviction for the purpose of Section 75 of the Indian Penal Code, 1860 (XLV of 1860) or Section 562 or 565 of the Code of Criminal Procedure, 1898 (V of 1898).

Section 51. Supervision of criminal proceedings by (Chief Judicial Magistrate)

51. Supervision of criminal proceedings by ¹(Chief Judicial Magistrate).- (1) The ¹[Chief Judicial Magistrate], if satisfied, that a failure of justice has occurred, may, of his own motion or on an application of the party aggrieved, by order in writing after notice to the accused, or the complainant as the case be, cancel or modify any order in a judicial proceeding made by ²(a) Panchayat or direct the retrial of any criminal case by the same or any other ³* * Panchayat of competent jurisdiction or by a court of competent jurisdiction subordinate to him.

(2) A fee of one rupee shall be paid on every such application.

Section 52. Power

Chapter-V - Civil and Revenue Judicial Functions

Chapter-V

Civil and Revenue Judicial Functions

52. Power.- (1) Notwithstanding any other law for the time being in force and subject to the other provisions of this Act, the jurisdiction to try any of the suits mentioned hereunder shall vest in a ¹* * Panchayat-

(a) suits for the recovery of moveable property or the value of such property,

(b) suits for money or goods due on contracts, or price there of,

(c) suits for compensation for wrongfully taking or injuring moveable property, and

(d) suits mentioned in clauses (j), (k), (l) and (n) of sub-section (3) of section 77 of the Punjab Tenancy Act, 1887 (XVI of 1887) ²[or any other Act for the time being in force].

(2) Power.-The pecuniary limits of the jurisdiction of a Panchayat with enhanced powers shall be five hundred rupees in respect of suits falling under clause (a), (b) and (c) of sub-section (1) and two hundred rupees in respect of suits falling under clause (d) of the said sub-section. The pecuniary limits of jurisdiction of other Panchayats shall be two hundred rupees in respect of suits falling under clauses (a), (b) and (c) of sub-section (1) and one hundred rupees in respect of suits falling under clause (d) of the said sub-section.

Section 53. Panchayat to be deemed to be civil or revenue court

53. Panchayat to be deemed to be civil or revenue court.- (1) The ¹* * Panchayat when trying such suits shall be deemed to be a civil or revenue court as the case may be. Unless relinquished in part, the suit shall include the whole of the claim and no subsequent suits shall lie before the ¹* * Panchayat or any other court for any claim or a part thereof relinquished or omitted.

(2) Limits to jurisdiction.- No suit shall lie before a ¹* * Panchayat unless the defendant or one of the defendants, sought to be made liable for the claim, where there are more than one at the time of the institution of the suit resides or carries on business or personally works for gain, or has within one year of the institution of the suit resided or carried on business or personally worked for gain, within the limits of its jurisdiction or the cause of action has arisen wholly or in part within these limits.

Section 54. Transfer of suits

54. Transfer of suits.- (1) Any other court before whom a suit triable by a ¹* * Panchayat is filed shall transfer the suit to the ¹* * Panchayat of competent jurisdiction.

(2) The District Judge or Collector may, for reasons to be recorded in writing, transfer any civil or revenue suit respectively from one ¹* * Panchayat to another ¹* * Panchayat of competent jurisdiction or to another court subordinate to him.

Section 55. Exclusion of Panchayats jurisdiction

55. Exclusion of Panchayats jurisdiction.- No suit shall lie in a ¹* * Panchayat-

(a) on a balance of a partnership account;

(b) for a share or a part of a share under an intestacy or for a legacy or part of legacy under a will;

(c) by or against the Central Government or a State Government or a local authority or a public servant or a ¹* * Panchayat or Market Committee constituted under ¹the Punjab Agricultural Produce Market Acts, 1939 (Punjab Act V of 1939) ¹[or any other Act for the time being in force], or when any such party is, in the opinion of the ¹* * Panchayat, a necessary party;

(d) by or against a minor or a person of unsound mind or when any such person is in the opinion of the ¹* * Panchayat, a necessary party;

(e) against an insolvent for a claim pertaining to the time prior to the admission of his insolvency petition;

(f) on account of any dispute or matter regarding which any suit or application may be made in a Revenue Court as defined in the Punjab Tenancy Act, 1887, except as provided by clause (d) of sub-section (1) of section 52;

(g) in which the matter directly and substantially in issue is pending for decision in or has been heard and finally decided by a Court of competent jurisdiction in a former suit between the same parties or those under whom they claim.

Section 56. Limitation

56. Limitation.- (1) The provisions of any law fixing a period of limitation for civil or revenue proceedings shall be deemed to be amended to the extent that the period of limitation of any suit triable by a ¹* * Panchayat shall not exceed three years or the period fixed in Schedule II if the claim arose before the commencement of this Act.

(2) Any time spent on proceedings before a ¹* * Panchayat to which the provisions of sections 58 and 71 are applicable shall be excluded from any period of limitation prescribed by law for suits in other courts.

