Punjab act 009 of 1994 : The Punjab Panchayati Raj Act, 1994

THE PUNJAB PANCHAYATI RAJ

ACT, 1994

(Punjab Act 9 of 1994)

CONTENTS

| Section Page No. 1. Short title, extent and commencement 12 CHA R=

PRELIMINARY

2. Definitions i4

CHAPTER - I

GRAM SABHA AND GRAM PANCHA A

HS Establishment of m bha areas 19 4 Constitution of Gram Sabhas 22 5. Meeting and quorum of Gram Sabha 23 6. Presiding Officer 24 7. Budget and annual report of Gram Sabha 24

& Resolution of Majority votes 24

9. unctions of Gram Sabh 24

10. Constitution of Gram Panchayat 25 11. Reservation of the seats for the offices of the Panch 27 10-A Formulation of wards, af

12. Reservation of for the office of Sarpan 29

13 Notification of election and oath of allegiance by Panches 32 13-A. [Omitted] 33 14. Term of office of Sarpanch and Panch 33

15. Term of office of Gram Panchayat 34 16. Powers, functions and duties of Sarpanch 35 | 17. Resignation of Sarpanch 36 y 18. Resignation of Panches 36 H 19. [Omitted

: 20. Suspension and removal of Panch and Sarpanch 37 1 21, Cessation from office of Safpanch or Panch 45

. 22, Filling of casual vacancies of Sarpanches and Panches 46 | 23. Meeting of Gram Panchayat 46

| 24. Quorums and Procedure 47 | 25. Standing Committees of Gram Panchayats 48

26 Constitution of Panchayat Secretaries Service 48

27. Other employees of the Gram Panchayats 49

28. Provident Fund and gratuity for servants 49

29. Dissolution of Gram Panchayat 49

29-A.

35.

39.

41.

42.

43.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

i \o¥ ~ THE PUNJAB PANCHAYAT! RAJ ACT, 1994 '

Dissolution of Gram Panchayat in exceptional circumstances

'CHAPTER - Ill

FUNCTIONS, POWERS AND DUTIES OF

GRAM PANCHAYATS.

Functions of Gram Panchayats Assignment of functions of Gram Panchayats

" Special functions of Gram Panchayat Delegated functions of Gram Panchayats Power to require removal of encroachments and nuisance

Power of Gram Panchayat to make general order Penalty for disobedience of special or general order of the Gram Panchayat

Appeal against orders of Gram Panchayat Power to enquire and make report about misconduct of pelty officials

Supervision of Patwaris

Power to introduce prohibition

Power to make Bye-laws

Power of entry and Ins ion

Power regarding naming of streets and numbering of buildings

CHAPTER - IV

JUDICIAL FUNCTIONS OF GRAM PANCHAYATS

Powers and jurisdiction of Gram Panchayat over criminal offences

Transfer of proceedings

Exclusion of certain case

Cognizance of criminal cases

Action on complaint

Power of Gram Panchayat to refuse to entertain criminal case

Proceeding on failure of the accused to appear Promot disposal of criminal cases Punishment.

Compensation

Conviction by Gram Panchayat not Previous Conviction Supervision of Criminal proceedings by Chief Judicial Maaistrate

Civil, revenue and judicial powers

Gram Panchayat to be deemed to be civil or revenue court

Limits to jurisdiction

Transfer o suits

55.

£8

e y

e re ta | £

— — — — — — — a i

THE PUNJAB PANCHAYATI RAJ ACT, 1994

60.

61.

62.

64,

69.

rat

75.

76.

a4.

87.

8g.

92.

93.

95.

Exclusion of Gram Panchayat jurisdiction Limitation

Institution of suits

Wrong institution of suits

Summary dismissal

Necessary Parties in suits

Summons

Dismissal in default and restoration Ex parte decision

Final decision

Supervision

Provisions of the Code of Criminal Procedure, 1973. andthe Code of Ciil Procedure, 1908 to apply only where provided

Bar to personal interests

Compromise and decision on oath

Bar to legal practitioners

Appearance of agents

Difficulties in respect of having no jurisdiction Attendance witnesses

Processes

Transfer application

Stay of proceedings

Payment by instalments

Finality of decisions

Custody of money

Contempt of Court

CHAPTER - V

PROPERTY, FUNDS, FINANCE AND ACCOUNTS OF

GRAM PANCHAYATS

Property of Gram Panchayat Gram Panchayat Fund Custody and maintenance of Gram Panchayat records and properties

Taxation measures b ram Panchayat

Financial assistance to Gram Panchayats Power to exempt from taxes and to write off irrecoverable amounts

Expenses of Gram Panchayats

Recovery of dues as arrears of revenue Power of Gram Panchayat to borrow

Special tax and Community Service

Budget of Gram Panchayat

Accounts f Gram Panchayat

v7 v7?

tT,

THE PUNJAB PANCHAYATI RAJ ACT, 1994

of:

98.

100.

100-A.

101.

101-A.

102.

103.

104.

105.

106.

107.

108.

109.

110.

411.

112,

113.

114.

114-A.

115.

116.

117.

118.

119.

120.

121.

122

Audit of Accounts of Gram Panchayats CHAPTER — VI

CONSTITUTION OF PANCHAYAT SAMITIS AND

CONDUCT OF THEIR BUSINESS

Establishment of Panchayat Samiti Composition of Panchayat Samitis Determination of number of directly elected me m bers of

Panchayat Samitis

Omitted

Delimitation of Territorial constituencies Omitted

Reservation of seats of Panchayat Samitis Duration of Panchayat Samiti

Notification of election and Oath of allegiance by members of Panchayat Samitis

Elections of Chairman and Vice-Chairman and te rm of

office

Reservation for the offices of Chairmen and Vice-

Chairmen of Panchayat Samitis

Rotation of reserved seats and offices Allowances to Chairman, Vice sChairman and other members of Panchayat Samitis

Powers, functions and duties of Chairman of Panchayat

Samitis

Extraordinary Powers of Chairman and exec utive

Officer of Panchayat Samitis

Powers, Function of Vice-Chairman of P anchayat

Samitis

Resignation or removal of Chairman and Vice- Chairman of Panchayat Samiti

Suspension and removal of members of Pa nchayat

Samitis

Dissolution of Panchayat Samiti

Dissolution of Panchayat Samitis in excepti onal

circumstances.

Filling of casual vacancies of member, Chairman and

Vice Chairman of Panchayat Samiti

Meeting of Panchayat Samiti

Defect or irregularity not to vitiate p roceedinas of

Panchayat Samiti

Executive Powers of Panchayat Samitis Functions and duties of Panchayat S amiti

Entrustment of functions fo Panchay at Samitis

Relationship of Panchayat Samiti with Gram Panchayats

Powers of Panchayat Samiti to make

bye-laws.

83.

o e (is r

THE PUNJAB PANCHAYAT! RAJ ACT,

1994

40,

At.

42.

43.

Penalty for infringe.nent of bye-laws Penalty for disobedience orders of Panc hayat Samiti

Compensation for damage

Penalty for obstructions

Prosecution

Payment of compensation

Power to recover SUMS of money claimable by

Panchayat Samiti

Power of Panchayat Samiti to de legate

Joint work and undertakings Acquisition of land and other immov able property

Procedure when acquisition by agreement not possible

Standing Committees of Panchayat Samiti

Functions of General Standing Comm ittee of Panchayat

Samiti

Procedure of Standing Committees of Panchayat

Samitis

Power of Panchayat Samiti to acq uire hold and dispose

of property

Panchayat Samiti Fund

Vesting, custody and investment of Panchayat Samiti

Fund

Application of Panchayat Sam iti Fund

Minimum balance in Pancha yat Samiti Fund

Annual Estimates. of income and expenditure

Audit of Accounts of Panchay at Samitis

Inspection of Budget and Accounts of Panchayat

Samitis

Publicatien of abstract of accounts of Panchayat

Samitis

The Local Rate

Liability of local rate

Appropriation of the proceeds of local rate

Taxation measures by Panchayat Samitis

Procedure for imposing taxes under S ection 149

Power of Panchayat Samitis to raise loans

Expenses of Panchayat Samit! Recovery of rates, taxes etc Appointment of Executive Officer and his functions

Employment of Staff and Panchaya t Samitis

Punishment and dismissal of employ ees of Panchayat

Samitis

State Government employees to be placed at the

disposal of Panchayat Samiti s

400

100

101

102

103

104

105

106

107

108

109

¹⁰THE PUNJAB PANCHAYATI RAJ ACT, 1994 158. 159.

160.

161.

162.

163.

164.

165.

166

167.

168.

169.

170.

VFA.

172,

173.

174,

175.

176.

VT.

178.

178-A.

179.

180.

181.

182.

183.

184,

185.

186.

Government Employees Conduct Rules to apply to employees of Panchayat Samitis

Employees of Panchayat Samiti not to be concerned in contracts

Employees etc. to be public servants CHAPTER - Vil

CONSTITUTION OF ZILA PARISHADS AND

CONDUCT OF THEIR BUSINESS

Establishment of Zila Parishads Composition of Zila Parishad Determination of number of directly elected members of Zila Parishads

De-limitation of Territorial Constituencies of Zila Parishads

Reservation of seats of Zila Parishads Duration of Zila Parishads

Notification of election and oath of allegiance by Member of Zila Parishad

Election of Chairman and Vice-Chairman of Zila Parishad

Reservation of offices of Chairman and Vice-Chairman of Zila Parishads

Rotation of reserved seats and offices Allowances to the Chairman and Vice-Chairman and Members of Zila Parishads

Powers, functions and duties of the Chairman and Vice- Chairman of Zila Parishads.

Extraordinary powers of Chairman and Chief Executive Officer of Zila Parishad

Resignation of Chairman and Vice-Chairman of Zila Parishads

No-confidence motion aga nst Chairman and Vice- Chairman of Zila Parishad

Resignation of members of Zila Parishad Filling of casual vacancies

Dissolution of Zila Parishads

Dissolution of Zila Parishad in exceptional circumstances

Meetings of Zila Parishads

Functions of Zila Parishads

Duties and powers of Zila Parishad

Assignment of functions of Zila Parishad Power of Zila Parishad delegate

Standing Committee of Zila Parishads

Functions of the Standing Committees of Zila Parishad Procedure of Standi.1q Committees of Zila Parishads

10 9 110 110 110 111 1171 112 112 113 113 113 114 114 114 115 115 116 117 117 118 118 118 123 125 125 125 126 127 e r —

199.

200.

201.

202.

203.

204

205

206.

207

208.

209

210

211.

212.

213

214.

215.

216.

217.

218.

219.

220

THE PUNJAB PANCHAYATI

RAJ ACT, 1994

Power of Zila Parishads to acquire, hold

property

Zila Parishad Fund Taxation measure by Zila Parishads Financial arrangement by Zila Parishads

Recovery of rates, taxes etc Budget of Zila Parishad

Account of Zila Parishads Audit of Accounts of Zila Parishads Chief Executive Officer and Officers of Zila Parishads

Staff of the Zila Parishad Functions of Chief Executive Officer of Zila Parishad

Recovery of money by Chief Executive Officer of Zila Parishad SS

and dispose of

CHAPTER — Vill

CONTROL AND SUPERVISION

Power to cancel or suspend r esolutions of Panchayat Default of duties by the Pa nchayats

Power to call for proceedin gs of Panchayat

Emergency powers of the Stale Government

Access to or seizure of record of Panchayats

Power to issue directions Inquiry into affairs of Pancha yats

Right of State Government O fficers to attend meetings of Panchayats

General powers of State Gove rnment and

Commissioners

CHAPTER - IX

MISCELLANEOUS

Disqualification for Member ship

Power of State Governmen t to direct holding of general

elections

Election Commission to conduct Panchayat electi on

Continuation of existing P anchayats

Existing institutions to co ntinue till new institutions are

established _

a Election to be held wit hin six months where Pa nchayat

is not functioning

District Planning Committee s

Disputes between Pancha yats and other bodies Liability of members of Panc hayats

Right of appeal of employe es

Protection of action in g od faith Authentication of orders etc.

ut hEncalo)

Relation of Panchayat wi th police

128

129

130

430

130

134

131

132

133

135

435

136

142

442

142

143

145

146

12 THE PUNJAS PANCHAYATI RAJ ACT, 1994

271. Delegation of powers

146

222, Over-riding effect_on other laws 146

223. Power to remove difficulties 146 224, Panchayats to be local authorities 147

225 Power of Panchayats to make requlations 147

226. Power of State Government to make model requlations 147

227. Power to make Rules 147 _ 228 Repeal and Savings

149

SCHEDULES | TO Ill & NOTIFICATIONS 449-157

THE PUNJAB PANCHAYATI RAJ

ACT, 1994

(Punjab Act 9 of 1994) Notification

The 21st April, 1994 No. 9-Leg/94 — The Following Act of the Legislature of The State of Punjab received the assent of the President of India on 20th April, 1994, and is

hereby published for general information: -

An Act to replace the Punjab Gram Panchayat Act, 1952, relating to

Gram Panchayats, and the Punjab Panchayat Samitis

and Zila Parishads

Act, 1961, relating to the Panchayat Samitis and Zila Par ishads by a

comprehensive new enactment,

Whereas it is expedient to replace the present enactments by a comprehensive new enactment to establish a three-tier Pa nchayati Raj

system in the State of Punjab with elected bodies at the village, Block and District levels, in keeping with the provisions of the Constitution (Seven ty-

third Amendment) Act, 1992 for greater participation of the people and

more effective implementation of rural development and Panch ayati Raj

system.

Be it enacted by the State Legislature of the State of Punjab i n the

forty-fifth year of the Republic of India as follows: -

4. Short title, extent and commencement. (1) This Act may be called

the Punjab Panchayati Raj Act, 1994.

(2) It extends to the whole of the State of Punjab.

(3) It shall come into force on such date as the State Government ma y,

by notification, in the Official Gazette appoint. — Comments

Constructing a Statute — While constructing a Statute, the court shall presume

that the Legislature knows the existing law and does not intend to aller it except by

THE PUNJAB PANCHAYATI RAJ ACT, 1994 13

express enaciment -- The court cannot proceed upon the assumption that the legislature has made a mistake, because, there is a strong presumption that the Legislature does not make mistakes -- IL is also well established that a Statute ought to be so construed that if it can be prevented no clause, sentence or word is rendered superfluous, void or insignificant unless the retention of such words or giving effect ta them leads to absurdity. Som Lal v. Vijay Laxmi etc., 2005(1) LA.R. 376 (P&H D B.). Interpretation of Statute -- Where the language of a Statule is unambiguous, ordinarily the preamble may not be resorted to explain its provisions -- However, the preamble is also an admissible aid to a Statute's construction especially, to find out as to what particular instances, the enactment is intended to apply -- Similarly, the Statement of Objects and Reasons appended to a Bill can also be referred to for the purpose of understanding the background and the antecedents, state of affairs leading upto the legislation -- Tille of a statute is also an important part of the Act and may be referred to for the purpose of ascertaining its general scope and of throwing light on its construction, although it cannot over-ride the clear meaning of the enactment. Som Lal

v. Vijay Laxmi ete., 2006(1) L.A.R. 376 (P&H D.B.). Interpretation of statute -- Words of an enactment are to be given their ordinary, popular and natural meaning -- If such meaning is clear and unambiguous, the effect should be given to a provision of a statute in the same manner whatever may be the consequences -- If the language of a statute is clear, the only duly of the Court is to give effect to it and the Court has no business to look into the consequences of such interpretation -- Court is under an obligation to expound the law as it exists and leave the remedy to the legislature, even if harsh conclusions result from such exposition -- Equally, it is now well recognized proposition of law that mandatory provisions and command of law have to be complied with in the same manner as envisaged and mandated by any statute and it cannot be interpreted otherwise. Sukhwinder Kaur v. State of Punjab and others, 2011(3) L.A.R, 279 (P&H)

Preamble -— Where the language of a Statute is unambiguous, ordinanly the preamble may not be resorted to explain its provisions —- However, the preamble is also an admissible aid to a Statute's construction especially, to find oul as to what particular instances, the enactment is intended to apply -- Similarly, the Statement of Objects and Reasons appended to a Bill can also be referred to for the purpose of understanding the background and the antecedents, state of affairs leading upto the legislation -- Title of a statute is also an important part of the Act and may be referred to for the purpose of ascertaining its general scope and of throwing light on its construction, although it cannot over-ride the clear meaning of the enactment. Som Lal v. Vijay Laxmi etc. 2006(1) L.A.R. 376 (P&H D.B.).

Principle of Harmonious construction -- Provisions of one Statute cannot be used to defeat provisions of the other Statute unless the court finds it impossible to effect reconciliation between the two sets of provisions -- Principle of "harmonious construction" requires that two conflicting provisions, which cannot be reconciled wath each other, should be so interpreted that, if possible, effect is given te both -- However, this principle cannot be stretched to render one of the provisions obscure or redundant. Som Lal v. Vijay Laxmi etc., 2006(1) L.A.R, 376 (P&H D.B.).