Section 57. Institution

57. Institution.- (1) Any person, who wishes to institute a suit before a ¹* * Panchayat shall present a petition in writing to the Sarpanch or in his absence to any Panch and shall at the same time pay the fees prescribed in Schedule III.

Provided that if the court-fee stamp is not available at the place where the Panchayat ordinarily sits, an equivalent amount in cash shall be paid.

(2) Any petition so presented shall be entered in a register of suits, to be maintained in such form and by such person as Government may prescribe.

Section 58. Wrong institution of suits

58. Wrong institution of suits.- If at any time, it appears to the ¹* * Panchayat that it has no jurisdiction to try a suit, it shall direct the petitioner, by order in writing to file his suit in the proper court.

Section 59. Summary dismissal

59. Summary dismissal.- If upon the face of the petition, or on examine the petitioner, a ¹* * Panchayat is of opinion that the petition is vexatious or frivolous or barred by limitation or discloses no cause of action, it shall dismiss the petition by order in writing.

Section 60. Necessary parties in suits

60. Necessary parties in suits.- (1) Subject to the provisions of clauses (c) and (d) of section 55, the ¹* * Panchayat shall add as parties to suit any persons whose prescence as parties it considers necessary for a proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register:

Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with.

(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a civil suit, he may require that the trial shall begin de novo.

(3) If the plaintiff or defendant in any suit dies before a case has been finally decided and the right to sue still survives, the suit shall, subject to the provision of clause (d) of section 55, be proceeded with at the instance, of or, against the legal representatives of the deceased plaintiff or the deceased defendant, as the case may be:

Provided that application in this behalf has been presented to the ¹* * Panchayat within thirty days of the death or within such further period as the ¹* * Panchayat may, for sufficient cause, allow.

Section 61. Summons

61. Summons.- If a suit is not dismissed under section 59 the ¹* * Panchayat shall by summons require the defendant to appear before it and answer the petition.

Section 62. Dismissal in default and restoration

62. Dismissal in default and restoration.- (1) If the petitioner fails to appear on the date fixed for hearing or if in the opinion of the ¹* * Panchayat he shows negligence in prosecuting his suit, the ¹* * Panchayat may dismiss the suit unless the defendant admits ail or any part of the claim, when it shall be decreed accordingly.

(2) A ¹* * Panchayat shall restore a suit dismissed for failure to appear, if, within fifteen days from the date of such dismissal, or such further period which for sufficient cause the ¹* * Panchayat may allow, the plaintiff satisfies the ¹* * Panchayat that he was prevented by any sufficient cause from appearing; but no order of dismissal shall be set aside without notice to the defendant if it has been passed after his appearence before the ¹* * Panchayat.

A fee of one rupee shall be paid on every such application for restoration.

Section 63. Ex parte decision

63. Ex parte decision.- (1) If the defendant fails to appear and the ¹* * Panchayat is satisfied that he has received notice of the date fixed for the hearing or that he is intentionally evading service, the ¹* * Panchayat may proceed ex parte.

(2) Any defendant against whom a suit has been decided ex parte, within thirty days from the date of executing any process for enforcement of the decision or within such further period as the ¹* * Panchayat may for sufficient cause allow, apply orally or in writing to the ¹* * Panchayat, to set aside the order; and the ¹* * Panchayat, if satisfied that the defendant did not receive due notice of the hearing or was prevented from appearing by any sufficient cause or was not intentionally evading service of summons, shall set aside the decision and shall appoint a day for proceeding with the suit, but no such order shall be passed without notice to the opposite party.

A fee of one rupee shall be paid on every such application for setting aside an ex parte decision.

Section 64. Final decision

64. Final decision.- (1) At the conclusion of the trial, the ¹* * Panchayat shall pass a decree in writing with or without costs of the suits in such form as Government may by rule prescribe and shall enter particulars of the decision in the register of suits.

(2) If any money is paid over or if any property is transferred in the presence of ¹* * Panchayat in satisfaction of a decree it shall enter the payment or the transfer in the register of suits.

(3) A decree passed by a ¹* * Panchayat shall be executed by it in such manner as may be prescribed. If the ¹* * Panchayat finds any difficulty in executing a decree, it may forward the decree to the civil or revenue court having jurisdiction and such court shall thereupon proceed to execute the decree as if it were a decree passed by itself.

Section 65. Supervision

65. Supervision.- The District Judge in respect of civil suits or the Collector in respect of revenue suits may of his own motion or on an application of the party aggrieved set aside or modify any decree or order made by a ¹* * Panchayat in a civil or revenue suit or direct the retrial of the suit by the same or any other ¹* * Panchayat of competent jurisdiction or by any other court subordinate to him if he is satisfied that there has been a failure of justice whether on a point of fact or law.

Section 66. General

Chapter-VI - General Provisions Applicable to Judicial Proceedings

Chapter-VI

General Provisions Applicable to Judicial Proceedings

66. General.- (1) The provisions of the Code of Criminal Procedure, 1898 (V of 1898) the Code of Civil Procedure, 1908 (V of 1908) and of the Indian Evidence Act, 1872 (I of 1872) shall not apply to proceedings before ¹* * Panchayats, save to the extent mentioned in this Act, but the ¹* * Panchayat may ascertain the facts of any criminal case or civil or revenue suit by all legitimate means in its power and thereafter pass such order, sentence or decree as may be in accordance with justice, equity and good conscience.

(2) Every ¹* * Panchayat shall maintain a brief memorandum of proceedings of each case tried by it.

Section 67. Bar to personal interests

67. Bar to personal interests.- (1) No member of a ¹* * Panchayat shall take part in any case, suit or proceeding to which he or his employer, employee or partner in business or near relative is a party or in which any of them may be personally interested.

(2) If by reason of the number of Panches disqualified under sub-section (1). there remains no quorum the ¹* * Panchayat shall send the case or the suit to the ²[Chief Judicial Magistrate] or the District Judge or the Collector having jurisdiction, as the case may be, for disposal in accordance with law.

Section 68. Compromise and decision on oath

68. Compromise and decision on oath.- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be lawful for the ¹* * Panchayat to allow any criminal case to be compounded or to decide any suit within its jurisdiction in accordance with any lawful and valid compromise agreed upon between the parties.

(2) Sections 8 to 11 of the ²Indian Oaths Act, 1873, (10 of 1873) shall apply to judicial proceedings before a ¹* * Panchayat.

Section 69. Bar to legal practitioners

69. Bar to legal practitioners.- Notwithstanding anything contained in the Legal Practitioners Act, 1879, (XVIII of 1879) no legal practitioner shall be permitted to appear, plead or act before a ¹* * Panchayat for any party in any judicial proceedings under this Act.

Section 70. Appearance of agents

70. Appearance of agents.- (1) A woman or any other person specially permitted by ¹* * Panchayat, being a party to any judicial proceedings before it may appear through an agent authorised in this behalf.

(2) For the purposes of this section, "agent" shall not include any legal practioner or any person employed as a cleric to any legal practioner or any petition-writer or a tout declared as such under section 36 of the Legal Practitioners Act, 1879 (XVIII 1879).

Section 71. Difficulties

71. Difficulties.- If at any time, it appears to a ¹* * Panchayat-

(a) that it has no jurisdiction to try a case or a suit;

(b) that a case or a suit is of such a nature or of such difficulties that it should be tried by another court;

it shall, by order in writing, stating therein the dates of presentation and return of the petition, direct the complainant or the petitioner, as the case may be, to present the complaint or petition to the proper court.

Section 72. Attendance of witnesses

72. Attendance of witnesses.- (1) ¹[A] Panchayat may by summons send for any person to appear and give evidence or to produce or cause the production of any document:

Provided that-

(a) no person who is exempt from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Proceedure, 1908, (V of 1908) shall be required to appear in person before a ²* * Panchayat in a civil suit;

(b) a ²* * Panchayat may refuse to summon a witness or to enforce a summons already issued against a witness, when in its opinion the attendance of the witnesses cannot be procured without an amount of delay, expense or inconvenience which in the circumstances would be un-reasonable;

(c) a ²’ * Panchayat shall not require any person living beyond its jurisdiction to give evidence or to produce a document unless such a sum of money be paid to him as appears to ²[the] Panchayat to be sufficient to defray his reasonable expenses;

(d) no woman shall be compelled to appear as a witness in person before ³[a] Panchayat. She may be examined on commission in the manner prescribed; and

(e) if a document is produced in obedience to a summons issued under this section the ²* * Panchayat shall cause the document to be copied, mark the copy after comparing with the original to be a true copy and return the original document to the person producing the same.

(2) If any person, whom the ⁴* * Panchayat summons by written order to appear or give evidence or to produce any document before it, wilfully fails to obey such summons, the ⁴* * Panchayat may take cognizance of such disobedience and after giving such person an opportunity to explain may, on conviction, sentence him to a fine not exceeding twenty-five rupees.

Section 73. Processes

73. Processes.- (1) Every summons issued by a ¹* * Panchayat shall be drawn up in such form and shall be signed or sealed in such manner as may be prescribed.

(2) When the person on Whom the summons is to be served resides within its jurisdiction such summons shall ordinarily, be served by one of the chaukidars of the local area but the ¹* * Panchayat may in its discretion have it served by any other person willing to do so.

(3) If the accused or the defendant resides at the time of the issue of the summons outside the local area of its jurisdiction the ²* * Panchayat may forward the summons to the ²* * Panchayat within the local area of whose jurisdiction the accused or the defendant resides and such ²* * Panchayat shall cause it to be served as if it were a summons issued by itself.

(4) If the accused or the defendant resides at the time of the issue of the summons outside the ³[jurisdiction of a] Panchayat ⁴* * the ²* * Pachayat may, where it is not possible to serve the summons through another ²* * Panchayat, forward the summons to the nearest [⁵ Judicial Magistrate] who shall cause it to be served as if it were a summons issued by himself.