Punjab State Election Commission Act, 4994 (19 of 1994), Section 1 — Nature of legislation -- Act No.9 of 1994 came into force in terms of Constitution (73rd Amendment) Act, 1992, replacing Punjab Gram Panchayat Act, 1952, to establish a three tier Panchayati Raj System in the State of Punjab -- Act No.9 came into force wef. 21.4.1994, whereas Act No.19 of 1994 came into force w.e.f. 7.9.1994 -- As per Act No.19, State Election Commission has a power of superintendence, direction and control of the preparation of electoral rolls and ta conduct all elections to the Panchayats and Municipalities in the State of Punjab -- Act No.19 is a complete Co de in

itself providing for guidance in almast all contingencies, it provides the reliefs under Section 87 — U/s 87, Election Tribunal has the power lo declare the election of any

14 THE PUNJAB PANCHA

YAT RAJ ACT, 1994

Panch or Sarpanch illegal afier conclusio n of the trial of election petition. Surjit S ingh v

Presiding Officer and others, 2010(2) L.A.R 691 (P&H) CHAPTER - |

PRELIMINARY

2. Definitions.-- |n this Act, unless the context othenvise requires, -

(a) "annual value" means —

(i) double the land revenue for the time being assessed on any land, whether the assessment is lev iable or not, or

(ii) where the land has been per manently assessed, or has been wholly or in part compounded for or redeemed, double the amount which, but for such perm anent assessment,

composition or redemption, would have been leviable; or

(iii) where no land revenue has been assessed, double the amount which would have been a ssessed if the average village rate had been applied:

Provided that, in any tract in which, under the settlement for the time being in force, the improvement of the land due to canal

irrigation has been excluded from a ccount in assessing the

land revenue and a rate has been i mposed in respect of such

improvement, that rate shall be ad ded to the land revenue for the purpose of computing the annual value;

(b) "Backward Classes" means such classes of citizens as may b e

notified by the State Government f rom time to time;

State Government by notification, to be a Block:

{d) "Block Development and Pan chayat Officer" means the Block Development and Panchayat O fficer and includes any other officer appointed by the State Gov ernment to perform all or any of the functions of the Block Devel opment and Panchayat Officer under this Act;

(e) "business" includes any trade, commerce or manufacture or an adventure or concern in the nature of trade, commerce o r

manufacture;

(f) = "building" means any shop, house, hut, out-house, shed or st able,

whether used for the purpose of human habitation or otherwis e

and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes 4 wall and a well,

(g) "bye-laws" means bye-laws m ade by @ Gram Panchayat, or a Panchayat Samiti or a Zila Parishad u nder this Act.

«a

(* (h) (i) Gi) (k) (!) (m) (n)

(0)

(p) (q) (r) (s) (t) (u)

THE PUNJAB PANCHAYATI RAJ ACT, 1994

"Chairman or Vice-Chairman" means the Chairman or the Vice- Chairman of a Panchayat Samiti or a Zila Parishad, as the case

may be;

"Chief Executive Officer' means Chief Executive Officer of a Zila

Parishad appointed under this Act,

"Collector" means the Collector of a district and incl udes any

officer not below the rank of a District Developme nt and

Panchayat Officer specially appointed by the State Gov ernment to

perform the functions of a Collector under this Act:

"Commissioner" means the Divisional Commissioner or such

other officer as may be appointed by the State Govern ment to

exercise the powers of a Commissioner under this Act:

"Common land" means land which is not in the ex clusive use of

any individual and has by usage, custom or prescrip tion been

reserved for the common purposes of village commun ity or has

been acquired for such purposes,

"casual vacancy" means a vacancy occurring otherwise than by

efflux of time:

"Deputy Chief Executive Officer" means an officer not below the

rank of District Development and Panchayat Office r to be

appointed under this Act as such for a Zila Parishad;

"Deputy Commissioner means the Deputy Commissio ner of a

district and includes any officer not below the rank of an Extra

Assistant Commissioner specially appointed by the State

Government to perform the functions of a Depu ty Commissioner

under this Act,

"Deputy Director" means an Officer appointed by the State

Government to perform the functions of a Depu ty Director under

the Act,

"Director" means the Director of Panchayats appo inted under this

Act and includes any officer not below the rank of Deputy Director

appointed by the State Government to perform th e functions of

the Director;

"District" means a revenue District in the State,

"District Development and Panchayat Officer" means a District

Development and Panchayat Officer and inclu des an officer

appointed by the State Government to perform the functions of a

District Development and Panchayat Officer under t his Act:

"Election Commission" means the Election Commission

constituted under Article 243-K of the Const itution of India for the

State of Punjab:

"Erection or Re-erection or Enlargement' of any building includes-

(i) any material alteration or enlargement of any building,

16 THE PUN

JAB PANCHAYATI RAJ ACT, 1994

(v)

(w)

(x)

(y)

(2)

(ii) the conversion, by structural alteration, into a place of human

habitation of any building not originally constructed for human habitation;

(ii) the conversion of two or more places of human habitat ion

into a lesser number of such places;

(iv) the conversion of one or more places of human habitation

into a greater number of such places;

(v) such alteration of a building as would effect a change in the

drainage or sanitary arrangements or materially affect its

security:

(vi) the addition of any rooms, buildings, out-houses or their

structures to any building:

(vii) the conversion, by any structural alteration, into a place of

religious worship or into a building used for a sacred pu rpose

of any place or building not originally meant or constr ucted

for such purpose:

(viiil)roofing or covering an open space between walls or

buildings, in respect of the structure which is formed by

roofing or covering sucii space,

(ix) conversion into a stall, shop, warehouse or god own of any

building not originally constructed for use as su ch or vice

versa;

(x) construction of a door in a wall adjoining any street or land

not vested in the owner of the wall and opening on such

street or land,

"Executive Officer' means an Executive Officer of a Panchayat

Samiti constituted under this Act:

"existing law" means the Punjab Gram Panchayat Act, 1952

(Punjab Act 4 of 1953) or the Punjab Panchayat Samitis and Zila

Parishad Act, 1961 (Punjab Act 3 of 1961) as the ca se may be;

"Factory" means besides a factory as defined in t he Factories Act.

1948 (Central Act 13 of 1948) and any premi ses including any

premises where in any industrial manufacturing or trade process

is carried on with the aid of stream, water, oil, gas, electrical or

=ny other form of power which is mechanically transmitted and is

not generated by human or animal agency;

"Gram Sabha" means a body consisting of p ersons registered as

voters in the electoral rolls of the area of the Gra m Panchayat,

Gorrstifuted under Section 3 of this Act;

"Gram Sabha area" means territorial area of a G ram Sabha;

(za) "Gram Panchayat" means an institution of self-government for a

Gram Sabha area constituted under Section 9;

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 17 (zb) "land" means land assessed to land revenue and includes land whereof the land revenue has been wholly or in part released, compounded for, redeemed or assigned,

(zc) "land-holder' means any person responsible for the payment of the land revenue, if any, assessed on land and includes the proprietor of land, the land revenue of which has been wholly, or in part released, compounded for redeemed or assigned; (zd) "latrine" includes a privy, water-closet and urinal; (ze) "local authority" includes a Municipal Corporation, Municipal Committee, Zila Parishad, Panchayat Samiti, Gram Panchayat, Sanitary Board, Town Board, Notified Area Committee, Improvement Trust, Urban Development Authority and Planning Authority constituted under this Act of under any law for the time being in force;

(zf) "market" means a place for the sale of goods or animals pu blically

exposed where ordinarily or periodically at least four shops, stalls or sheds are set up or where at least ten animals are broug ht for

sale;

(zg) "member" means a member of a Gram Panchayat, a Pancha yat

Samiti or Zila Parishad and includes Sarpanch of a Gr am

Panchayat and Chairman and Vice-Chairman of Panchayat Samiti or Zila Parishad;

(zh) "occupier" means any person in actual possession of any land or

building or part thereof and includes an owner in actual possession and the tenant or licensee whether such tenant or

licensee is liable to pay rent or not;

(zi) "Panch" means a member of the Gram Panchayat ele cted under

this Act and includes a Sarpanch,

(zj) "Panchayat" means a Gram Panchayat, Panchayat Sam iti and

Zila Parishad constituted under this Act;

(zk) "Panchayat area" means the territorial area of a Pancha yat or

Panchayat Samiti or Zila Parishad;

(zl) "Panchayat Samiti" means a Panchayat Samiti constitute d for a

| Block under this Act;

(zm) "Panchayat Secretary" means the Secretary

of the Gram

1% Panchayat appointed under this Act,

(zn) "population" means '[the rural population as] ascertaine d at the

last preceding census of which the relevant f

igures have been

published;

(zo) "prescribed" means prescribed by rules made under thi s Act;

(zp) "public nuisance" includes any act, omission, place or thing which

causes or is likely to cause injury, danger, annoya nce or offence

1. Substituted for the words "the population as" vide Punjab Act No. 15 of 1998.

18 THE PUNJAB PANCHAYATI RAJ ACT, 1994

to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to the health or property of the public or of the people in general, who dwell in the vicinity or of persons who may have occasion to exercise a public right,

(zq) "public place" means any place, building or structure situated within a Panchayat area to which the public has free access:

(zr) "public servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860 and shall include a Panch and a Sarpanch or member of a Panchayat Samiti or a member of a Zila Parishad;

(zs) "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 side of any verandah or other superstructure,

1 "Sarpanch" means a Sarpanch of a Gram Panchayat elected under section 10 of this Act:]

\ (zu) "Schedule" means a Scheduled appended to this Act:

| (zv) "Schedule Caste" means the Scheduled Caste specified i n

| respect of the State of Punjab in the Constitution (Scheduled Caste) Order, 1950 for the time being in farce;

(zw)"Social Education and Panchayat Officer" means Social Education and Panchayat Officer and- includes an officer \ appointed by the State Government to perform the functions ofa

Social Education and Panchayat Officer under this Act, (zx) "Standing Committee" means a Standing Committee constituted | for a Gram Panchayat, a Panchayat Samiti or a Zila Par ishad

| under this Act;

| (zy) "Sub-Division Officer' means the officer-in-charge of a Sub- Division of a District constituted for revenue and general | purposes;

} (zz) "tax" includes a cess, duty fee rate, toll or oth er impost leviable

under this Act;

| (zza) "Village" means any local area, recorded as a rev enue estate in

| the revenue records of the district in which it is situ ated,

(zzb) "Village level functionary" in relation to a Gram Sabha area means any person performing his official duties in that Gram

1. Substituted by Punjab Act No. 4 of 2012, prior to substitution clause (zt) was read as u nder:

*(zt) "Sarpanch" means Sarpanch of the Gram Panchayat elected under [section 13-A] of t he this

Act" (wef, 21.5.2012)

THE PUNJAB PANCHAYATI RAJ ACT. 1994

Sabha area and includes Patwari, School Teacher, Secretary of a

Co-operative Society, and Forest Guard; (zzc) "Watercourse" means any channel wh ich is maintained at the

cost of imgators and is supplied with water from any canal to

which either the Northern India Canal and Drainage Act. 1873 or

the Punjab Minor Canals Act. 4905 or any other A ct for the time

being in force applies and includes all subsidi ary works connected

with such channel except the sluice or outlet t hrough which water

is supplied to such channel;

(zzd) "Zila Parishad" means a Zila Parishad of a district constituted

under this Act;

(zze) the expressions "offence", "non-bailable offence', "cognizable

offence", "complaint", "officer-in-charge of a police station" and

"police station" have the same meanings as in section 2 of the

Code of Criminal Procedure, 1973, (zzf) the expressions "decree-holder',

"judgment-debtor', "legal representative" and "movable property" h ave the same meanings

} as in section 2 of the Code of Civil Procedure, 1908;

(zzg) the expressions 'landowner', "tenant"

and "land revenue" have

the same meanings as in the Punjab Land R evenue Act, 1887;

(zzh) words the expression used but not de fined in this Act shall have

the meanings assigned to them in the law for the time being in

force relating to the Gram Panchayats, Municipalities, District

Boards and Market Committees.

CHAPTER - Il

GRAM SABHAS AND GRAM

PANCHAYATS

3. Establishment of Gram Sabha areas.-- (1) The State Government may, by notification, declare a ny village or group of

contiguous villages with a population of not less th an '[three hundred] to

constitute a Gram Sabha area:

E * Provided that a new G

ram Sabha area may be constituted f

or any

| village or group of contiguou

s villages in respect of a separate disti nct

7 ' .

A 2

L abadi or group of abadis having a population of not less than "[three hundred] taking into consideration its physical distance from the main

village or villages, as the case may be and o ther relevant facts:

1. Substituted by Punjab Act No. 4 of 2012 , for the words "two hundred". (w.ef. 21

5.2012)

2. Substituted by Punjab Act No. 4 of 2012, fo r the words "two hundred". (wef. 215.2012)

70 THE PUNJAB PANCHA

YAT! RAJ ACT, 1994 '(Provided further that a Gram Sabha consti tuted prior to the

commencement of the Punjab Panchayati Raj (Amendment) Act, 2012,

with a population of less than three hundre d shall not be affected.)

Provided further that neither the whole nor a ny part of -

(a) a Notified Area under Section 2 41 of the Punjab Municipal Act, 1911, or any other Act for the time being in force, or

(b) a Cantonment, or

(d) a Municipal Corporation, shall be included in a Gram Sabha ar ea unless the majority of voters in an y

Notified Area or Municipality of the Thir d Class desire the establishment of a Gram Sabha in which case the assets a nd liabilities, if any, of the Notified Area Committee or the Municipal Com mittee, as the case may be, shall vest in the Gram Panchayat of that Gra m Sabha and the Notified Area Committee or the Municipal Committee shall cease to exist.

(2) That State Government may, by noti fication, include any area in or exclude any area from the Gram Sabh a area.

(3) (i) Where any area excluded from a ny Gram Sabha area under sub- section (2) is either included in an y other Gram Sabha area or is constituted into a new Gram Sabha area, the assets and liabilities of the Gram Panchayat of the Gram Sabha area from which such area is so excluded (hereinafter referred to as the existing Gram Panchayat) shall be apportioned between the successor Gr am Panchayats in the manner

specified hereinafter.

(ii) All lands and all stores, articles a nd other goods belonging to the existing Gram Panchayat shall, -

(a) if within the Gram Sabha area of that Gram Panchayat pass on to the successor Gram Panchayat in w hose Gram Sabha area they are situated;

(b) if outside the Gram Sabha ar ea of that Gram Panchayat be apportioned between the successor Gram Panchayats according to population ratio;

(iii) The Gram Fund, Sank Balances, gr ants received from the State Government from time to time shall be apportioned between the successor Gram Panchayats according to the popula tion ratio:

Provided that a grant given by t he State Government for the development of an area which forms par t of the Gram Sabha area of any of the successor Gram Panchayats shall be transferred to that successor Gram Panchayat.

(iv) The right to recover arrears of any tax on property shall belong to the successor Gram Panchayat in w hose Gram Sabha area the propert y is

situated and the right to recover any other tax imposed by the existing —

4 Inserted by Punjab Act No. 4 of 2012. (wef. 2

1.65.2012)

—

THE PUNJAB PANCHAYATI RAJ ACT, 1994 71

Gram Panchayat shall belong to the successor Gram Panchayat in whose Gram Sabha area the place of assessment of that tax is situated.

(v) Where before the date of exclusion of Gram Sabha area the existing Gram Panchayat has made any contract for the purposes of that Gram Panchayat, that contract shall be deemed to have been made-

(a) if the purposes of the contract are on and from the day of exclusion of the Gram €abha area, exclusively purposes of any one of the successor Gram Panchayat, by that successor Gram Panchayat; and

(b) if the purposes of the contract are on and from that day not exclusively purposes of any one of the successor Gram Panchayats, by all the Gram Panchayats;

and the rights and liabilities which have accrued or may accrue, under any such contract, shall to the extent to which they would have been the rights and liabilities of the existing Gram Panchayats, be the rights and liabilities of the successor Gram Panchayat, or, as the case may be, the successor Gram Panchayats according to their population ratio.

(vi) Where the existing Gram Panchayat is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this section, the successor Gram Panchayat which succeeds to, or acquire a share, in that property or those rights or liabilities, shall he deemed to be substituted or added as a party to those proceedings, and the proceedings may continue accordingly.

(vii) The benefit or burden of any assets and liabilities of the existing Gram Panchayat, not dealt with in the forgoing provisions of section shall, pass on to the successor Gram Panchayats in the manner agreed upon between them and in case no such agreement within a period of one year from the date of exclusion of the Gram Sabha area the State Government shall be competent to determine the same at the request of either of the Gram Panchayats.

(4) If whole of the Gram Sabha area is included in an urban estate to which the provisions of the Punjab Municipal Act, 1911 or the Punjab, Municipal Corporation Act, 1976, are applicable or in a city, municipality cantonment, or Notified Area under any law for the time being in force, the Gram Sabha and the Gram Panchayat for that area shall cease to exist and the assets and liabilities of the Gram Panchayat shall be disposed of in the prescribed manner.

Comments

Making of Declaration — Determining the Territorial area of Gram Sabha and thereafter establishing a Gram Sabha for thal area is an act legislative in character in the context of the provisions of the Act — Such declaration became operative at once -- State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2002(1) Apex Court Judgments 149 (SC) = AIR 2002 SC 533.

New Gram Sabha area — Creation of -- Residents of separate abadi moved the representation, in which, it was mentioned that their abadi/basti is one and haif kilometer away from the main village and as per census of 1991, the population of Basti

79 THE PUNJAB

PANCHAYATI RAJ ACT, 1994

is about 225 -- No developm ent work has been done in the Basti for the last six o r

seven years and they are very painful -- They unanimously dec ided thal new Gram

Panchayat of Basti be established. so that development work could be made and alher

difficulty could be avoided — B .0.P.0. duly endorsed the view and ihe maller was

further examined at various levels by ihe Government -- Having co mpleted all the codal

formalities, the mew Sabha a rea was established in accor dance with the provisions of the Act -— Held, declaration of con stituting a new Gram Sabha area as contemplated uls

3 of the Act is general in cha racter and based on subjectiv e satisfaction of the

Government - Creation of n ew Gram Sabha is within

the legislative

competence/domain of the Gov ernment and such action cann ot be assailed on

extraneous grounds in a routin e manner, unless the same is constitutionally invalid and illegal or against any statutory prov isions of the law. Gulzar Singh and another v. Stale

of Punjab and others, 2011(3) L-A .R. 308 (P&H).