Section 74. Transfer application

74. Transfer application.- (1) If in any criminal case or civil or revenue suit before a ¹* * Panchayat any party intimates at any stage before the announcement of the final order or decree that he intends to make an application under this section to the ²[Chief Judicial Magistrate] or the District Judge or the Collector, as the case may be, for the transfer of the case or suit, the ¹* * Panchayat, shall, upon his executing, if so required, a bond without sureties of an amount not exceeding ten rupees, that he will make such application within a reasonable time to be fixed by the ³* * Panchayat, which shall not be less than fifteen days adjourn the case or suit for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon:

Provided that nothing herein contained shall require the ³* * Panchayat to adjourn the case or suit upon a second or subsequent intimation from the same party.

(2) If the application be not made within the time allowed, the amount of such bond shall be forfeited and may be recoverable by the ³* * Panchayat as if it were a fine imposed by itself.

Section 75. Stay of proceedings

75. Stay of proceedings.- The ²[Chief Judicial Magistrate] or the District Judge or the Collector, as the may be, on an application for transfer, order ³[a] Panchayat to stay the proceedings pending before it and on receipt of such order the ¹* * Panchayat shall stay the proceedings.

Section 76. Payment by Instalments

76. Payment by Instalments.- ¹[A] Panchayat may, when imposing a fine or ordering the payment of a sum of money or the delivery of any movable property, direct that the money be paid, or the movable property be delivered, by instalments.

Section 77. Finality of decision

77. Finality of decision.- (1) A * ¹* Panchayat shall not be competent to cancel, revise or alter any sentence, decree or final orders passed by it in any judicial proceedings, except ex parte decrees or orders; and subject to the provisions of sections 51 and 65, no sentence, decree or other order passed by a ²* * Panchayat in judicial proceedings shall be subject to appeal, or revision by any other court or authority.

(2) Res Judicata.-The provisions of sections 10 and 11 of the Code of Civil Procedure, 1908 (V of 1908) and section 403 of the Code of Criminal Procedure, 1898 (V of 1998) shall apply to all civil, revenue and criminal proceedings before a ²* * Panchayat.

Section 78. Custody of money

78. Custody of money.- Any sum realized by a ¹* * Panchayat by way of judicial fees or of judicial fines shall be ²[credited to the consolidated fund of the State in the manner prescribed.]

Section 79. Contempt of Court

79. Contempt of Court.- (1) The provisions of section 480 to 482 of the Code of Criminal Procedure, 1898, (V of 1898) shall apply to judicial proceedings under this Act:

Provided that the fine imposed for contempt of court shall not exceed twenty-five rupees.

(2) Conjective powers.- The provisions of sections 512, 517 and 522 of the Code of Criminal Procedure, 1898, shall apply to criminal proceedings before ¹[a] Panchayat, and if any order made by a Panchayat in relation to sections 517 and 522 of the Code of Criminal Procedure, 1898 (V of 1898) is not complied with, the panchayat shall forward the same to the nearest ²[Judicial Magistrate] who shall proceed to execute it as if it were an order passed by himself.

Section 80. (Sabha Fund)

Chapter-VII - Finance and Taxation

Chapter-VII

Finance and Taxation

¹[80. ²(Sabha Fund).- There shall be a ²[Sabha Fund] for each Panchayat and the same shall be utilised for carrying out the duties and obligations imposed on the Panchayat or any Committee thereof by this or any other enactment and for such other purposes of the Panchyat as the State Government may prescribe.]

Section 81. Sources of Gram Fund

¹[81. Sources of Gram Fund.- (1) The following moneys shall be credited to the Gram Fund-

(a) all grants from Government or other Local authorities;

(b) the balance (if any) standing at the credit of the Panchayat at the commencement of this Act;

(c) the balances and proceeds of all funds which, in the opinion of the Collector, were or are being collected for common secular purposes of the village or villages comprised in the Sabha area;

(d) all donations;

(e) all taxes, duties, cesses and fees imposed and realized under this Act;

(f) the sale proceeds of all dust, dirt, dung or refuge collected by the servants of the Panchayats and dead bodies of animals not claimed by any person in accordance with any custom or usage and the trees and other produce of the land vested in the Sabha;

(g) income derived from the village fisheries which are under the management of Panchayats;

(h) income derived from common lands vested in the Panchayat under any law for the time being in force.

(2) he Government shall every year assign to every Panchayat a portion of the land revenue not being less than ten per centum of the total annual land revenue realized within the limits of the Sabha area which shall be credited to the Gram Fund.

Section 82. Power of Taxation

82. Power of Taxation.- (1) Subject to rules made under this Act or any order made by Government in this behalf, a Gram Panchayat shall impose,-

(a) a house-tax payable by the occupier or, where a house is vacant, by the owner:

Provided that if any house remains vacant for a period of one year or more, it shall be exempt from payment of the house-tax;

(b) with the previous approval of Government, a tax on persons carrying on any profession, trade, calling and employment (other than agriculture) in the Sabha area provided such tax has not been imposed in the Sabha area by any other local authority under any law for the time being in force;

(c) if so authorised by the Government, a duty on transfers of property in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899, on instruments of sale, gift arid mortgage with possession of immovable property situated in the Sabha area at such rate as may be fixed by the Government not exceeding two per centum on, as the case may be, the amount of the consideration the value of the property or the amount secured by the mortgagee, as set forth in the instrument;

(d) if so authorised by the Government, any other tax, duty or cess which the Legislature of the State has power to impose;

Provided that if the Gram Panchayat fails to impose the tax, duty or cess Government may take necessary steps to impose it and the tax, duty or cess so imposed shall be deemed to have been imposed by the Gram Panchayat:

Provided further, that the Government may at any time withdraw the authorisation under clause (c) or clause (d) whereupon the tax duty or cess shall cease to be levied.

(2) The following fees may be levied by a Gram Panchayat:-

(i) teh-bazari from the shop-keepers in fairs other than cattle fairs;

(ii) service fee including fee on cleaning of streets and lighting of streets and sanitation;

(iii) fees for registration of animals sold in the Sabha area; and

(iv) water rate where water is supplied by the Gram Panchayat.]

Section 83. Power to exempt from taxes and write off irrecoverable amounts

83. Power to exempt from taxes and write off irrecoverable amounts.- Subject to such restrictions and control as may be prescribed, a Gram Panchayat may write off any tax, fee or other amount whatsoever, due to it, whether under a contract or otherwise or any sum payable in connection therewith, if in its opinion such tax, fee, amount or sum is irrecoverable.

Section 84. Expenses of Gram Panchayats

84. Expenses of Gram Panchayats.- he expenses of the Gram Panchayats shall be charged to the ¹(Sabha Fund) ²[and those of the Adalti Panchayat on the funds of the Gram Panchayats concerned in such proportion as may be determined by the prescribed authority.]

Section 85. Recovery of arrears

85. Recovery of arrears.- The Collector shall recover any sum due under this Act other than sums due under a decree passed by the ¹* * Panchayat in excercise of its civil jurisdiction or as fines imposed in the exercise of its criminal jurisdiction as if they were arrears of land revenue.

Section 86. Power to borrow

86. Power to borrow.- With the sanction of Government and subject to such conditions as may be prescribed, a Gram Panchayat may borrow money for carrying out of any of the purposes of this Act.

Section 87. Special tax and Community Service

87. Special tax and Community Service.- A Gram Panchayat may, with the previous permission of the Director, impose a special tax on the adult male members of the Panchayat area for the construction of any public work of general utility for the inhabitants of the said area: provided that it may exempt any member from payment of this tax in lieu of doing voluntary labour or having it done by another person on his behalf: provided further that in the case of an emergency manual labour may be compulsorily imposed without payment ¹[and if any person does not perform such labour without sufficient cause he shall be liable to be punished with a fine which may extend to twenty-five rupees].

Section 88

Chapter-VIII - The Panchayat Union

Chapter-VIII

The Panchayat Union

88. ¹[* * *]

Section 89

89. ¹[* * *]

Section 90

90. ¹[* * *]

Section 91

91. ¹[* * *]

Section 92

92. ¹[* * *]

Section 93

93. ¹[* * *]

Section 94

94. ¹[* * *]

Section 95. Delegation of powers

Chapter-IX - Control

Chapter-IX

Control

95. Delegation of powers.- (1) Government may, by notification, delegate all or any of its powers under this Act other than the power to make rules, to a Deputy Commissioner ¹[or the Sub-Divisional Officer as the case may be] or the Director.

(2) The Director may with the previous permission of Government delegate any of his powers other than those delegated to him ²[* * *] to an officer not below the rank of District Panchayat Officer.

³[(3) The Chief Judicial Magistrate may delegate, any of his powers to a Judicial Magistrate of the first class.]

(4) The District Judge may delegate any of his powers to a Sub-ordinate Judge of the first class.

(5) The Collector may delegate any of his powers to an Assistant Collector of the first grade.

(6) The Deputy Commissioner ¹[or the Sub-Divisional Officer, as the case may be] may delegate any of his powers of control to an officer not below the rank of an Extra Assistant Commissioner or to a District Panchayat Officer:

⁴[Provided that the power specified in section 102 shall not be delegated by the Deputy Commissioner.]

Section 95-A. Power of Government to direct holding of general elections of Chairmen and members of Executive Committees of Sabha

¹95-A. Power of Government to direct holding of general elections of Chairmen and members of Executive Committees of Sabha.- (1) Notwithstanding anything contained in this Act or the rules made thereunder, the Government may, by notification, direct that a general election of the Chairmen and members of the Executive Committees of all Sabhas, and, where necessary, co-option of members of such Committees, shall be held and made by such date as may be specified in the notification:

Provided that different dates may be specified for election and co-option and for different Sabhas or groups thereof.

(2) As soon as a notification is issued under sub-section (1), the Deputy Commissioner and all other authorities concerned shall take all necessary steps for such election and co-option under and in accordance with the provisions of this Act and the rules made thereunder.