Notification — Notification under s ection 3 and 4 can be issued simu ltaneously --

State of Punjab V/s Tehal Si ngh 2002 (2) PLR a47(SC) = 2002(1) Apex Court

Judgments 149 (SC) = AIR 2002

SC 533.

Opportunity of Hearing -— Resi dents of the area cannot insist for giving an

opportunity of hearing before the area where they are residing i s included in another

area -- State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2 002(1) Apex Court

Judgments 149 (SC) = AIR 2002 S

C 533.

Principle of Natural Justice = Whe re a house of a particular resident of an area

is sought to be excluded from the existing Gram Sabha and included in another Gram

Sabha — There the action of the G overnment being directed against an individual, the

Government is required to observe pnnciples of natural justice — For th e aforesaid

reasons, we are of the view that no opportunity of hearing was re quired to be given

before making declarations eit her under Section 3 or Section 4 of the Act by the

Government -- State of Punjab V /s Tehal Singh 2002 (2) PLR 34 7(SC) = 2002(1) Apex

Court Judgments 149 (SC) = AIR 20

02 SC 533.

4. Constitution of Gram Sabhas. -- (1) The State Government may, by

notification establish a Gram Sabha by name for every area declared as

Gram Sabha area under section 3

(2) Every person who Is entered as voter on the electoral roll pre pared

by the State Election Commissio n and for the time being in for ce pertaining

to the area of a Gram Sabha, shall be member of the Gram Sabha. Comments

Making of Declaration — Determi ning the Territorial area of Gram Sabha and

thereafter establishing a Gram Sa bha for that area is an act legisla tive in character in

the context of the provisions of th e Act — Such declaration became operative at once --

State of Punjab V/s Tehal Sing h 2002 (2) PLR 347(5C) = 20 02(1) Apex Court

Judgments 149 (SC) = AIR 2002 SC 5

33.

New Gram Sabha area - Creati on of -- Residents of separate a badi moved the

representation, in which, it was m entioned that their abadi/basti is one and half

kilometer away from the main villa ge and as per census of 1991, the population of Basti

is about 225 -- No development wo rk has been done in the Basti for the last six of

seven years ard they aré very painful ~ They unanimously decided that n ew Gram

Panchayat of Basti be established, so that development work could be made and other

difficully could be avoided - B.D P.O

. duly endorsed the view and the mater was

further examined al vanous levels by the Government — Having comp leted all the codal

formalities, the new Sabha area w as established in accordance with the provisions of

ihe Act - Held, declaration of cons tituting a new Gram Sabha area as contemplated u/s

3. of the Act is general in characte r and based on subjective satisfa ction of the

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 +3,

Government -- Creation of new Gram Sabha is wit hin the legislatwe

competence/damain of ihe Government and such action ca nnot be assailed on

extraneous grounds in a routine manner, unless the same Is constitutionally in valid and

illegal or against any statutory provisions of the law. Gulzar Singh and another v. State

of Punjab and others, 2011(3) LA.R. 308 (P&H).

Notification — Nolification under section 3 and 4 can be issued si multaneously --

State of Punjab V/s Tehal Singh 2002 (2) PLR 3

47(SC) = 2002(1) Apex Court

Judgments 149 (SC) = AIR 2002 SC 533.

Opportunity of Hearing -- Residents of the area can

not insist for giving an

opportunity of hearing before the area where they are residi ng is included in another

area -- State of Punjab V/s Tehal Singh 2002 (2) PLR 3 47(SC) = 2002(1) Apex Court

Judgments 149 (SC) = AIR 2002 SC 533

§. Meeting and quorum of Gram Sabha.-- (1) Every

Gram Sabha shall

hold two general meetings in each year, one in the month o f December

after the harvesting of the Sawni Crop (hereina

fter called the Sawni

meeting) and the other in the month of June after the harv esting of the Hari

crop (hereinafter called the Hari meeting) on such date as may be fixed by

the Sarpanch.

(2) In the event of his failing to hold two consecutive g eneral meetings

of the Gram Sabha, the Sarpanch shall automatically cease to hold office,

from the last day of the month in which, the second meeting was to be held

and Block Development and Panchayat Officer shall i mmediately intimate

the happening of such cessation to the Distric t Development and

Panchayat Officer and on receipt of such information the District

Development and Panchayat Officer shall notify this fa ct to the Panchayat

Samiti, Gram Sabha and such a Sarpanch.

(3) The Director may reinstate such a Sarpan ch on his showing

sufficient cause of his default to hold two consecut ive meetings within a

period of thirty days from the date of the notification of his cessation as

Sarpanch under sub-section (2). :

(4) The Sarpanch should at any time, and where a requ isition in writing

of the Panchayat Samiti or of not less than one-fifth of the total number of

members of the Gram Sabha has been received by him shall within thirty

days form the receipt of such requisition, call an extra ordinary general

meeting of the Gram Sabha.

(5) If a general meeting or an extraordinary gener al meeting is not

called as required by sub-sections (1) and (4), th e Executive Officer of the

Panchayat Samiti shall call such a meeting,

(6) For any meeting of the Gram Sabha, one-fi fth of the total number

of its members shall form a quorum:

Provided that in the case of an adjourned meeting th e quorum shall be

one-tenth and the provisions of this sub-sectio n shall not apply to any other

meeting of the Gram Sabha held due to adjournment for want of

knowledge.

(7) The Secretary of the Gram Panchayat and the Gr am Sewak shall

attend every general meeting of the Gram Sabha and in addition thereto

24 THE PUNJAB PANCHAYAT! RAJ

ACT, 1994

the Gram Panchayat may call any village fu nctionary serving in Gram

Sabha area to attend such a meeting and tender advice in respect of any

matter coming up before it.

6. Presiding Officer.-- Every meeting of the Gram Sabha shall be presided

over by the Sarpanch of the Gram Panchayat and in his absence by any

Panch to be elected at the time of the meeting.

7. Budget and annual report of Gram Sab ha.-- The Gram Panchayat

shall prepare and lay for approval before the G ram Sabha-

(i) at its Sawni meeting a budget e stimates of its income and expenditure and a plan of development pr ogramme for the year

commencing on the first day of April, next follo wing; and

(ii) at its Hari meeting an annual sta tement of account and an annual report of progress of preceding financial ye ar and development

programme proposed to be undertaken durin g the current year:

Provided that if a Gram Panchayat fails to pr esent its budget or plan of

development programme in the meeting to be held in December

the Panchayat Samiti shall prepare the b udget and the said plan

for such Gram Panchayat and present the same before an

extraordinary general meeting of the Gram S abha specially called

for this purpose and the Gram Sabha shall c onsider the budget

and the plan so prepared and presented.

8. Resolution of majority votes.-- Any reso lution relating to the matters entrusted to the Gram Sabha under this Act, s hall have to be passed by a

majority of votes of the members present a nd voting in the meeting of the

Gram Sabha.

9. Functions of Gram Sabha.- The Gra m Sabha shall perform the follawing functions, namely: -

(a) to approve annual budget and plan of development programme

and review annual statement of accounts and annual progress

report;

(b) to render assistance in the impleme ntation of development

schemes pertaining to the village;

schemes pertaining to the village:

Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time, the Gram Panchayat shall identify the

beneficiaries;

(d) to mobilise voluntary labour and contribut ions in kind or cash or

both for the community welfare programmes,

i* — * 4 THE PUNJAB PANCHAYAT! RAJ ACT, 1994 75

(e) to promote proyramme of adult education and family welfare within the village;

(f) to promote unity and harmony among all sections of society in the village;

(g) to seek clarifications from the Sarpanch and Panches of the Gram Panchayat about any particular activity, scheme, income and expenditure; and

(h) to perform such other functions as may be prescribed. Comments

Sarpanch — Re-instatement of -- Once a person was reinstated an the post of Sarpanch, then the petitioner, who was a Panch, temporarily authorized to act as Sarpanch, has got no right, title or interest to act as Sarpanch. Mohinder Singh v. State of Punjab and others, 2012(1) LAR. 59 (P&H).

is Scesicilin of Gram Panchayat.— '[(1) Every Gram Sabha_shall elect from amongst its members a Gram Panchayat for the Gram Sabha area bearing the name of its Gram Sabha.

(1-4) A Gram Panchayat shall consist of a Sarpanch and such number of Panches as are indicated against each slab of population under sub- section (1-C).

(1-B) For the election of a Sarpanch, the Gram Sabha shall be a single member constituency.

(1-C) For the election of Panches, the Gram Sabha area shall be divided into such number of wards co-relating with the number of Panches, as are indicated below against each slab of population taking Gram Sabha area to be multi-members constituencies and such wards shall be geographically contiguous having same population, as far as possible, throughout the Giam Sabha area:--

Serial Population - Number of

Number Panches

(1) For population 300 up to 1,000 Five

(2) For population 1001 up to 2,000 Seven

(3) For population 2001 up to 5,000 Nine

(4) For population 5001 up to 10,000 Eleven

(5) For population exceeding 10001 Thirteen:

Provided that for election of Panches in respect of a Gram Panchayat of a Gram Sabha area constituted prior to the commencement of the Punjab Panchayati Raj (Amendment)Act, 2012, with a population of less than three hundred, the number of Parches as determined prior to the commencement of the said Act shall remain the same and such Gram

1. Substituted for Sub-section (1) by Punjab Act No 4 of 2012. (wef 21.5.2012)

^{i i} i

«! .

26 THE PUNJAB PANCHA

YATI RAJ ACT, 1994

Sabha area shall be divided into wards as per such number of Panches for the purposes of election to be a multi-members constituencies. |

(2) Every Gram Panchayat constituted under this sectio n shall be

notified by its name in the Official Gazette and it shall by the name so notified come into office with effect from the date of its first meeting at which quorum is present and be a body corporate having perpetu al

succession 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 and be sued.

Comments

Punjab State Legislative (Prevention of Disqualifications) Act, 1952 (7 of

4952), Section 2(a) -- Punjab State Election Commission Act, 1 994 (19 of 1994),

Section 11(g) — Lambardar — Office of profit — Election of Panc+ /Sarpanch --

Circular to the effect that Lambardar held "office of profit! and thus are ineligible to

contest — Held, a Lambardar is qualified to contest the elec tions for legislative

assembly, this could be a stepping stone for becoming the Chief Mi nister of the State --

Therefore, it would seem a litile incongruous that a Lambardar would not be permitted

to seek election to the Panchayat -- Village level democracy i s the bedrock of the Indian

National Democracy -- Held, disqualification introduced though the cir cular could prove

disastrous lo democracy at the grassroots level -- Office of a L ambardar would not be

an 'office of profit' -- Circular quashed. Anokh Singh v. Punjab S tate Election

Commission, 2010(2) L.A.R. 293 (SC).

Election of Panch = Challenge to -Filing of nomination paper — Non-

acceptance of -- Allegation of -- Writ jurisdiction — Election Commissioner in report

stated that there is no conclusive evidence to establish tha t petitioners reached the

office of Retuming Officer in order to file their nomination papers — Held, while

exercising jurisdiction under Article 226 of the Constitution o f India, High Court ordinarily

shall not examine disputed question of fact as to whether petitioner s reached in time to

filé nomination papers is a question of fact, it can be exami ned in an election petition.

Dalbir Kaur and others v. State of Punjab and others, 2

01 O(2) L.A.R. 407 (P&H) Punjab General Clauses Act, 1898 (1 of 1898), Sec tion 15, 17 — Suspension

Removal/Death of Sarpanch — Substitution of functionarie s -- Authorised Panch -

Power of -- All the dulies and functions to be performed by the of fice of the Sarpanch

shall also be performed by the authorised Panch having charge of the office of the

Sarpanch -- Every authorised Panch to officiate the office of Sar panch shall have same

powers for the period he remains in the office, which usually can be exercised by the

Sarpanch, Jeet Singh Panch v. State of Punjab and others, 2012(2) L.A.R. 252 (P&H). Punjab General Clauses Act, 4898 (1 of 1898), Section 15, 17 - Suspension!

Removal/Death of Sarpanch — Substitution of functionaries

-- Authorised Panch —

Power of -- Suspension of Sarpanch does not mean that en

tire development works of

the village shall not be allowed to proceed with -- Authonsed Panch can spend money

for the development work in the village as per valid resolut ion and prevailing law during

the period Sarpanch remains suspended or post of Sarpanch remain s unfilled due to

suspension, removal or death of elected Sarpanch. Jeet Singh Pa nch v, State of Punjab

and others, 2072(2) LAR. 252 (P&H).

THE PUNJAB PANCHAYATI RAJ ACT, 1994 17

'T10-A. Formulation of wards.-- (1) The Deputy Commissioner. by notification published in the Official Gazette, shall propose the formulation of wards of the Gram Sabha area to be multi-members constituencies as provided under sub-section (1-C) of section 10 and shall earmark each ward by assigning a separate serial number.

(2) The list of proposed wards shall be affixed on the Notice Board of the offices of the Block Development and Panchayat Officer, the District Development and Panchayat Officer and the Gram Panchayat concerned. In case of any objections or suggestions, a person registered as voter of the Gram Sabha area may submit the same, in writing, to the office of the Deputy Commissioner concerned within a period of seven days of displaying the list of the proposed wards: On receipt of ihe objections or siiggéstions, if any, the Deputy Commissioner shall hold summary enquiry and shall record his decision thereon within a period of thirty days from the date of receipt_of objections and su estions and the decision of the Deputy Commissioner thereupon shall be final.

(3) The Deputy Commissioner shall, within a period of ninety days from the date of his decision under sub-section (2), get published the final list of wards in the Official Gazette.".

Reservation of the seats for the offices of the Panches.-- (1) The offices of Panches shall be reserved for the Scheduled Castes (and Backward Classes) in such a way that the number of offices reserved for Scheduled Castes shall bear, as nearly as may be, the same proportion to the total number of offices (to be filled by direct election) in that Gram Panchayat, as the population of the Scheduled Castes to the total population in that Gram Sabha area.

(2) Not less than one-third of the total number of offices reserved a ed

sub-section (1) shall be reserved for women belonging to the Sched uled

Castes.

(3) Not less than one-third (including the number of offices res erved for

women belonging to the Scheduled Castes) of the total number of off ices

(to be filled by direct election) in every Gram Panchayat shall be reser ved

for women.

(4) One office of Panch shall be reserved for Backward Cla sses in a

Gram Panchayat where population of Backward Classes in the Gram

Sabha area is more than twenty per_cent of the total populati on of that

Gram Sabha area.

71(5) The Deputy Commissioner shall reserve the offices of Panches under this section for various categories by notification published in the

Official Gazette and such offices shall be allotted by rotation in the different wards formulated under sub-section (1-C) of section 10 at the time of every

1. Inseried by Punjab Act No. 4 of 2012. (wef 21 5.2012)

2. Added by Punjab Act No. 4 of 2012. (w.e.f.21.5.2012) &

28 THE PUNJAB PANCHAYATI RAJ ACT, 1994

general election and such rotation shall be made as per the roster maintained in the office of the Deputy Commissioner] Comments

Constitution of India, Article 243 -- Reservation of Sarpanch/Panch - Reservation to the posts of Sarpanch and Panches have to be notified as per the rural population ascertained at the last preceding census of which the relevant figures have been published — Last preceding census of 2001 is relevant - Reservation on the basis of population of the year 2008 is not only arbitrary but illegal as well. Sukhwinder Kaur

v. State of Punjab and others, 2011(3) L.A.R. 279 (P&H). Election of Panch — Reservation of Seats -- Category/reservation of seals of Panches already notified before elections, cannot possibly be subsequently changed after the completion of election process and declaration of the result. Kulwant Singh and another v. State of Punjab and others, 2012(1) L.A.R. 179 (P&H). Interpretation of statute -- Words of an enactment are to be given their ordinary, popular and natural meaning -- If such meaning is clear and unambiguous, the effect should be given to a provision of a statute in the same manner whatever may be the consequences -- If the language of a statute is clear, the only duly of the Court is fo give effect to it and the Court has no business to look into the consequences of such interpretation -- Court is under an obligation to expound the law as it exists and leave ihe remedy to the legislature, even if harsh conclusions result from such exposition -- Equally, it is now well recognized proposition of law that mandatory provisions and command of law have to be complied with in the same manner as envisaged and mandated by any statute and it cannot be interpreted otherwise. Sukhwinder Kaur v

State of Punjab and others. 2011(3) L.A.R. 279 (P&H) Punjab State Legislative (Prevention of Disqualifications) Act. 1952 (7 of 1952), Section 2(a) -- Punjab State Election Commission Act, 1994 (19 of

1994),

Section 11(g) — Lambardar — Office of profit - Election of PanchiSarpan ch —

Circular to the effect that Lambardar held "office of profit and thus are ineligible to

contest — Held, a Lambardar is qualified to contest the elections for legislative assembly, this could be a stepping stone for becoming the Chief Minister of the State --

Therefore, it would seem a little incongruous that a Lambardar would not be permitt ed

to seek election to the Panchayat -- Village level democracy is the bedrock of the Indian

National Democracy -- Held, disqualification introduced though the circular could prove

disastrous to democracy at the grassroots level -- Office of a Lambardar would not be an 'office of profit' -- Circular quashed. Anokh Singh v. Punjab State E lection

Cammission, 2010(2) LAR. 293 (SC)

Reservation - No reservation has been made for Schedule Caste Candidates — Election held pursuant to notification issued by government — Election Tribunal is mot

competent to go into the legality or illegality of the notification — Cannot held the election as a whole null and void by concluding thal election is held in violation of the rules — Punjab State Election Commission Act. 1994 (19 of 1994) Section 89 - Satbir Singh V is

Ajit Singh 2002 (2) PLR 463(P&H High Court) = 2002(2)RCR (Civil) 562 (P&H High

Court) = 2002(2) RCJ 521(P&H High Court)

Reservation for Scheduled Caste for Panch - Election - Challenge

to --

According to the figures of population collected by the State, there is not a single

scheduled caste or backward class resident in the village -- Prayer f or reservation of

posts for scheduled caste in Gram Panchayal 's misconceived — Election to the Gram

Sabha has already been held and this could have been question

ed only by way of

election petition and controversy raised in the writ petition is beyo nd the scope of writ

jurisdiction of the High Court. Karnail Singh v State of Punjab & others, 2010(

2) LAR.