(3) The power of issuing a direction under sub-section (1) may be exercised by the Government from time to time so that a period of not less than five years shall intervene between any two consecutive general elections and the direction may include such Sabhas as well, the election to the Executive Committees where of were held at any time after the general elections as a result of supersession or suspension of Gram Panchayat of such Sabha or due to any other cause, even if the period of five years has not intervened.]

Section 96. Access to records of Gram Panchayat

96. Access to records of Gram Panchayat.- (1) A Gram Panchayat shall at all reasonable times permit any officer or other person whom the Director or Deputy Commissioner ¹[or the Sub-Divisional Officer, as the case may be], may authorise in this behalf to have access to all its books, proceedings and records and to enter on and inspect any immovable property occupied by, or any work in progress under the orders of, or any institution controlled by it.

(2) Nothing contained in sub-section (I) shall affect the right of parties to any proceedings pending before a panchayat to inspect the records of those proceedings, in the manner prescribed.

Section 97. Power to suspend the action of Gram Panchayat

97. Power to suspend the action of Gram Panchayat.- (1) The Deputy Commissioner, ¹[or the Sub-Divisional Officer, as the case may be] may by written order suspend the execution of any resolution or order of the Gram Panchayat other than an order passed in judicial proceedings or prohibit the doing of any act which is about to be done or is being done under cover of this Act.

(2) The Deputy Commissioner, ¹[or the Sub-Divisional Officer, as the case may be,] shall forthwith send to the ²(Director) a copy of the order with a statement of his reason for making it, and with such explanation as the Gram Panchayat may offer, and the ²(Director) may thereupon confirm, modify or rescind the order.

Section 98. Control and sub-ordination

98. Control and sub-ordination.- In all matters arising under this Act, and unless otherwise provided, ¹* * * * *, Deputy Commissioners, ²(Sub-Divisional Officers), Director and District Boards shall be subject to such authority and control as Government may direct.

Section 99. Default of duties

99. Default of duties.- (1) If a Gram Panchayat makes default in the performance of any duty other than a judicial function imposed upon it by or under this Act, or under any other law for the time being in force, the Deputy Commissioner ¹[or the Sub-Divisional Officer, as the case may be,] may fix a period for the performance thereof, and in case of default may appoint any person to perform it and may direct that the expenses arising from, and incidental to, its performance shall be paid by the Gram Panchayat within the time fixed.

²[(2) If, in the opinion of the Government, a Gram Panchayat has failed or is otherwise incompetent to administer its property, movable or immovable, in the best interest of the inhabitants of the Sabha area, the Panchayat Samiti, if so required by the Government, shall appoint a person, with the previous approval of the Government, to administer such property for and on behalf of the Gram Panchayat under the general supervision of the Panchayat Samiti:

Provided that the Government may at any time direct the termination of such arrangement and thereon the administration of the property shall be resumed by the Gram Panchayat.

(3) The person appointed under sub-section (2) shall exercise all such powers of a Gram Panchayat under this Act, other than judicial powers, or under any other law for the time being in force as may be necessary for the management of the property and shall be entitled to receive such remuneration as may be fixed by the Panchayat Samiti with the approval of the Government.

(4) The income from the management of the property shall be credited to the Sabha Fund and all expenses arising from and incidental to the administration of such property, including the remuneration payable to the person appointed under sub-section (2), shall be met out of the Sabha Fund.

(5) If the expenses referred to in sub-section(1) or sub-section (4) are not paid, the Deputy Commissioner or the Sub-Divisional Officer, as the case may be, may make an order directing the person having custody of the Sabha Fund to make the payment in whole or in a part as may be possible from such balance and if such person: does not comply with the order, recover the amount from him.]

Section 100. Government may call for proceedings

100. Government may call for proceedings.- (1) Government may call for and examine the record of proceedings of any Gram Panchayat for the purposes of satisfying itself as to the legality or propriety of any executive order passed therein and may confirm, modify, or rescind the order.

(2) Government may, at any time, call for and examine the record of any executive order made under this Act for the purposes of satisfying itself as to the legality and propriety of such order and may confirm, modify or rescind such order.

Section 101. Power to make rules

101. Power to make rules.- (1) Government may make rules consistent with this Act to carry out the purposes thereof and may provide that the breach of any such rule be punishable with a fine which may extend to twenty-five rupees.

(2) In particular and without prejudice to the generally of the foregoing power, Government may make rules-

(a) with reference to all matters in respect of which rules are expressly required or allowed by this Act to be made;

(b) regulating the filling of vacancies in a Gram Panchayat, ¹[*] ²[* *] or Adalti Panchayat and the appointment of panches.

(c) regulating the proceeding of election, suspension or removal of the office-holders of the Gram Pachayat, the ¹[*] ²[* *] and Adalti Panchayat ³[* *];

⁴[(cc) regarding the authority to whom an election petition may be presented, the amount of security to be deposited in connection with an election petition and the manner in which such amount may be deposited, the form of affidavit referred to in the proviso to sub-section (1) of section 13D and the procedure to be observed by the prescribed authority in connection with the disposal of election petitions;]

(d) regulating the functions and powers of the persons enumerated in clause (c) above;

(e) regulating the exercise, by a Gram Panchayat, or ¹[*] ²[* *] of any of its powers under this Act and in particular the power of a Gram Panchayat to sue and to acquire, hold or transfer property and to enter into contracts;

(f) regulating the assessment and collection of taxes, appeals against assessment and collection of taxes and the custody and proper maintenance of the ¹(Sabha Fund);

(g) regulating the custody and proper maintenance of accounts, records and registers by a ²* * Panchayat and ³[*] ⁵[* *];

(h) authorizing and regulating the manner in which and the agency by whom the records, registers, accounts and other proceedings of these bodies shall tie inspected;

(i) regulating the procedure of a Collector or Deputy Commissioner ⁴[or the Sub-Divisional Officer, as the case may be], or the Director or Assistant Director of Panchayats while acting under this Act;

(j) regulating the mode of assembling the adult voters and recording their votes;

(k) providing for the procedure of subcommittees ⁶[or committees] appointed by a Gram Panchayat;

(l) regulating the time, place, language and conduct of meetings and adjourned meetings of Gram Panchayats and subcommittees ⁶[or committees];

(m) regulating the issue and service of processes, fees payable, scale of diet money for witnesses.

(3) All rules made under this section shall be subject to the condition of previous publication in such manner as Government may deem fit.

Section 102. Suspension and removal of Panches

102. Suspension and removal of Panches.- (1) The ¹[Deputy Commissioner] may during the course of an enquiry, suspend a Panch a ²* * * * * * for any of the reasons for which he can be removed, and debar him from taking part in any act or proceedings of the said body during that period and order him to hand over the records, money or any property of the said body to the person authorised in this behalf.

(2) Government may, after such enquiry as it may deem fit, remove any Panch-

(a) on any of the grounds mentioned in ³[sub-section (5) of section 6];

(b) who refuses to act, or becomes incapable of acting, or is adjudged an insolvent;

(c) who, without reasonable cause, absents himself for more than two consecutive months from the meetings of the Gram Panchayat, ⁴[*] ⁵[* * *] or Adalti Panchayat, as the case may be;

(d) who in the opinion of Government or of the officer to whom Government has delegated its power of removal, has been guilty of misconduct in the discharge of his duties;

(e) whose continuance in office is, in the opinion of Government or of the officer to whom Government has delegated its powers of removal, undesirable in the interest of the public:

¹[Provided that nothing in this sub-section shall be deemed to debar the Government from removing any Panch on the ground specified in clause (d) or clause (e) for the acts done or omitted to be dc ne during the term of his office immediately preceding that in which proceedings for removal are initiated:

Provided further that before the Government notifies the removal of the Panch under this sub-section, the reasons for the proposed removal shall be communicated to the Panch concerned and he shall be given an opportunity of tendering an explanation in writing.]

²[Explanation.-The expression ‘misconduct’ in clause (d) includes the failure of the Sarpanch without sufficient cause-

(i) to submit the judicial file of a case within two weeks of the receipt of the order of any Court to do so;

(ii) to supply a copy of the order of the: Gram Panchayat in an administrative or judicial case decided by it, within two weeks from the receipt of a valid application therefor.]

(3) A person who has been removed under sub-section (2) may be disqualified for re-election for such period not exceeding five years as Government may fix.

Section 103. Suspension or abolition of Gram Panchayats and consequences thereof

103. Suspension or abolition of Gram Panchayats ²[* *] and consequences thereof.- (1) If in the opinion of Government a Gram Panchayat, a ³[*] ²[* * *] or an Adalti Panchayat, is incompetent to perform or persistently makes default in the performance of a duty imposed on it by or under this or any other Act or exceeds or abuses its powers or should there be any other reason which in the opinion of Government necessitates the suspension or supersession of the body, Government may, by notification, suspend or supersede it.

(2) On the suspension or supersession of a body under sub-section (1), the following consequences shall ensue:-

(a) all members of the body shall from the date of the notification vacate their seats;

(b) the funds and other property, if any, vested in the body shall be disposed of in such manner, as Government may direct; and

(c) the ¹[Chief Judicial Magistrate] or the District Judge or the Collector, as the case may be, shall withdraw all criminal, civil and revenue cases pending before such Gram Panchayat, or Adalti Panchayat and dispose of them, in accordance with law.

(3) Government, may at any time establish another such body in the place of the one so suspended or superseded under this section in accordance with the provisions of this Act.

Section 104. Bar to actions

Chapter-X - Miscellaneous

Chapter-X

Miscellaneous

104. Bar to actions.- (1) No suit or other legal proceedings in a civil or criminal court shall lie against any Panch in respect of any act done in good faith under this Act.

(2) No civil or revenue suit or proceedings shall lie against any Gram Panchayat in respect of any act done in the discharge of any of its duties imposed under this Act.