409 (P&H)

THE PUNJAB PANCHAYATI RAJ ACT, 1994 ay Reservation for woman — Other seats - Status of — Held, reservation for women in all the categories shall be a honzontal reservation -- If women candidates, contesting the election, secured higher voles than the male candidates they would be declared elected under that category - Meaning thereby, if one seat is reserved for women Candidate in the general calegory and two women candidates contested the election and secured higher votes, then both the women should have been declared elected since there were 4 seats of Panches in General calegory - Likewise under scheduled castes category, two secured highest votes, hence, both of them should have been declared elected -- It cannot be said that in both the categories, only one- oné woman is to be elected and other female candidate despite of securing higher votes shall not be elected because other pasts shall be deemed having been reserved for the male category, Rajesh Kumar Daria's case (2007) 8 S.C.C. 785 relied. Jasbir Kaur and others v. State of Punjab and others, 2010(2) L.A-R. 685 (P&H). G2) Reservation of seats for the office of Sarpanch.-- (1) Offices of Sarpanch of Gram Panchayats in the district shall be reserved for Scheduled Castes and the number of such offices shall bear, as nearly as may, the same proportion to the total number of offices of Sarpanches in the district as the_population of Scheduled Castes in the district bears to "Whe total population of the district: _——

'[Provided that not less than one-third of the total number of offices of Sarpanch of Gram Panchayats in the district shall be reserved under sub- section (1) shall be reserved for women belonging to the Scheduled Castes.) >. _

(2) Not less than one-third of the total number of oifices of Sarpanches in the district shall be reserved for women including such offices, reserved for women belonging to Scheduled Castes under sub-section (1).

73) There shall be no reservation in the offices of Sarpanches for Backward Classes. oe ee

(4) The offices reserved under this section shall be allotted by rotation to the different "[Gram Panchayats at the time of every general election] in such manner as may be prescribed.

Explanation - For the removal of doubts it is hereby declared that the principle of rotation for the purpose of reservation of offices under sections 2 and 12 shall commence from the first election to be held after the commencement of this Act. Sg

Comments

Constitution of India, Article 243 -- Reservation of Sarpanch/Panch — Reservation to the posts of Sarpanch and Panches have to be notified as per the rural population ascertained at the last preceding census of which the relevant figures have been published — Last preceding census of 2001 is relevant — Reservation on the basis of population of the year 2008 is not only arbitrary but legal as well. Sukhwinder Kaur

v. State of Punjab and others, 201 1(3) LA.R. 279 (P&H) ees

1. Substituted vide Punjab Act 9 of 1998 wef 1.10.1997

2. Substituted for the words "Gram Panchayats" vide Punjab Act Mo.15 of 1998. am nnn

30 THE PUNJAB PANCHAYATI RAJ ACT, 1994

Election of Panch — Reservation of Seats -- Category/reservation of seals of

Panches already notified before elections, cannot possibly be subsequently changed

after the completion of election process and declaration of the result. Kulwant Singh and

another v. State of Punjab and others, 2012(1) LA.R. 179 (P&H). Election of Sarpanch -- Election petition — Requirement of -- El ection can only

be challenged by way of an Election Petition presented in accordance with the provision

of the Punjab State Election Commission Act, 1994 -- Election in questio n was set aside

by the Deputy Commissioner or the ground that election was held und er the threat of

some Panchayat members, which is also one of the grounds to prove corrupt practice --

However no election petition was filed and learned Deputy Commissioner h ad exercised

the jurisdiction of the Election Tribunal which can not be said to be legal. Jasvir Kaur

and others v. State of Punjab and others, 2011(1) LAR. 135 (P&H). interpretation of statute -- Wards of an enactment are to be given their ordinary, popular and natural meaning - If such meaning is clear and unambiguou s, the effect

should be given to a provision of a statute in the same manner what ever may be the

consequences -- If the language of a statute is clear, the only duty of the Court is to give

effect to it and the Court has no business to look into the co nsequences of such

interpretation -- Court is under an obligation to expound the law as it exists and leave

the remedy to the legislature, even if harsh conclusions result fr om such exposition -—

Equally, it is now well recognized proposition of law that mandatory provisions and

command of law have to be complied with in the same manner as envisaged and

mandated by any statute and it cannot be interpreted othe rwise. Sukhwinder Kaur v.

State of Punjab and others, 2011(3) LAR. 279 (P&H)

Punjab Panchayat Election Rules, 1994, Rule 45-A(8) [As am ended by

Punjab Election (Second Amendment) Rules, 2008, vide Not

ification dated

11.11.2008] — Reserved Category Sarpanch — Government am

ended the Rules and

done away with the requirement of proposer or seconder, particu larly in the election of

Sarpanch of the Panchayat by further introducing Rule 45-A a nd Schedule to the effect

that if there is only one candidate available for the office of Sarpanch of the reserved

category of Scheduled Caste or Scheduled Caste (Woman),

then he/she shall be

deemed to have been elected unopposed for the office

of Sarpanch - Held,

Government in exercise of its power conferred by Section 139 o f the Punjab State

Election Commission Act, 1994, have rightly amended the Rules in order to make the

reservation in the election of Sarpanches more effective and mean ingful, no illegality in

ihe same -- Sub-rule (8) of Rule 45-A of the Amended Rules is in consonance with

Section $4 of the Punjab Stale Election Commission Act. K irpal Singh v. State of

Punjab and others, 2009(2) L.A.R. 398 (P&H DB),

Punjab Reservation for the Office of Sarpanches of G

ram Panchayats,

Chairman and Vice Chairman of Panchayat Samities and Zila Parishads Rules,

1994, Rule 3(3) — Reservation — Cormgendum — Earlier seat was reserved for the post

of Sarpanch for Scheduled Caste (Woman) as reservation Was made district wise - By

issuing corrigendum seat was reserved for General categor y and said reservation was

made block wise — Deputy Commissioner has jurisdiction to change the reservation by

issuing corrigendum. Paramjit Kaur v, State of Punjab and others, 2008(2

) L.A.R. 363

(P&H DB). Punjab State Legislative (Prevention of Disqualifications) Act, 1952 (7 of

4952), Section 2(a) —- Punjab State Election Commission Act , 1994 (19 of 1994),

Section 11(g) — Lambardar - Office of profit - Election of Panch/Sarpanch --

Circular to the effect that Lambardar held "office of profit" and thus are ineligible to

contest — Held, a Lambardar is qualified to contest the election s for legislative

assembly, this could be a stepping stone for becoming the Chief Minister of the State --

Therefore, it would seem a little incongruous that a Lambardar would not be permitted

io seek election to the Panchayat -- Village level democracy is the bedrock of the Indian

National Democracy -- Held, disqualification introduced though the circul ar could prove

disastrous to democracy at the grassroots level -- Office of a Lambardar wou ld not be

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 31 an 'office of profit' -- Circular quashed. Anokh Singh v. Punjab State Election Commission, 2010(2) L.A.R. 293 (SC)

Reservation - A candidate was elected to the office of Panch against the reserved category of Scheduled Caste women -- Being a woman, she Is fully eligible to contest the election of Sarpanch. which is reserved for women. Sukhjit Kaur v. State of Punjab and others, 2008(2) L.A.R. 361 (P&H DB)

Reservation — A candidate who was elected as a Panch from the seat reserved for General (Woman), was fully eligible to contest the election for the office of Sarpanch, which was reserved for General Category. Rami Saini v. State of Punjab and olhers, 2008(2) L.A.R. 364 (P&H DB)

Reservation for Scheduled caste -- A woman belonging to Scheduled Caste. can contest the election for the post of Sarpanch, which is reserved for Scheduled Caste (Woman), irrespective of the fact that she was elected as Panch of the Gram Panchayat against the reserved seat of General Calegory. Gurmit Kaur v. State of Punjab and others, 2008(2) L.A.R. 387 (P&H DB)

Reservation for Scheduled Caste for Panch — Election — Challenge to -- According to the figures of population collected by the State, there is not a single scheduled caste or backward class resident in the village -- Prayer for reservation of posts for scheduled caste in Gram Panchayat is misconceived — Election to the Gram Sabha has already been held and this could have been questioned only by way of election petition and controversy raised in the writ petition is beyond the scope of writ jurisdiction of the High Court. Karnail Singh v, State of Punjab & others, 2010(2) L.A.R. 409 (P&H),

Reservation for the post of Sarpanch -- By corrigendum, one office reserved for Women has been substituted by the category of Scheduled Caste -- By this change, the number of reservation of the Women has been reduced from one-third of the total members. i.e.. fram 31 to 30 -- This change not only violates Section 12 of the Act read with Rule 3 of the Rules, but also clause(4) of Article 243D of the Constitution, of India -—- Changing the category fram Women to Scheduled Caste by the impugned corrigendum i$ not only illegal and violative but also wholly without jurisdiction. Savinder Kaur and others v. The State of Punjab and others, 2008(2) L.A.R. 262 (P&H DB). Reservation for the post of Sarpanch -- Offices of Sarmpanches of Gram Panchayats shall be reserved and operated as per the roster prepared by the Deputy Commissioner — Roster shall be prepared block-wise — No where it is provided that an office of Sarpanch of a village Gram Panchayal is to be reserved for a particular category where the population of that category is more in the village. Savinder Kaur and others v. The State of Punjab and others, 2008(2) L.A.R. 262 (P&H DB). Reservation of seat for Sarpanch — No one to seconded the name — Effect of - Power of Returning officer -- Government issued notification reserving the post of Sarpanch for Scheduled Caste (Women) — In the proceedings name of respondent was proposed and there was no one to second her name as required under Rule 45 of the Rules — Held. it does not empower the Returning Officer to allow a male candidate from General Category to contest for the post of Sarpanch reserved for Scheduled Caste (Women). Kuldip Singh Panch and others v. Kutwinder Kaur and others, 2010(2) LAR 136 (P&H)

Rotation of Reservation — Block wise reservation -- Block-wise rotalion is not contrary to Section 12(4) of the 1994 Act -- Block-wise reservation excludes the population figure for areas which are not covered by the Panchayati Raj Institutions — Notification dated May 8, 2008 introducing block-wise reservation is not ultra vires Articles 243(D) of the Constitution of India or Section 12(1) of the Punjab Panchayal Raj Act. Harmeet Singh v. Punjab State Election Commission and another, 2009(7) L.A.R. 640 (P&H DB).

Rotation of Reservation — Block wise reservation — Challenge to -- Block-wise rotation was pul into effect just a few minutes before nominations opened, very little

32 THE PUNJAB PANCHAYATI RAJ A

CI, 1994

time was given to the prospective candidates to plan their course of action for the

election or raise objections to unreasonable and mis conceived rotation/reservation --

Constitution forbids any interference in the election process in the allotment of seats —

Court is bound by the constitutional prohibitions and can no t al this stage undo rotation

which has already been put into motion and on the basis of wh ich rotation, thousands of

people have fought elections in the hope of ultima tely getling elected as Sarpanches of

the Panchayats in the different categories allotted to th em. Harmeet Singh v. Punjab

State Election Commission and another, 2009(1) LAR, 6 40 (P&H DB),

Scheduled Caste (Women) - Reservation —

A Panch elected against the

reserved category of Scheduled Castes Women, is ful ly eligible to contest the election

for the post of Sarpanch, which was reserved for Sche duled Castes category, being a

'woman' belonging to Scheduled Caste. Parmijit Singh v. Slat e of Punjab and alhers,

2008(2) L.A.R. 211 (P&H DB).

Scheduled Caste (Women) — Reservation — If the seat of Sarpanch of a village is

reserved for Scheduled Caste, then both Men and Women belonging to Scheduled

Castes category can contest the election for the said post — If the seat of a Sarpanch of

a village is reserved for Scheduled Caste (Wome n), then only women Panches

belanging to Scheduled Caste can contest against the said seat. Parmjit Singh v. State

of Punjab and others, 2008(2) L.A.R. 211 (P&H DB). '143. Notification of election and oath of allegia nce by Panches.—

(1) "[The election of a Sarpanch and Panches] shall be not ified by the

State Government in the Official Gazette and no me mber shall enter upon

his duties until his election has been so notified an d he has taken an oath

or affirmation as specified in Schedule 1.

(2) Ifa person refuses to take an oath or affirma tion, referred to in sub-

section (1), his election shall be deemed to be inv alid and a fresh election

shall be got conducted.

(3) No person, whose election is deemed to be invalid under sub-

section (2), shall be eligible for election to any Gram Panchayat for a period

of two years from the date of such invalidation.

(4) The election of all excluding those persons whose election is

deemed invalid under sub-section (2) shall ag ain be notified by the State

Government in the Official Gazette] Comments

Death of Panch - Consequence of - Names of elected Panches notified -- After issuance of the notification and before convening the meeting of the Gram Panchayat, one elected member was'murdered — Holding of the ele ction for the office of Sarpanch

cannot be kept in abeyance till filling-up of the c asual vacancy. Sukhdip Singh v. The

State of Punjab and others, 2008(2) L.A.R. 2 49 (P&H DB).

Election of Panch — Equality of votes — Declar ation of result -- Both candidates

secured equal number of votes -- Both the candidates gave their consent-n writing to

the Presiding Officer that their result be declare d 'by way of toss' -- Toss was

1. Substituted for section 13 vide Punjab Act No. 12 of 2008.

2. Substituted for the words "Every election of

3 Panch" Punjab Act No. 4 of 2012. (w ef.

21.5.2012)

3. Inserted by Punjab Act No. 4 of 2012. (wef. 21 § 2012)

— — — _ — _ — — = e e e e

THE PUNJAB PANCHAYAT RAJ ACT, 1994 33

conducted, which went in favour of the petitioner and she was declared elected — Result was declared on Form IX — After declaration of result, it could have been set aside only by the Election Tribunal, on an election petition filed by the defeated candidate — Subsequently declaration of supplementary result is wholly without jurisdiction. Jasmail Kaur v. Punjab Stale Election Commission and others, 2008(1) L-A.R. 561 (P&H DB). Election of Panches — Notification — As soon as the election takes place, the State Government is duty bound to notify the names of the elected Panches. Jagtar Singh v. State of Punjab and others, 2008(2) L.A R. 271 (P&H DB). Election of Panches — Notification — Election of all the Panches, who have been elected, cannot be kept pending for notification until all seats of the Panches are filled up as it may result into non-functioning of the Gram Panchayat. Jagtar Singh v. State af Punjab and others, 2008(2) L.A.R. 271 (P&H DB).

Election of Sarpanch — Election petition —- Requirement of -- Election can only be challenged by way of an Election Petition presented in accordance with the provision of the Punjab State Election Commission Act, 1994 -- Election in question was set aside by the Deputy Commissioner on the ground that election was held under the threat of some Panchayat members, which is also one of the grounds to prove corrupt practice —- However no election petition was filed and leamed Deputy Commissioner had exercised the jurisdiction of the Election Tribunal which can not be said to be legal. Jasvir Kaur and others v. State of Punjab and others, 2011(1) L-A.R. 135 (P&H). Election petition — Disputed question as whether the petitioner has contested the election for the post of Panch against the reserved category of Women or against the General Category, particulany, when the election of Gram Panchayat has been notified - Only remedy available to the defeated candidate is to file the election petition. Manjit Kaur v. State of Punjab and others, 2009(1) LA.R. 651 (P&H DB). Panch elected - Notification of - When no B.C.category candidate was available, then the post of Panch was converted into $.C.calegory vide order/Nolification — Petitioner was declared elected as a Panch in S.C.category -- Held, official respondents were statutorily duty bound to notify the election of Panch of t he

petitioner in S.C.calegory -- Official respondents directed to notify the election of the petitioner as a Panch in §.C. category of the Gram Panchayat within a period of 15 days. Joginder Singh v. State of Punjab and others, 2011(3) L.A.R. 613 (P&H). 13-A. "pooooac])

44. Term of office of Sarpanch and Panch.-- Term of offices of Sarpanch and Panch of a Gram Panchayat shall, have as otherwise providing in this Act, co-terminate with the term of the Gram Panchayat. Comments

Election of Sarpanch -- After election of Sarpanch he shall take an oath - Term

of the offices of Sarpanch and Panch of a Gram Panchayat shall co-terminate with the

term of the Gram Panchayat. Baljit Singh v. State of Punjab and others, 2008(2) L.A.R. 277 (P&H DB).