Section 105. Liability of members

105. Liability of members.- (1) Every member of a Gram Panchayat shall be liable for the loss, waste or misapplication of any money or property belonging to that body if such loss, waste or misapplication is a consequence of his neglect or misconduct while a member.

(2) ¹[The District Panchayat Officer concerned] may, on the application of a Gram Panchayat or otherwise and, after giving the member concerned an opportunity to explain, assess by order in writing the amount due from him on account of such loss, waste or misapplication.

(3) Any person aggrieved by an order made under sub-section (2) of this section may, within one month of the date of such order apply to the ²[Assistant Director of Panchayats] to have it set aside and the ²[Assistant Director of Panchayats] may suspend the execution of the order upon such terms as to costs, payment into Court or otherwise as he thinks fit; but subject to the result of such application, if any, the order shall be conclusive proof of the amount due.

(4) Notwithstanding anything contained in this section, no person shall be called upon to explain why he should not be required to make good any loss, after the expiry of four years from the occurrence of the loss, waste or misapplication, or after the expiry of one year from his ceasing to be a member, whichever, is earlier.

Section 106. Resignation

106. Resignation.- A member of a ¹* * Panchayat may resign his office ²[of a Panch or Sarpanch] by notifying in writing his intention to do so to the Assistant Director of Panchayats and on such resignation being accepted shall be deemed to have vacated his office.

Section 107. Expenses to be met from State Revenue

107. Expenses to be met from State Revenue.- Government shall appoint a Director of Panchayats for the State as well as the staff and establishment which may be required to assist him and the salaries of the Director and such staff and establishment as well as any other expenses which Government may incur in carrying this Act into effect shall be defrayed by Government.

Section 108. Suits against Panchayat or its officers

108. Suits against Panchayat or its officers.- (1) No suit or legal proceedings shall be instituted against any officer or servant of a Gram Panchayat, a ¹[*] ²[* *] or an Adalti Panchayat or any person acting under their direction for anything done in good faith under this Act, until the expiration of two months next after a notice in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, has been in the case of any aforesaid body delivered or left at its office, and in the case of any individual as aforesaid delivered to him, at his office or usual place of abode; and the plaint shall contain a statement that such notice has been so delivered.

(2) Limitation of such suits.- Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of the alleged cause of action.

Section 109. Penalty for tampering with the property

109. Penalty for tampering with the property.- (1) Whoever removes, displaces or makes an alteration in or otherwise interferes with any pavement gutter or other material of public street, or any fence, wall or post thereof, or a lamp post or bracket, direction post, stand post, hydrant, or other such property of the Gram Panchayat, ¹[or interferes with any right, title or interest whatever, in the land vesting in the Panchayat] without the written sanction of the Gram Panchayat or other law full authority shall be punishable with fine which may extend to twenty-five rupees.

(2) If through any act, neglet or default on his part, a person has incurred a penalty imposed under sub-section (1) and has caused any damage to the property of a Gram Panchayat, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty and the damage may be recovered from the person in the prescribed manner.

Section 110. Duties of Police towards Panchayat

110. Duties of Police towards Panchayat.- Every police officer shall give immediate information to the Gram Panchayat of any offence coming to his knowledge which is triable by a Panchayat, and shall assist all members and servants of the Gram Panchayat and ¹* ²[* *] in the exercise of their lawful authority.

Section 111. Disputes

111. Disputes.- If any dispute arises between two or more Gram Panchayats or between a Gram Panchayat and a Town Committee or a Municipal Committee or a Notified Area Committee or a District Board, it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any court of law.

Section 112. Joint works or undertakings

112. Joint works or undertakings.- (1) Subject to such restrictions as may be prescribed a Gram Panchayat may unite with any other body or bodies being a Gram Panchayat, local authority, institution or branch of an institution established for the development of Panchayats and recognised by Government:-

(a) in works or undertakings which benefit the Gram Panchayat area and the areas under the jurisdiction of such other body or bodies;

(b) in appointing from among its members and the members of such other body or bodies a joint committee for any purpose of common interest and in delegating to such committee any of its powers and in framing regulations for the proceedings of the committee.

(c) contribute funds to any work or institution from which the area under the Gram Panchayat benefits, although such work or institution is undertaken or maintained outside that area.

(2) Any dispute arising between such bodies shall be referred for decision to Government or such officer as it may appoint in this behalf and such decision shall be final and shall not be questioned in any court of law.

Section 113. Budget and Anual Reports by Gram Panchayat

¹[113. Budget and Anual Reports by Gram Panchayat.- Every Gram Panchayat shall prepare and lay before the Sawani meeting of the Sabha a budget estimate of its income and expenditure for the year commencing on the first day of Baisakha next following and an annual report of the working of the Gram Panchayat stating therein the future development programme and the plans for the next year:]

²[Provided that if a Gram Panchayat fails to present its budget or annual report in the Sawani meeting, the Panchayat Samiti shall prepare the budget and the annual report of such Gram Panchayat and present the same before an extraordinary general meeting of the Sabha specially called for this purpose, and the Sabha shall consider the budget and the annual report so prepared and presented and draw out development plans for the Sabha area.]