1. Section 13-A omitted by Punjab Act No. 4 of 2012. (wef. 21.5.2012), prior to omis sion Section

"13-A was read as under : 13-A. First meeting of the Gram Panchayat.— The Deputy

Commissioner or any officer or official of the State Government, authorised by him in this behalf,

shall call the first meeting of the Gram Panchayat in the manner, as may be prescrib ed, as s00n

as, the election of all Panches is notified, to elect the Sarpanch from amongst them.] ——J

44 THE PUNJAB PANCHAYATI RAJ ACT, 1994

Election of Sarpanch — Term of office of Sarpanch — Removal of -- Term of office of Gram Panchayat shall be for five years unless dissolved earlier under the Act -- Panch, who has been elected as Sarpanch in the first meeting held w/s 13-A of the Panchayati Raj Act, will hold the office for a term of five years until and unless he resigns as contemplated u/s 17 or removed by passing No-Confidence Motion as contemplated u/s 19 or suspended and removed as contemplated u/s 20 of the Panchayati Raj Act. Sukhdev Singh v. Stale of Punjab and others, 2012(2) LAR. 6 (P&H DB) en

Term of Sarpanch — Re-election for Sarpanch -- Term of Gram Panchayat shall be five years from the date of its first meeting -- Term of each Sarpanch and Panch shall be co-terminus with the terms of the Gram Panchayat — Re-elections for electing + Sarpanch being held in between the term, cannot be said to be illegal or against any statute in any manner. Dilbagh Singh v. Chief Election Commissioner, Punjab. 2009(1)

15. Term of office of Gram Panchayat.-- (1) Every Gram Panchayat unless dissolved earlier under this Act, shall continue for a_term of. five —<_ years from the date_of its first meeting.

[Explanation.—After the Sarpanch and the Panches have taken oath as provided under section 13, a meeting of the Gram Panchayat shall be held at the earliest and such meeting shall be deemed to be the first meeting of the Gram Panchayat for the purpose of this sub-section.]

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Gram Panchayat which is functioning immediately before such amendment, till the expiration of its duration specified in sub-section (1).

i (3) An election to constitute a Gram Panchayat shall be completed-

(a) before the expiration of term of its duration specified in sub- section (1);

i (b) before the expiry of period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Gram Panchayat for such period.

(4) A Gram Panchayat constituted upon the dissolution of a Gram i Panchayat before the expiration of its duration, shall continue only for remainder of the period for which the dissolved Gram Panchayat would be have continued under sub-section (1) had it not been so dissolved. e

1. Added vide Punjab Act No. 12 of 2008, lateron substituted by Punjab Act No. 4 of 2012 (wef. 21.5.2012), Prior to substitution Explanation was read as Under: "Explanation.— After the Sarpanch is elected, a meeting of the Gram Panchayat shall be held by him at the earliest possible and such meeting shall be deemed to be the "first meeting" of the Gram Panchayat for the purpose of this sub-section." f

_ eat ee

THE PUNJAB PANCHAYATI RAJ ACT, 1994

Comments

Election of Sarpanch -— Term of office of Sarpanch - Removal of -- Term of office of Gram Panchayat shall be for five years unless dissolved earlier under the Act — Panch, who has been elected as Sarpanch in the first meeting held u/s 13-A of the Panchayati Raj Act, will hold the office for a term of five years until and unless he resigns as contemplated u/s 17 or removed by passing No-Confidence Motion as contemplated ws 19 or suspended and removed as contemplated u/s 20 of the Panchayati Raj Act. Sukhdev Singh v. Stale of Punjab and others, 2012(2) L.A.R. 6 (P&H DB).

Term of Sarpanch — Re-election for Sarpanch -- Term of Gram Panchayat shall be five years from the date of its first meeting - Term of each Sarpanch and Panch shall be co-terminus with the tenths TTS Grom Panchayal — Re-elections for electing Sarpanch being held in between the term, cannot be said to be illegal or against any statute in any manner. Dilbagh Singh v. Chief Election Commissioner, Punjab, 2009(1) L.A.R. 359 (P&H OB).

16. Powers, functions and duties of Sarpanch.-- (1) The Sarpanch shall-

(a) be responsible for convening the meetings of the Gram Sabha and preside over its meetings;

(b) be responsible for convening the meetings of the Gram Panchayat and shall preside over its meetings;

(d) have the general responsibility for the financial and executive administration of the Gram Panchayat; :

(e) exercise administrative supervision and control over the work of the staff of the Gram Panchayat and the officers and employees whose service may be placed at the disposal of the Gram Panchayat by any other authority;

(f) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made thereunder:

Provided that the Sarpanch shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Gram Panchayat at a meeting;

(g) exercise such other powers, perform such other duties as the Gram Panchayat may, by general or special, resolution, direct or as the State Government may by rules made in this behalf, prescribe.

Comments

Punjab General Clauses Act, 1298 (1 of 1898), Section 15, 17 — Suspension! Removal/Death of Sarpanch — Substitution of functionaries — Authorised Panch - Power of -- All the duties and functions to be performed by the office of the Sarpanch shall also be performed by the authorised Panch having charge of the office of the Sarpanch -- Every authorised Panch to officiate the office of Sarpanch shall have same powers forthe period he remains in the office, which usally can be exercised by the Sarpanch. Jeet Singh Panch v. State of Punjab and_others, 2012(2) L.A.R. 252 (P&H). %

$6 THE PUNJAB PANCHAYATI RAJ ACT, 1994 Punjab General Clauses Act, 1898 (1 of 1898), Section 15, 17 — Suspension/ Removal/Death of Sarpanch — Substitution of functionaries — Authorised Panch — Power of -- Suspension of Sarpanch does not mean that entire development works of the village shall not be allowed to proceed with -- Authorised Panch can spend money for the development work in the village as per valid resolution and prevailing law during the period Sarpanch remains suspended or post of Sarpanch remains unfilled due to suspension, removal or death of elected Sarpanch. Jeet Singh Panch v. State of Punjab and others, 2012(2) L.A.R. 252 (P&H).

Punjab Village Common Lands (Regulation) Act, 1964 (18 of 1961), Section 7(1) - Ejectment application - Power of Sarpanch — Sarpanch of the Gram Panchayat is fully competent to maintain the ejectment application u/s Section 7 of the Act. Tarsem Singh v. Director Rural Development and Panchayat (Punjab) Exercising the powers of Commissioner, and others, 2012(1) L.A.R. 298 (P&H DB).

17. Resignation of Sarpanch.-- (1) The Sarpanch may resign his office by writing under his hand addressed to the Deputy Director concerned.

(2) Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority.

18. Resignation of Panches.-- A Panch of a Gram Panchayat may resign his office in writing under his hand addressed to the Deputy Director concemed and his office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing.

19. 'Ppoooxxx]

1. Section 19 omitted by Punjab Act No. 13 of 2011, prior to omission Section 19 was read as under. "19. No-Confidence motion against Sarpanch.— (1) An application regarding intention to Move a motion of no-confidence against a Sarpanch be made to the Block Development and Panchayat Officer by a 1[majority of Panches]: : "

Provided that no such application shall be made unless a period of two years has elapsed from the date on which the Samanch assumed his office.

(2) The Block Development and Panchayat Officer shall, within a period of fifteen days of the receipt of application under sub-section (1), convene a meeting of the 1[Gram Panchayat] by giving seven clear days in notice, for discussing and taking decision on the no-confidence motion

(3) If the no-confidence motion is carried in the meeting convened under sub-section (2) which shall be presided aver by the Block Development and Panchayat Officer or an officer not below the rank of Social Education and Panchayat Officer authorised by the Block Development and Panehayal Officer in this behalf, by 1[a two-third majority of the total number of Panches halding office for the time being], the Sarpanch shall be deemed to have been removed from his office, and @ new Sarpanch shall be elected in his place:

Provided that if the no-confidence motion is lost another such motion shall not be moved against that Sarpanch before the expiry of two years from the date of its having been lost."

THE PUNJAB PANCHAYAT RAJ ACT, 1994 37

Comments

Punjab Panchayati Raj (Amendment) Act, 2011 (13 of 2011), Section 1(2), 2 - Punjab Panchayati Raj Act, 1994 (9 of 1994), Section 19 (Omission of Section 19 of the Act) -- Constitution of India, Article 14, 40, 243B, 243C, 243N, 245 -- No- confidence motion against Sarpanch — Omission of provision -- Amendment with retrospective effect — Validity of -- Deleting the provision for No Confidence Motion is not unconstitutional -- Section 1(2) of the Act to bring into force the Amendment Act retrospectively from 1.7.2010 is hela to be arbitrary and ultravires the Constitution. ig Nirbhai Singh v. State of Punjab and others, 2011(3) L-A.R. 217 (P&H DB).

20. Suspension and removal of Panch and Sarpanch. -- (1) The Director, may, after such enquiry as he may deem fit, remove any Sarpanch or Panch:--

(a) on any of the grounds mentioned in section 208; or

(b) who refuses to act or becomes incapable of acting: or

(c) who, being a Sarpanch, without reasonable cause, fails to hold meetings of the Gram Panchayat as required under sub-section

(1) of section 16 for a period of two consecutive months; or

(d) who, without reasonable cause, absents himself for more than two consecutive months from the meetings of the Gram Panchayat; or

(e) who during his present term of office or that immediately preceding it, has, in the opinion of the Director, been guilty of misconduct in the discharge of his duties; or

(f) | whose continuance in office is undesirable in the interests of the public :

Provided that before the Director orders the removal of any Sarpanch or Panch under this sub-section, the reasons for the proposed removal shall be communicated to him and he shall be given an opportunity of tendering an explanation in writing. Explanation: - The expression "misconduct".in clause (e) includes the failure of the Sarpanch or Panch without sufficient cause: -

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

(ii) to produce the Panchayat records on being required to do so by an officer of the Department of Rural Development and Panchayats not below the rank of Social Education and : Panchayat Officer;

' (ii) to carry out the lawful orders of any competent authority or an | officer authorised by the State Government in this behalf; and

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

—

————————— Ee

38 THE PUNJAB PANGHAYATI RAJ ACT, 1994

(2) A person, who has been removed under sub-section (1) may be disqualified for re-election for such period not exceeding five years from the date of his removal as the Director may fix.

(3) The Director may suspend any Sarpanch or Panch where a case against him in respect of any criminal offence is under investigation, enquiry or trial if, in the opinion of the Director, the charge made or proceeding taken against him is likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of character.

(4) The Director at any time, and the Deputy Commissioner or the District Development and Panchayat Officer during the course of an enquiry, may suspend a Sarpanch or Panch for any of the reasons for which he can be removed.

(5) A Sarpanch or Panch, suspended under this section shall not take part in any act or proceeding of the Gram Panchayat during the period of suspension and shall hand over the records, money and other property of the Gram Panchayat in his possession or under his control to the Panch as may be elected by the Panches from amongst panches in a meeting called by the Block Development, and Panchayat Officer for this purpose.

(6) Any person aggrieved by an order of removal or suspension passed under this section, may, within a period of thirty days from the date of communication of the order, prefer an appeal to the State Government. Comments

Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 7(1) - Ejectment application -— Power of Sarpanch — Sarpanch of the Gram Panchayat is fully competent to maintain the ejectment application u/s Section 7 of the Act. Tarsem Singh v. Director Rural Development and Panchayat (Punjab) Exercising the powers of Commissioner, and others, 2012(1) LA.R. 298 (P&H DB). Disqualification — Removal of Sarpanch — Election te the post of Sarpanch — Right of -- Respondent was removed from the post of Sarpanch by the Director while exercising its jurisdiction under Section 20(1) of the Punjab Panchayati Raj Act but was not debarred from contesting election under Section 20(2) of the Act -- Argument that respondent was disqualified from the post of Sarpanch, therefore, he could mot have been allowed to contest the present election is liable to be rejected. Jaswant Singh v Presiding Officer, Election Tribunal (A.D.C.), Hoshiarpur and others, 2010(2) L.A.R. 90 (P&H).

Removal of Sarpanch/Panch - Moral turpitude - Registration of F.I.R. — Pendency of criminal trial — Effect of — Whether the petitioner can be removed from the post of Panch under Section 20(1)(a) of the 1994 Act during the pendency of criminal trial — Held, only interpretation would be that if a Sarpanch/Panch is found guilty and has been convicted for any offence invelving moral turpitude or for such offence i.e., forgery in the Panchayat's record, embezzlement of Panchayat funds etc. etc. when it would not be desirable in the interest of Panchayat to permit such Panch or Sarpanch to perform the duties of Panch or Sarpanch, then it would be disqualification under Section 208(1)(c) and is liable to be removed under Section 20(1)(a) of the 1994 Act - However, if no conviclion order is passed then disqualification as provided under Section 208(1)(c) of the 1994 Act, shall not be attracted - Removal order is not only without jurisdiction but also beyond the scope of 20(1)(a) of the Act. Paramjit Kaur, Panch v. The Financial Commissioner and others, 2011(2) L.A.R. 521 (P&H).

THE PUNJAB PANCHAYATI RAJ ACT, 1984 39

Suspension of Sarpanch -- Moral turpitude - Registration of F.I.R. - Pendency of criminal trial - Effect of -- Elected Sarpanch/Panch represents the society and they are the elecled representatives and role-model of the habitants of the village, therefore, they are supposed not to indulge in any criminal activities, more so, in offence punishable under the NDPS Act -- Pelitioner shall remain under suspension during the pendency of the investigation/trial, as the case may be, Paramjit Kaur, Panch

v. The Financial Commissioner and others, 2011(2) L-A.R. 521 (P&H). Criminal case — Suspension of Panch/Sarpanch -- It is not for the authonties j under the Punjab Panchayati Raj Act, to give an opinion on the merit of the criminal i case, registered against the person —Registration of case involving serious offences, itself is a ground for suspension of Panch/Sarpanch -- Once it is not disputed thal the petitioner was facing trial under Sections 307, 324, 341 and 348 IPC, no error has been

committed by the authorities in suspending the petilioner in exercise of jurisdiction under Section 20(3) of the Act. Tejbalkar Singh v. Stale of Punjab and others, 2011(1) L.A.R, 181 (P&H).

i Suspension of Sarpanch — Sarpanch may be placed under suspensi on for the

| reasons, for which he can be removed — Held, if there is no ground for removal then of | course there can be no order of suspension. Kaki Devi Sarpanch v. State of Punjab an d

| others, 2011(1) L.A.R. 160 (P&H).

Encroachment upon land — No action by Sarpanch — Suspension

Sarpanch — Legality of - If a person is found in an unauthorized occupa tion of

property belonging to any local authority then that person shall be declared disqualified for being chosen as a member of the Panchayat - No provisions under the Act, which empowers the State or the Director Rural Development and Panchayat, Punjab to disqualify a person to be a member on the ground thal no act

ion was taken by him

against the encroachers for some time — Petitioner was. not found in illegal possession

K of any public land -- Provision of Section 208(1)(k) of the Act is not attracted -- Hen ce,

f there is no ground for removal u/s 20(1)(a) of the Act, consequently , petitioner can not

be placed under suspension by invoking Section 20(4) of the Act. Kaki Devi Sarp anch v.

State of Punjab and others, 2011(1) LA.R. 160 (P&H). "

Suspension of Sarpanch — Removal of Sarpanch — If a Sarpanch/Panch is found quilty and has been convicted for any offence involving moral turpitude or for

such offence i.e., forgery in the Panchayal's record, embezzlement of Panchayat fun ds

etc. when it would nol be desirable in the interest of Panchayat to permit such Pa nch or

Sarpanch to perform the duties of Panch or Sarpanch, then it would be disqualif ication

u/s 208(1}(c) and is liable to be removed u/s 20(1)(a) of the 1994 Act, however, if no ' conviction order is passed then disqualification as provided under Section 208(1)(c) of

the 1994 Act, shall not be attracted — Therefore, the removal order passed again st the

petitioner is not only without jurisdiction but also beyond the scope of Section 20(1)(a) of the 1994 Act. Paramjit Kaur, Panch v. The Financial Commissioner and others, i 2012(2) L.A.R. 55 (P&H). *

{ Suspension of Sarpanch — Removal of Sarpanch — Havi

ng possession of any

narcotic substance ig a Serious offence and amounts to moral turpitud e -- Elected

Sarpanch/Panch represents the society and they are the elected represe ntatives and

role-model of the habitants of the village, therefore, they are supposed not to indulge in

: any criminal activities, more so, in offence punishable under the NDPS A ct — Removal

order is liable to be quashed, however, the petitioner shall remain under suspension

during the pendency of the investigation/trial, as the case may be. P aramjit Kaur, Panch

v. The Financial Commissioner and others, 2012(2) L.A.R. 55 (P&H). Writ jurisdiction -- De-notification of Sarpanch — Wegal order -- T otally illegal

order contrary to provisions of the statute and State Government denotifying the name

of private respondent as Sarpanch by notification - Held, the same was rightly

challenged by filing the writ petition and the Court was fully justified in allowing the said

petition. Sukhdev Singh v. State of Punjab and others, 2012(2) L.A. R. 6 (P&H DB).

40 THE PUNJAB PANCHAYAT! RAJ ACT, 1994 Removal of Panch - Complainant — Right of -- In pursuance of the complaint made by the complainant and on the basis of reports, the Director removed the Panch — Appellate authority accepted the appeal without impleading the complainant as a party = Held, since the complainant was the aggrieved party, so the appellate authority slipped into a legal error in accepting the appeal of private respondent, even without issuing notice to complainant, who was a necessary party -- Matter remitted back to Appellate authority. Ashok Kumar v. State of Punjab and others, 2012(1) LAR. 188 (P&H).

Removal of Panch -- Director removed Panch on two counts that he and other Members Panchayat have caused huge loss to the government grant and damage to the panchayat propery -- Appellate authority accepted his appeal, without deciding the subject matter of the lis by passing a non-speaking and non-reasoned order -- Held, Appellate authority ought to have discussed the material on record and was legally required to record valid reasons for arriving at a right conclusion, in order to decide the real controversy between the parties in the right perspective — Matter remitted back to Appellate authority. Ashok Kumar v. Stale of Punjab and others, 2012(1) LAIR. 188 (P&H).

Writ jurisdiction -- Suspension of Sarpanch —- Removal of Sarpanch — Order containing valid reasons cannot legally be interfered with, in exercise of extraordinary writ jurisdiction. unless and until. the same is perverse and without jurisdiction -- As no such patent illegality or legal infirmity has been pointed out, therefore, ihe impugned order deserves lo be maintained. Guddu Sarpanch Gram Panchayat Saunti and other v. State of Punjab and olhers, 2011(3) L.A.R. 180 (P&H),

Aggrieved party - Appeal by complainant — Maintainability of -- Suspension of Sarpanch - Removal of Sarpanch - Complainant is an aggrieved person -- Appeal filed by complainant was very much maintainable before the appellate authority. Darshan Singh's case 2006 (1) RCR (Civil) 170 (Full Bench) & Ram Phal's case 1996

(1) PLR 233 relied. Guddu Sarpanch Gram Panchayat Saunti and other v. State of Punjab and others, 2011(3) LA.R. 180 (P&H).

Appeal by complainant - Aggrieved party -— Suspension of Sarpanch — Removal of Sarpanch - Complainant is an aggrieved person -- Appeal filed by complainant was very much maintainable before the appellate authority. Darshan Singh's case 2006 (1) RCR (Civil) 170 (Full Bench) & Ram Phal's case 1996 (1) PLR 233 relied. Guddu Sarpanch Gram Panchayat Saunti and other v. State of Punjab and others, 2011(3) L.A.R. 180 (P&H).

Suspension/Removal of Sarpanch -- Preliminary Enquiry - Exoneration from charges — Regular enquiry — Power of Enquiry officer -- It cannot possibly be saith thal once the petitioner was exonerated on the basis of preliminary enquiry by the Appellate Authority, without impleading the complainant as a party, then the Enquiry Officer becomes functus officio and cannot proceed with the regular enquiry -— Enquiry Officer has rightly summoned the petitioner and he has power and jurisdiction to conduct the regular enquiry against her in this context. Harjit Kaur v. State of Punjab and others, 2011(3) L.A.R. 392 (P&H).

Suspension/Removal of Sarpanch -- Preliminary Enquiry -- Exoneration from charges - Regular enquiry - Scope of -- Taking cognizance of the report of the preliminary enquiry, the Director suspended the Sarpanch, as an interim measure — Sarpanch was reinstated by the Appellate Authority, without impleading the complainant as a party or providing opportunity of being heard to him, on a technical ground, but that ipso facto is not a ground to exonerate, on the basis of preliminary enquiry, unless she is found innocent during the course of regular enquiry in this relevant connection. Harjit Kaur v. State of Punjab and others, 2011(3) L.A.R. 392 (P&H)

Suspension/Removal of Sarpanch -- Preliminary enquiry — Regular Enquiry — Scope of ~ Scape of preliminary enquiry relevant for ihe purpose of suspension of Sarpanch, is entirely distinct, than that of the regime of regular enquiry, for the purpose

i THE PUNJAB PANCHAYAT! RAJ ACT, 1994

of removal of Sarpanch -- At the time of preliminary enquiry, a prima facie case is to be considered for a limited purpose of suspension, while during the course of r egular

enquiry, the matter has to be examined in detail, after receiving the evidence in support of respective stands of the parties, for the purpose of removal of a Sarpanch — Auth ority

conducting the regular enquiry possesses a wider jurisdiction, as compared with the officer dealing with the preliminary enquiry -- Preliminary enquiry conducted in a

summary manner during the course of limited junsdiction, cannot oust the larger jurisdiction of a officer conducting the regular enquiry. even if both the enquiries are manned by the same person -- Authority dealing with the regular enquiry has to adopt the appropriate procedure and in the preliminary enquiry, summary procedure is to be

followed. Harjit Kaur v. State of Punjab and others, 2011(3) L.A.R. 392 (P&H). Constitution of India, Article 226 — Suspension of Sarpanch/Panch — Regular Enquiry - Writ Jurisdiction -— Since regular inquiry is pending against the petitione r,

therefore, the court not inclined to invoke jurisdiction under Article 226 of the

Constitution of India to see the correctness of the suspension order on the b asis of

preliminary inquiry. wherein petitioner was prima facie found guilty for the charge s

Gurcharan Singh, Sarpanch v. State of Punjab and others, 2011(2) L.A.R. 535 (P&H).

Suspension of Sarpanch/Panch — Challenge to -- Enquiry — Right of - Sarpanch/Panch can be placed under suspension during the pendency of the enquiry

for the alleged misconduct committed by him — There is mo question af keeping him

under suspension for the indefinite period — Direction given to initiate and hold the enquiry for the alleged misconduct and to conclude the same after affording oppartuni ty

to the petitioner, preferably within four months and if petitioner is not foun d guilty for the

alleged misconduct, suspension order will go -- However, if enquiry 1s not con cluded

within four months as directed, impugned orders shall be deemed to have be en set

aside. Gunjinder Singh v. State of Punjab and others. 2011(2) L.A.R. 418 (P&H).

Suspension of Sarpanch/Panch — Suspension order cannot be kept in force for

e s e i indefinite period and shall be only for the period when regular inquiry is pending agains!

7 the Panch/Sarpanch -- Regular inquiry has already been marked — Authorit ies directed

j to conclude the final inquiry within 90 days and if inquiry Is not completeiconcluded

within the time prescribed, suspension order shall be deemed having been revoked on

the expiry of 90 days -- However, if in the final inquiry charges against the peti tioner are

found proved, authorities shall be at liberty to proceed against the pet itioner in

accordance with law. Gurcharan Singh, Sarpanch v. State of Punjab and others,

2011(2) L.A.R. 535 (P&H).

Suspension/Removal of Sarpanch — Appeal against — Speaking o rder --

Appellate authority not adhered to the actual grounds of removal mentioned in the order of the Director based on the report of regular inquiry of ADC — Real controversy

between the parties was nol decided — Held, order is non-speaking , appellate authonty

ought to have discussed the malenal on record -- Such statutory appellate autho rity,

exercising the powers under the Act, should act independently -- Eve ry action of such

authority must be informed by reasans -- Order must be fair, clear, r easonable and in

ihe interest of justice and fair play -- Every order must be confined and stru ctured by

rational and relevant material on record because the valuable democratic nghts of the

parties are involved in the lis. Baldip Pal Singh and another v Fina ncial Commissioner

and Secretary, Punjab Gowt, and others, 2011(2) L.A.R. 270 (P&H). Suspension/Removal of Sarpanch — Appeal -— Review

application by

complainant — Single line order "Review application is not lia ble to be accepted

therefore, it is dismissed" cannot possibly be termed to be a proper adjudication of

rights of the complainants in the appeal -- Contention that review application of

complainants was dismissed, so, they would be deemed to be part ies in the appeal. is

not only devoid of ment but misplaced as well. Baldip Pal Singh and a nother v

Financial Commissioner and Secretary, Punjab Govt. and others, 2011(2

) L.A.R. 270

(P&H).

4? THE PUNJAB PANCHAY

ATI RAJ ACT. 1994

Suspension/Removal of Sar anch - Appeal against - Necessary party - Complainant is necessary party -- In view of the complaint and on the basis of inquiry reports, the Director removed respondent from the post of Sarpanch — Appeal was filed without impleading the complainants as par ties — Held, complainants were the aggrieved parties, so the appellate autho rity slipped into a legal error in accepti ng the

appeal, even withoul issuing notice to complainant, who were the necessa ry parties --

Appellate authonty ought to have issued notice and provided adequate opportunity of

being heard to the complainants before deciding the appeal against them in view of the

doctrine of audi alteram partem Baldip Pal Singh and another v. Financial Commissioner and Secretary, Punjab Go vt and others, 2011(2) LAR, 270 (P&H

Aggrieved Party -- Appeal — Under S ection 20 (6) of the Punjab Panchayati Raj 7

Act, 1994, it is only a person "aggriev ed by an order of removal or suspens ion" can file

an appeal. Thus, a complainant does n ot have the night to do so. There is no infirmity in

the view taken by the appellate Authorit y — Gram Panchayat, Dusanjh Khurd V is State

of Punjab and others 2002 (2) PLR 1 83 (P&H High Court DB) = 2002(2) R CR(Ciwil)

65(P&H High Court DB).

Aggrieved person — Only a person aggrieved by the order of removal o r

suspension, may within period of thirt y days from the date of communicatio n of the

order may prefer an appeal to the Slate Government - No order o f removal of

suspension has been passed against t he petitioner as he is only the complaina nt — It is

i: only aggneved person a

gainst whom a order of suspension of removal has been

t passed has a nght to file a n appeal against the order and no othe r — Darshan Singh V/s

State of Punjab and others 1998(1) PLR 152(P&H High Court DIB).

Audi alteram partem -- Suspension of Sarpanch/Panch — Expression

"adequate opponunity to explain" represents statutory embodiment of one of the fundamental

| postulates of natural j ustice Le audi alteram partem wh ich signifies that an authority i entrusted with power t o lake action against any person should give an action-oriented nalice to that person, consider hi s reply and pass order indicaling application of mind.

Smt. Zarina v. State of Haryana and Anot her, 2004 L.A.R. 506 (P&H D.B.) Complaint against Panch Speakin g order — Director without giving any reason

held thal no case is made out against Panch - Order is tolally non-speakin g and

a | therefore, unsustain

able — Authority should have pass ed an order informed by reasons and not bereft thereof. MJ. Sivani's cas e, 1995 (6) SCC 289 (SC) relied. Dilba g Singh

and another v. State of Punjab and other s, 2070(1) L.A.R. 411 (P&H). Defaulter -- Onus of prove - The onus is heavy on the election petitioner to pro ve

that the elected candidate is a defaulter -- I ig not a matter of inference which can be

drawn on the basis of oral evidence. Ravinder v Rattan Singh and Others, 2004 L AR. |

674 (P&H).

Disqualification — Suspension/Re moval af Sarpanch -- incurri

ng of

disqualification under section 208 can be the grounds upon which

a Member of

Panchayat can be suspended or r

emoved from the office. Som Lal v. Vijay Laxmi ete.,

2006(1) LAR. 376 (P&H DB).

Disqualification — The accou

nts on the basis of which th

e liability of arrears 'S

sought ta be raised by the Gram Pa nchayal cannot be relied upan as lhe account books

are not found to be maintained in normal course of its business —

Deposit of amount of

default by elected candidate to

avoid controversy regarding c

ontest of election to the

post of Sarpanch, is not amount to a dmission of default Ravinder v. Ratt an Singh and

Others, 2004 L.A.R. 674 (P&H)

Disqualification - The elected cand idate received the amount of arrear s from

whom the arrears lowards the Gram Panchayat were due -- He was trus tee of the

amount received on behalf of the Panchayat and cannot be treated

as defaulter of

arrears. Ravinder v, Rattan Singh anc Others, 2004 L.A.R. 674 (P&H)

Natural justice -- Suspension of Sarpanch -- Registration of F.LR. against 1

Sarpanch — Sarpanch should be given an opportunity of hearing before pas sing an

THE PUNJAB PANCHAYATI RAJ ACT, 1994 43

order of suspension against b.m — He is an elected Sarpanch and therefore, has a legal

right to continue as such, unless disqualified, removed or ousted on a vote of no

confidence etc. in accordance with law. Chand v. Special Secretary lo Govt. of Punj ab,

Rural Dev. & Panchayats Deptt., Chandigarh and others, 2005(1) L .A.R, 352 (P&H

D.B.).

Registration of FIR -- Suspension of Sarpanch — Show cause no tice - Speaking

order -- Natural justice -- Since the Sarpanch was not issued any show cause notice nor

was he granted any opportunity of hearing before passing the suspension order, the

i same is liable to be quashed — Order cannot be up held as. the same is not supported by

44 any cogent reasons as to how the continuance of the p etitioner would be an

! embarrassment either to himself or the Panchayat. Chand v. Special Secretary to Govt

of Punjab, Rural Dev. & Panchayats Deptt., Chandigarh and others, 2005(

1) L.A.R. 352

(P&H D.B.). Re-instatement of Sarpanch — Writ Jurisdiction -- Grants have bee n disbursed

to the persons concemed on the basis of the resolution passed by t he Gram Panchayat

as a whole and not by the Sarpanch alone — Besides, the grants have been disbursed

after getting the necessary approval from the authorities concemed — Still further, there

i are disputed questions of fact, which cannot be dec ided by exercising extra-ordinary

' powers — Petition challenging the order of reinstatement of Sarpanch — Dismissed —

! Constitution of India, Article 226 - Balwant Singh Vis St ate of Punjab 2002 (2) PLR

31(P&H High Court DB) = 2002(2)RCR (ewil) 838 (P&H High Court DB) Removal of Sarpanch — Enquiry Report -- Unauthorised possess ion of shamiat

land — Neither enquiry report supplied nor any opportunity of hearing was offe red --

Removal of Sarpanch, who represents the whole village is a serio us matter which

should not be taken lightly -- Enquiry officer was duty bound to give copy of enquiry to

the petitioner - Sarpanch cannot he held liable for civil decree passed during period or

previous Panchayat, as those whoa were controlling the Gram Panch ayat at the relevant

time did not take any action for getting the decree set aside within st atutory period of

limitation — Gram Panchayat sought funds from Gram Samiti to tak e action against

other un-autherised occupants, but the amount was not released -- Impugned orders

quashed. Jagtar Singh v. State of Haryana and another 2004 L.A.R. 47 (P&H DB)

Removal of Sarpanch - Incurring of disqualification under sect ion 208 can be

the grounds upon which a Member of Panchayat can be

suspended or removed from

ihe office. Som Lal v. Vijay Lax etc., 2006(1) L ALR. 376 (P&H D.B.). Removal of Sarpanch - Only a person aggrieved by the o rder of removal or

suspension, mai within period of thirty days from the date of communication of the

order may prefer an appeal to the Stale Government —

No order of removal or

suspension has been passed against the petitioner as he is only the complainant — It is

only aggrieved person against whom a order of suspension or removal has been

passed has a right to file an appeal against the order and no oth er — Darshan Singh W/s

State of Punjab and others 1998(1)PLR 152(P&H High Court DB) Removal or Suspension of Sarpanch - Appeal — A

ggrieved Party -- Under

5 Section 20 (6) of the Punjab Panchayati Raj Act, 1994, it is only a person "aggrieved by ' an order of removal or suspension" can file an app eal. Thus, a complainant does nat

| have the right to do so. There is no infirmity in the v iew taken by the appellate Authority

u" — Gram Panchayat, Dusanjh Khurd V/s State of Punjab an d others 2002 (2) PLR 183

(P&H High Court DB) = 2002/2) RCR(Civil) 65(P&H High Co urt DB).

Second Complaint — Second Enquiry - Suspension of Sarpanch -- In earlier

complaint positive finding was given by the competent officer that the Sarpanch was not

guilty -- Unless thal order is rectified or set aside, il is not open to the authorities ta

initiate second enquiry on those very charges Harvinder Kaur v. State of Punjab and

others, 2007(1) L.A.R. 227 (P&H D.B)

Second Complaint - Second Enquiry - Suspensi on of Sarpanch -- On receipt of

a fresh complaint, second enquiry was conducted, whe rein Sarpanch found guilty and

Ad THE PUNJAB PANCHAYATI RAJ ACT, 1994 was put under suspension — Held, It is not open to the authorities to initiate fresh enquiry on the same charges, regarding which the Sarpanch was exonerated in earlier enquiry, which has become final. Harvinder Kaur v. State of Punjab and others, 2007(1) L.A.R. 227 (P&H DB)

Second Enquiry — Suspension of Sarpanch -- In earlier complaint positive finding was given by the competent officer that the Sarpanch was not guilty -- Unless that order is rectified or set aside, it is not open to the authorities to initiate second enquiry on those very charges. Harvinder Kaur v. State of Punjab and others, 2007(1) LA.R. 227 (P&H D.B.).

Second Enquiry — Suspension of Sarpanch -— On receipt of a fresh complaint, second enquiry was conducted, wherein Sarpanch found guilly and was put under suspension — Held, It is not open to the authorities to initiate fresh enquiry on the same charges, regarding which the Sarpanch was exonerated in earlier enquiry, which has become final. Harvinder Kaur v. State of Punjab and others, 2007(1) L.A.R. 227 (P&H

D.B.).

Suspension and removal of Sarpanch -- If a Sarpanch is elected under the Panchayati Raj Act by the Panches, he can only be removed by passing no confidence motion against him under Section 19 or by the Director under Section 20 on Ihe grounds mentioned therein. Baljit Singh v. State of Punjab and others, 2008(2) L.A.R. 277 (P&H DB)

Suspension of Panch — No proceedings have been initiated for any unauthorized occupation of land either against the petitioner's husband or her father-in-law. The basis on which the suspension order passed non-existent — Orders of suspension can not be sustained — Joginder Kaur Vis State of Punjab and other 2001(3) PLR 531 (P&H High Cour) = 2001(4) RCR(Civil) 735(P&H)(DB).

Suspension of Sarpanch - incurring of disqualification under section 208 can be the grounds upon which a Member of Panchayat can be suspended or removed from the office. Som Lal v. Vijay Laxmi etc., 2006(1) LA.R. 376 (P&H D.B.). Suspension of Sarpanch — Natural justice -- Registration of F.I.R. against Sarpanch - Sarpanch should be given an opportunity of hearing before passing an order of suspension against him -- He is an elected Sarpanch and therefore, has a legal fight to continue as such, unless disqualified, removed or ousted on a vote of no confidence etc. in accordance with law. Chand v. Special Secretary to Govt. of Punjab, Rural Dev. & Panchayats Deptt., Chandigarh and others, 2005(1) L.A.R. 352 (P&H

D.B.).

Suspension of Sarpanch -- On receipt of a fresh complaint, second enquiry was conducted, wherein Sarpanch found guilty and was put under suspension — Held. It is not open to the authorities to initiate fresh enquiry on the same charges. regarding which the Sarpanch was exonerated in earlier enquiry, which has become final. Harvinder Kaur v, State of Punjab and others, 2007(1) LAR. 227 (P&H DB) Suspension of Sarpanch -- Only a person aggrieved by the order of removal or suspension, may within period of thirty days from the date of communication of the order may prefer an appeal to the State Government - No order of removal or suspension has been passed against the petitioner as he is only the complainant - Ils only aggrieved person against whom a order of suspension or removal has been passed has a right to file an appeal against the order and no other — Darshan Singh Vis State of Punjab and others 1998(1)PLR 152(P&H High Court DB). Suspension of Sarpanch — Registration of FIR -- Show cause notice - Speaking order -- Natural justice -- Since the Sarpanch was nol issued any show cause notice nor was he granted any opportunity of heanng before passing the suspension order, the same is liable ta be quashed — Order cannot be upheld as the same is not supported by any cogent reasons as to how the continuance of the petitioner would be an embarrassment either to himself or the Panchayat. Chand v. Special Secretary to Gov. a

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 45 of Punjab, Rural Dev. & Panchayats Deptt.. Chandigarh and others, 2005(1) L.A.R. 352 (P&H D.B.)

Suspension of Sarpanch — Unauthorised possession --Mathematical precision with regard to an encroachment of a small piece of land cannot be made the basis for suspension of a Sarpanch -- Even if it is taken to be correct that the petitioner had encroached upon an area of 5 Biswasi of Khasra No, 440, such a mistake can occur at any time more particularly when land is under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB).

Suspension of Sarpanch/ Panch — Alleged illegal construction! encroachment on panchayal land was raised 30/35 year back by father-in-law of the petitioner/Panch — Petitioner cannot be held liable for that - Suspension order set aside. Smit. Zarina v State of Haryana and Another, 2004 L.A.R. 506 (P&H D.B.).

Suspension of Sarpanch/Panch — Audi alferam partem -- Expression "adequate opportunity to explain" represents statulory embodiment of one of the fundamental postulates of natural justice ie. audi alleram partem which signifies that an authority entrusted with power to take action against any person should give an action-oriented nolice to that person, consider his reply and pass order indicating application of mind. Sm. Zarina v. Stale of Haryana and Another, 2004 L.A.R. 506 (P&H D.B.). Unauthorised possession -- Suspension of Sarpanch — Mathematical precision with regard to an encroachment of a small piece of land cannot be made the basis for suspension -of a Sarpanch — Even if it is taken to be correct that the petitioner had encroached upon an area of 5 Biswasi of Khasra No. 440, such a mistake can occur al any time more particularly when land is under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB).

Punjab General Clauses Act, 1898 (1 of 1698), Section 15, 17 - Suspension/ Removal/Death of Sarpanch — Substitution of functionaries -- Authorised Panch = Power of -- All the duties and functions to be performed by the office of the Sarpanch shall also be performed by the authorised Panch having charge of the office of the Sarpanch -- Every authorised Panch to officiate the office of Sarpanch shall have same powers for the period he remains in the office, which usually can be exercised by the Sarpanch., Jeet Singh Panch v. State of Punjab and others, 2012(2) L.A.R. 252 (P&H). Punjab General Clauses Act, 1898 (1 of 1898), Section 15, 17 - Suspension/ Removal/Death of Sarpanch — Substitution of functionaries -- Authorised Panch — Power of -- Suspension of Sarpanch does not mean that entire development works of the village shall not be allowed to proceed with -- Authorised Panch can spend money for the development work in the village as per valid resolution and prevailing law during the period Sarpanch remains suspended or post of Sarpanch remains unfilled due to suspension, removal or death of elected Sarpanch. Jeet Singh Panch v. State of Punjab and others, 2012(2) L.A.R. 252 (P&H).

24. Cessation from office of Sarpanch or Panch.-- (1) In case a Sarpanch or Panch fails to deposit the amount assessed to be due from him under section 216 within a period of sixty days from the date on which it is finally determined such Sarpanch or Panch shall cease to hold his office on the day immediately following the date os which the period of sixty days expires and on the happening of such an event the Block Development and Panchayat Officer shall intimate the same to the District Development and Panchayat Officer who shall inform the Panchayat Samiti, Gram Panchayat and the person who was holding the office of Panch that he had ceased to hold his office from the aforesaid day.

46 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(2) If any question arises whether a Sarpanch or Panch has ceased to hold office under sub-section (1) the same shall be referred to the concerned Deputy Director whose decision shall be final.

(3) In case the Sarpanch or Panch shows sufficient cause for the default to the satisfaction of the Director within a period of thirty days of the date on which he was informed about his cessation from the office the Director may by an order reinstate him.

wy 22. /Filling of casual vacancies of Sarpanches and Panches.-- WV (1) Whenever a vacancy occurs by death, resignation, removal or As otherwise of a Sarpanch or of a Panch the vacancy shall be filled up by way of election:

. ve abe .. <5)"[Provided that the vacancy so occurs shall be filled up out of the 7 qpersons belonging to the category to which the vacancy relates.] f- (2) A person elected to fill a casual vacancy under sub-section (1) q shall be elected for the remainder of his predecessor's term of office:

Provided that where the remainder of period for which a Panch or Sarpanch is to be elected is less than six months, it shall not be necessary to hold any election under this section to fill such a vacancy. b

— Comments

Death of Panch/Sarpanch — Election of casual vacancy is required to be filled up by way of election - Though no specific lime has been given for re-election for filling up of the casual vacancy, bul from the reading of the proviso, the re-election for filling up of ihe casual vacancy should be done within six months. Sukhdip Singh v. The State of Punjab and others, 2008(2) L.A.R. 249 (P&H DB).

Election of SarpanchiPanch — Setting aside of - Casual vacancy -- Power of Tribunal -- Once election petition is accepted, then Election Tribunal is bound to communicate its order to the Election Commission — Copy is to be sent at the earliest for publication in the official Gazette to make it public by way of publication to elect a person after casual vacancy has arisen by way of setting aside an election of Panch or Sarpanch -- Election Tribunal has no power to direct any authority to hold fresh election af Panch or Sarpahch. Surjit Singh v. Presiding Officer and others, 2010(2) L.A.R. 631 (P&H)

23. Meeting of Gram Panchayat.--(1) The meeting. of the' -Gram Panchayat shall be public and shall be held at least once a month at the office of the Gram Panchayat or at some other public place within the Gram Sabha area for which it is established and at such time and date as the Sarpanch may determine and notify.

1. Substituted by Punjab Act No. 4 of 2012 (wef. 21.5 2012), Prior to substitution proviso was read ag under: "Provided that if the vacancy relates to the Scheduled Castes, Backward Classes of to Women, the vacancy shall be filled up out of the persons belonging to the category to which category of person the vacancy relates ~

THE PUNJAB PANCHAYATI RAJ ACT, 1994 AT

(2) The Sarpanch, when required in writing by a majority of the Panches to call a special 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 through the Panchayat Secretary to the Sarpanch and the other Panches.

(3) Seven clear days notice of an ordinary meeting and three days clear notice of a special meeting specifying the place, date and time of such meeting and the business to be transacted thereat, shall be given by the Secretary to the Panches and such officers as the State Government may prescribe, and affixed on the notice board of the Gram Panchayats. 24, Quorums and Procedure. -- (1) The majority of Panches for the time being holding office shall form a quorum and if at the time appointed for the meeting. a quorum is not present -

(a) the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix;

(b) similarly, the presiding authority after waiting for thirty minutes adjourn the meeting if, at any time, after it has begun attention is drawn to the want of a quorum and the business which could not be considered at the meeting postponed under clause (a) for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum.

(2) Save as otherwise provided by or under this Act, at every meeting of the Gram Panchayat, the Sarpanch and in his absence a Panch elected out of the Panches present shall preside for the occasion.

(3) All questions shall, unless otherwise specifically provided, be~ decided by a majority of votes of the present and voting and the Sarpanch or Panch presiding, as the case may be, unless he refrains from voting, shall give his vote before declaring the number of votes for and against a question and in the case of equality of votes, he may give his casting vote.

(4) No member of a Gram Panchayat shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of a Gram Panchayat, if the question is one in which apart from its general application to the public, he has any pecuniary interest, and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration.

(5) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that be carried, he shall not preside at the meeting during such discussion or vote on or take part in it and in such a case any member other than that member of the Gram Panchayat may be chosen to preside at the meeting during the continuance of such discussion.

f 4g THE PUNJAB PANCHAYATI RAJ ACT, 1994 | 25. Standing Committees of Gram Panchayats.-- (1) Every Gram Panchayat shall constitute the following committees by election, narnely.—

(i) the Production Committee for performing functions relating to agriculture production, animal husbandry and rural industries and poverty alleviation programmes;

(ii) the Social Justice Committee for performing function relating to—

(a) promotion of education, economic, social, cultural and other interests of the Scheduled Caste, and Backward Classes and other weaker sections;

e r e

(b) protection of such castes and classes from social injustice and any form of exploitation:

(c) welfare of women and children; : (iii) the Amenities Committee to perform functions in respect of education, public health, public works and other functions of the Gram Panchayat.

» (2) (a) Each Standing Committee shall consist of not less than three ; and not more than five members including the Sarpanch and Md the Sarpanch shall be the ex officio member and Chairman of all these Standing Committees:

Provided that the Social Justice Committee shall consist of at least one member who is a woman and one member

belonging to the Scheduled Castes or Backward Classes.

(b) Each Committee shall be competent to co-opt. in such manner as may be prescribed, members of farmers clubs, mahila mandals, yuvak mandals and other similar bodies recognised by the State Government and representative of co-operative societies in the Gram Panchayat area shall also be co-opted to the Production Committee.

(3) The Standing Committees shall perform the functions referred to in sub-section (2) to the extent the pdwers are delegated to them by the Gram Panchayat.

26. Constitution of Panchayat Secretaries Service.-- (1) Notwithstanding anything contained in this Act, the State Government may, be notification, constitute, in the prescribed manner, the Punjab Panchayat Secretaries (hereinafter referred to as the Service):

Provided that the service constituted under section 16 of the Punjab Gram Panchayat Act, 1952 shall be deemed to have been constituted under this Act: Provided further that the rules for regulating the recruitment, salaries, allowances and other conditions of service of members of the Service made under the Punjab Gram Panchayat Act, 1952 shall also be deemed to be made under this Act till such rules are modified, altered or newly framed by the State Government under this Act.

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 49

(2) The Secretary shall be incharge of the office of the Gram Panchayat and shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this Act or any rules or bye-laws made thereunder,

(3) Subject to rules as may be prescribed by the State Government regarding discipline and control, the Secretary shall act in all matters under the control of the Sarpanch through whom he shall be responsible to the Gram Panchayat.

27. Other employees of the Gram Panchayats.-- Subject to such rules as may be prescribed in this behalf and with the previous approval of Panchayat Samiti, a Gram Panchayat may employ such other employees as are considered necessary for carrying out the duties imposed on it by this Act.

28. 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 employee:

and

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

29. Dissolution of Gram Panchayat. (1) If in the opinion of the State Government, a Gram Panchayat abuses its powers or is not competent to | perform or makes persistent defaults in the performance of its duties under j this Act or wilfully disregards any instructions given or directions issued by _ the Panchayat Samiti or Zila Parishad or any instructions issued by the : State Government arising out of the audit of accounts of the Gram | Panchayat or inspection of work, the State Government may, after giving \ the Gram Panchayat an opportunity to render explanation, by an order published, alongwith the reasons thereof, in the Official Gazette, dissolve such Gram Panchayat.

(2) When a Gram Panchayat is dissolved under sub-section (1) -

(i) Sarpanch, and all Panches shall vacate their offices forthwith;

(ii) All powers and duties of the Gram Panchayats during its dissolution, shall be exercised and performed by such person or persons as the State Government may appoint in this behalf; and

(iii) all property in the possession of the Gram Panchayat shall be held by the State Government.

(3) Upon dissolution of Gram Panchayat under sub-section (1), the State Government shall reconstitute a Gram Panchayat as specified under section 10 and election to reconstitute such Gram Panchayat shall be completed before the expiration of a period of six months from the date of dissolution:

50 THE PUNJAB P

ANCHAYAT! RAJ ACT, 1994 Provided that where the remainder of t he period for which the dissolved Gram Panchayat would have contin ued is less than six months, it shall not

be necessary to hold any election un der this sub-section for reconstitutin g

the Gram Panchayat for such period.

(4) Gram Panchayat reconstituted upo n the dissolution of the existing Gram Panchayat before the expiration or its duration, shall continue only for the remainder of the period for wh ich the dissolved Gram Panchayat would have continued under section 4 5 had it not been so dissolved. 1129-A. Dissolution of Gram Pa nchayat in exceptional

circumstances.— (1) Notwithstan ding anything contained in sectio n 29,

where a Gram Panchayat has comple ted its term as specified in section 1

of this Act or election thereto has been announced and the State Government considers it necessary in public interest so to do, it may dissolve a Gram Panchayat by an order published in the Official Gazette.

(2) When a Gram Panchayat is dissol ved under sub-section (1),-

(i) Sarpanch and all Panches shall vacate their offices forthwith;

(ii) all powers and duties of the Gram Panchayat during its:

dissolution, shall be exercised and performed by such person

or persons, as the State Govern ment may appoint in this

behalf, and

(iii) all property in the possession of the Gram Panchayat shall be held by the State Government] CHAPTER - Ill

FUNCTIONS, POWERS AND DUTIES OF

GRAM PANCHAYATS

30. Functions of Gram Panchayats .- Subject to such conditions as m ay

be prescribed by the State Gov ernment from time to time, the Gram

Panchayat having regard to the availability of funds at its disposa l, shall

perform the functions specified belo w: -

(l) General functions -

(i) | preparation of annual plan s for the development of the pa nchayat

area,

(ii) preparation of annual budget,

(iii) mobilising reliefs in natural ca lamities including relief to the poor;

(iv) removal of encroachments on pub lic properties;

—_—_—_————

1. inserted vide Punjab Act No. 24 of 1998.

THE PUNJAB PANCHAYATI RAJ ACT, 1994 51

(¥) organising voluntary labour and contribution for community works;

(vi) maintenance of essential statistics of village; (vil) rendering assistance and implementation of development schemes pertaining to the village through its Gram Sabha;

(viii) promotion of unity and harmony among all the sections of society in the village;

(Il) Construction, repair and maintenance of community assets--

(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,

(d) — the lighting of public places;

(e) buildings for the accommodation of travellers;

(f) | ponds for animals, cattle and sheds for cart, bicycle, rickshaw, and auto stand;

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

(h) 'libraries and reading-rooms;

(i) the construction, repair and maintenance of public places and buildings of public utility under its own control or transferred to it by the State Government or any other authority;

(j) allotment of places for preparation and conservation of manure, and shifting them to far away places;

(k) construction and maintenance of culverts and bridges; and slaughter-houses,

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

(m) supply of water for domestic use and for cattle;

(n) community listening;

(0) prevention and control of pollution;

(p) maintenance of boats, ferries and all water ways;

(q) promotion of family welfare and population control;

(r) cleaning of public roads, drains, tanks, wells and other public places;

(s) construction and maintenance of public latrines;

(t) disposal of unclaimed corpses and carcasses;

(u) management and control of washing and bathing ghats; (Ul) Agriculture including Agriculture Extension —

THE PUNJAB PANCHAYATI RAJ ACT, 1994

(a) promotion and development of agriculture and horticulture;

(b) development of waste lands;

(d) destruction of weeds and pests,

(e) training and carrying out schemes for the improved methods of cultivation and management of lands to increase production,

(f) the organisation of young Farmers Clubs;

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

(IV) Animal Husbandry, Dairying and Poultry-

(a) improvement of breed of cattle, poultry and other livestock;

(b) promotion of dairy farming, poultry and piggery, (ce) grass-land development, preparation and distribution of improved variety of seeds of fodder and grass,

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

(e) collection and destruction of stray animals,

(f) first-aid centres, dispensaries and hospitals for animals including their health-care;

(¥) Fisheries -

promotion and development of fisheries in the village; (V1) Social and Farm Forestry, Minor Forest Produce Fuel and Fodder-

(a) _ planting and preservation of trees on the sides of roads and other public lands under its control;

(b) fuel plantations and fodder development;

(d) development of social forestry:

(Vil) Khadi, Village and Cottage Industries -

(a) promotion of Agro based rural and cottage industries;

(b) organisation of awareness camps, seminars and training programmes, agricultural and industrial exhibitions for the benefit of the rural areas;

(Vill) Rural Housing -

(a) distribution of house sites within its jurisdiction;

(b) maintenance of records relating to the house sites and other private and public properties;

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 53

(IX) Rural Electrification including Distribution of Electricity - providing for and maintenance of lighting of public streets and other places;

(X) Non-Conventional Energy Source - {a) promotion and development of non-conventional energy | schemes;

(b) maintenance of community non-conventional energy devices, including bio-gas plants;

: (c) propagation of improved chulhas and other efficient energy devices;

(XI) Poverty Alleviation Programme -

(a) promotion of public awareness and pdrticipation in poverty alleviation programmes for fuller employment and creation of productive assets etc.:

(b) selection of beneficlaties under various programmes through Gram Sabhas;

(a) promotion of public awareness and ea in primary and secondary education;

(b) ensuring full enrolment and attendance in primary schools and its management;

(X11) Adult and Non-formal Education-Promotion of Adult Literacy;

(XIV) Cultural Activities -

(a) promotion of social and cultural activities;

(b) the organisation of Mahila Mandals, organisation of Youth Clubs for promoting games and sports and execution of development, social and cultural activities in the Sabha areas;

(XV) Fairs and festivals —

(a) organisation and celebration of public festivals and fairs other \ than religious festivals,

t : (b) to organise, regulate and control local markets for sale and ; purchase of any product;

(XVI) Public Health and Family Welfare —

(a) implementation of family welfare and population control programmes;

(b) prevention and remedial measures against epidemics; | (c) regulation of sale of meat, fish and other perishable food articles;

(d) participation in programmes of human and animal vaccination; iliac issn

54 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(e) licensing of eating and entertainment establishments;

(f) destruction of stray dogs;

(g) regulation of curing, tanning and dyeing of skins and hides;

(h) regulation of offensive and dangerous trades;

(XVII) Women and Child Development —

(a) participation in the implementation of women and child welfar e

programmes,

(b) promotion of school health and nutrition programmes, (c} establishment, maintenance and management of matemity and child welfare centres and the construction and repair of all buildings connected therewith,

(XVIII) Social Welfare including welfare of the handicapped and mentally retarded —

(a) participation in the implementation of the social we lfare

programmes, including welfare of the handicapped, mentally retarded and destitute;

(b) monitoring of the old age and widows pension schemes,

(XIX) Welfare of weaker sections and in particular the Scheduled Castes -

(a) promotion of public awareness with regard to welfare of Scheduled castes and other weaker sections;

(b) participation in the implementation of the specific programmes for the welfare of the weaker sections;

(XX) Public Distribution System —

(a) promotion of public awareness with regard to the distribution of

essential commodities;

(b) monitoring the public distribution system.

31. Assignment of functions of Gram Panchayats. (1) The State Government may, by notification and subject to such conditions as may be

specified thereunder, assign to the Gram Panchayat such other funct ions

which may be deemed fit and proper for proper control, management and

administration of the Gram Panchayats.

(2) The State Government shall from time to time allot to the Gram Panchayat such funds or place at the disposal of the Gram Panchayat such sources of income as it may deem proper and sufficient for proper

discharge of functions to be entrusted under sub-section (1).

32. Special functions of Gram Panchayat.-- It shall be the duty of the Gram Panchayat within the Gram Sabha area to perform -

THE PUNJAB PANCHAYATI RAJ ACT, 1994 55

(a) the duties of the panchayat under the Punjab Village and Small Town Patrol Act, 1918 or amy other law for the time being in force; and

(b) such duties of village headman in connection with village watchman as the State Government may prescribe by rules under section 39-A of the Punjab Laws Act, 1872 or any other law for the time being in force.

33. Delegated functions of Gram Panchayats.-- (1) Notwithstanding anything to the contrary in this Act or any other laws for the time being in force, the Panchayat Samiti or Zila Parishad may as the case may be, and shall if so required by the State Government delegate, transfer any duty, function or property for proper and efficient control, management and administration to the Gram Panchayat;

(2) The Panchayat Samiti or Zila Parishad, as the case may be, shall place sufficient funds at the disposal of the Gram Panchayat' for performance of the duties so delegated for proper contro! and administration of the properties so transferred to the Gram Panchayat in case of default, the State Government may by order in writing direct the person having the custody of Panchayat Samiti Fund of Zila Parishad Fund to place funds at the disposal of the Grarn Panchayat.

34. Power to require removal of encroachments and nuisance.-- (1) A Gram Panchayat either suo moto or 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 any 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 wall tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious 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;

56 THE PUNJAB PANCHAYATI

RAJ ACT, 1994

_ Se

(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;

building or property in a sanitary state.

(d) the owner of any dog or other an imal suffering or reasonably suspected to be suffering from rabie s or which is dangerous to destroy or confine or cause to be confin ed such dog or animal,

{e) the owner or occupier of any ag ricultural land to destroy pohil or any other such harmful weed from such l and,

(f) the owner or occupier concerned to reclaim an unhealthy place, {g) the owner or occupier of any buildi ng 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 iné state of reasonable repair. i or if he objects s

o to do, to appear before it, at a t ime and place to be

fixed by the order, and to move to hav e the order set aside or modified ir the manner hereinafter provided. i: (2) If the owner of

occupier of any building or land d oes not perforn

such act or appear and show cause , the order shall be made absolut e an

iy if he appears and sh

ow cause against the order the Gr am Panchayat sha

A take evidence and if i

t Is satisfied that the order is not reasonable an

i proper no further pr

oceedings shall be taken in the c ase and if it is nots

Alt satisfied the order shall be made absolute

i] (3) If such an act is n ot perforned within the time fixed, the Grar

13) Panchayat may cau se it to be performed and may recover the costs |

performing it from such person. l 35, Power of Gram Pan chayat to make general order.-- A Gra

" Panchayat may by ge neral order to be published in the manner prescribec

i (a) prohibit the

use of water of a well, pond or other excavalic

suspected to be dangerous to the public health;

ft (b) regulate or

prohibit the watering of cattle or bathing or washing

or near wells, ponds, or other ex cavations, reserved for drinki ' water,

(c) regulate or prohibit the steepi ng of hemp or any other plant in near ponds or other excavations within two hundred and twer yards of the residential area of a vill age:

4 (d) regulate or

prohibit the dyeing or tanning of skins within fc

hundred and forty yards of the residen tial area of a village,

(e) regulate or prohibit the excavatio n of earth;

THE PUNJAB PANCHAYATI RAJ ACT, 1994 57

(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 the village;

(g) direct that the carcasses of all dying within the village except animals slaughtered for consumption shall not be disposed of within a radius of four hundred and forty 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 extensions or alterations of any existing buildings or the abadi;

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

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

(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 water courses meant for irrigation purposes;

(m) regulate the killing of stray dogs; (n)} regulate the slaughter of animals; and

(0) prohibit beggary;

(p) direct the taking of measure for the prevention of waterlogging;

(q) regulate the flaying and disposal of dead animals; (rf) prohibit the sale of harmful eatables within the Gram Sabha area; and

(s) regulate offensive and dangerous trades or practices. Comments

Sewerage treatment Plant -- Gram Panchayat passed a resolution for installation \ of Sewerage Treatment Plant in the cremation ground -- 70% of the pipe lines have been laid — At this stage shifling of Water Sewerage Treatment Plant cannot be ordered on the ground thal some people are aggrieved. Bibi Harbhajan Kaur etc. v. Stale of

. Punjab and others, 2008(1) L.A.R. 564 (P&H DB).

36. Penalty for disobedience of special or general order of the Gram Panchayat.-- Any person who disobeys an order of the Gram Panchayat made under sections 34 and 35 shall be liable to a penalty which may extend to fifty rupees and if the breach is a continuing breach, with a further penalty which may extend to five rupees for every day after the first day during which the breach continues:

58 THE PUNJAB PANCHAYATI RAJ ACT, 1994

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

37. Appeal against orders of Gram Panchayat.-- Any person aggrieved by an order of the Gram Panchayat made under section 36 may, within a period of thirty days of the date of such order, prefer an appeal to the District Development and Panchayat Officer whose decision shall be final and shall not be liable to be questioned in any court of law.

38. 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 Department of Irrigation, Forest guard, Patwari, or vaccinator, canal overseer, head constable, game watcher or any other class of public servants to which the State Government may, by notification, extend the provisions +f 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.

(2) The authority referred to in sub-section (1) 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 construed as empowering the Gram Panchayat to summon any such officials or to exercise control disciplinary or otherwise, over them.

39, 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 law, 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 and the result of the action taken thereon shall be communicated to the Gram Panchayat.

40, Power to introduce prohibition.-- (1) A Gram Panchayat, may by a resolution supported by at least two-thirds of panches holding office for the time being passed at any time on or after the first day of April, and on or before 30th day of September in any year, direct that intoxicating liquor be not sold at any licensed shop within the Gram Sabha area, notwithstanding any resolution passed by an empowered local body under section 5 of the Punjab Local Option Act, 1923, or any other law for the time being in force, such resolution shall be effective from the first day of April, of the year following the date when it is so passed and shall immediately 'be communicated to the Excise and Taxation Commissioner, Punjab.

(2) Notwithstanding anything contained in the Punjab Excise Act, 4914, and the rules made thereunder, or any other law for the time being in

THE PUNJAB PANCHAYATI RAJ ACT, 1994 59

force, 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, Punjab:

Provided that if the Excise and Taxation Commissioner, Punjab 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 Jocal area, such resolution shall not be binding upon him, unless the : State Government orders that it shall be so binding.

Comments

Prohibition — There was no material before the Commissioner on the basis of

which it could have been concluded that "illicit distillation or smuggling of alcohol has been carried on or connived at within two years, preceding the date of the passing of the resolution" in village Tarkheri Kalan - Held that prohibition is one of the declared principles of State Policy. Article 47 of the Constitution categorically requires the State to promote prohibition. If a Gram Panchayat, which is an instrumentality of Local Government at the grass-root level, has passed a resolution to introduce prohibition in the village, the State should help it rather then stretch facts lo find an excuse to interfere — The order passed by the Excise and Taxation Commissioner does not fall within the provisions of Section 40 of the Act — Gram Panchayat Village Terkheri Kalan Vis Excise and Taxation Commissioner, Punjab and others 1999 (3) PLR 36 (P&H High Court DB).

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

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

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

42. Power of 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 assistant 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 rules or bye-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 bye-laws, to make or execute:

Provided that —

(a) except when it is under this Act othenvise expressly provided no such entry shall be made between sun-set and sun-rise; oR 2 Seam

THE PUNJAB PANCHAYATI RAJ ACT, 1994

(b) sufficient notice shall in every instance be given ev en when any

premises can otherwise be entered without notice to enabl e 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

of the occupants of the premises entered.

43. Power regarding naming of streets and numbering of buildings.-

(1) 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 posi tion or

manner as it may think fit;

(b) cause a number to be affixed to or painted on a ny 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 build ing a different name

or number from that affixed or painted by or under the or der of the Gram

Panchayat, shall, on conviction, be liable to a fine which m ay extend to fifty

rupees.

CHAPTER - IV

JUDICIAL FUNCTIONS OF GRAM

PANCHAYATS

44. Powers and jurisdiction of Gram Panch ayat over criminal

offences.-- (1) Gram Panchayat shall exercise pow ers and shall have

jurisdiction over matters laid down in Schedule II.

(2) For the purpose of deciding whether an offence fall s within the

jurisdiction of a Gram Panchayat. the provisions of sec tions 176 to 181 of

the Code of Criminal Procedure, 1973-shall appl y.

(3) A Gram Panchayat shall be deemed to be criminal court when

trying criminal cases.

Comments

Schedule Il — Offence punishable u/s 294, 323 a nd 341 IPC are offences

cognizable by the Gram Panchayat — Consequently case withdrawn from the court of .

Chief Judicial Magistrate and transferred to Gram Panchayat for trial in accordance with

l s e e

THE PUNJAB PANCHAYAT RAJ ACT, 1994 61

the provisions of section 44 and Schedule II of the Act. Gurmail Singh v. The State of Punjab, 2006(2) L.A.R. 487 (P&H),

45. Transfer of proceedings.-- Any Magistrate before whom a complaint or report by the Police of any offence triable by a Gram Panchayat is brought or who takes cognizance of any such offence upon his own knowledge or suspicion shall transfer the proceedings to a Gram Panchayat of competent jurisdiction:

Provided that a Chief Judicial Magistrate may for reasons to be recorded in writing, transfer any criminal case from Gram Panchayat to another Gram Panchayat of competent jurisdiction or to another court subordinate to him.

46. Exclusion of certain case.-- (1) Subject to the provisions of sub- section (3), no Gram Panchayat shall take cognizance of any offence under the Indian Penal Code, 1860, in which either complainant or the accused is a public servant.

(2) When information relating to the commission of a cognizable offence triable by a Gram 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 Gram Panchayat competent to try such an offence and such Gram Panchayat 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:

Provided that such an officer shall send the information to the Gram Panchayat after the conclusion of the investigation.

(3) No criminal cases shall be heard, by any Gram panchayat when criminal case on substantially the same facts against the same person has been heard and finally decided by the competent court or Gram Panchayat or is pending therein, or before it.

47. Cognizance of criminal cases.-- (1) A criminal case before a Gram Panchayat shall be instituted on a complaint in writing and on payment of fee prescribed in Schedule Ill by presenting it in person to the Sarpanch, and in his.absence, to any Panch or by sending it by registered post to the Gram Panchayat -

Provided that if the court fee stamp is not available at the place where the Gram Panchayat ordinarily sits or at the place from where the complaint is sent an equivalent amount may be paid in cash or sent to the Gram Panchayat by money order.

(2) The particulars of the complaint shall be recorded by the Secretary the Gram Panchayat in the register prescribed for the purpose.

(3) Notwithstanding anything contained in sub-section (1), a Gram 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

62 THE PUNJAB PANCHAYAT! RAJ ACT, 1994 Code, 1860 and under sections 3 and 4 of the Punjab Juvenile Smoking Act, 1918.

48. Action on complaint.-- (1) The Gram Panchayat may, after examining the complainant and the witnesses, if any, and after such further enquiry, as it may deem necessary, either dismiss the complaint or summons the accused.

(2) The Gram Panchayat may dismiss the case if the complainant is absent on any day fixed for hearing of the case or for want of prosecution and such order shall, subject to the provisions of sub-section (3), operate as an acquittal.

(3) If the complainant satisfies the Gram Panchayat that his absence for want of prosecution of the case on his part was due to a sufficient cause, the Gram Panchayat may set aside the order of dismissal and revive the proceedings:

Provided that no order of dismissal shall be set aside unless: -

(i) an application for the purpose is made by the complainant within thirty days of the passing of such order, and

(ii) a notice of the application has been served upon the accused if the dismissal was made after appearance of the accused before the Gram Panchayat.

49. Power of Gram Panchayat to refuse to entertain criminal case.- - (1)

If at any time it appears to the Gram Panchayat that the offence is one for which the sentence which the Gram Panchayat is competent to pass would be inadequate, it shall send the record of the case by order in writing t o the

Chief Judicial Magistrate.

50. Proceeding on failure of the accused to appear.-- (1) if the accused fails to appear or cannot be found, the Gram Panchayat shall report the

facts to the Magistrate having jurisdiction over the area.

(2) The Magistrate shall issue the summons or warrant for the arres t of

the accused and in case of a warrant, shall direct by endorsement on the

warrant that if such person executes a bond in certain amount wit h or

without sureties for his attendance before himself in the manner provided in section 71 of the Code of Criminal Procedure, 1973, he shall be release d

from custody.

(3) When the accused appears before the Magistrate he may direct him to execute a bond with or without sureties in the amount to be named to appear before the Gram Panchayat at its next meetings and it shall be

the duty of such accused to enquire the date and time of the next meeting

of the Gram Panchayat. as

(4) On his failure to execute such a bond if required to do so un der

sub-section (3) of the Magistrate shall order that the accused may be produced in custody before the Gram Panchayat at its next meeting.

THE PUNJAB PANCHAYATI RAJ ACT, 1994 63

(5) If the accused fails to appear before the Gram Panchayat after executing a bond under sub-section (3), the Gram Panchayat shall report the fact to the Magistrate before whom the bond was executed and such Magistrate shall proceed under sub-section (2) to compel the attendance of the accused and also to realise the amount of bond under Chapter XXXIII of the Code of Criminal Procedure, 1973.

51. Prompt disposal of criminal cases.-- (1) The Gram 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 Gram Panchayat on any subsequent day or days to which the trial may be adjourned.

(2) The amount of bond to be executed under sub-section (1) if, forfeited shall be recoverable by the Gram Panchayat as if were a fine imposed by it.

(3) If the accused fails to execute the bond required by sub-section (1), the Gram 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 (4) and (5) of section 50.

52. Punishment.— (1) A Gram Panchayat may on conviction -

(a) sentence the accused to a fine not exceeding two hundred rupees or double the value of the damage or loss caused by this Act, whichever is greater :

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

(b) discharge him after due admonition;

(c) require him to execute within such time as the Gram 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 an offence triable by the Gram Panchayat for any period not exceeding twelve months; or

(d) where in the opinion of Gram Panchayat he is under eighteen years of age, require his father or his guardian to execute within such time as the Gram 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 Gram 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 Gram 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

64 THE PUNJA

B PANCHAYAT! RAJ ACT, 1994 a

within the time fixed the accused sh all be punishable with fine which m ay

extend to one hundred rupees.

(3) Where a Gram Panchayat imposes a this section and such fine is not paid as required it shall record a n order

declaring the amount of fine impose d and that it has not been paid, and

shall forward the same to the nearest J udicial Magistrate who shall proceed to execute it as if were an order passed by himself, and such Judicial Magistrate may also sentence the accused to imprisonment in default of

payment.

fine under the provisions

fine is imposed under this

Act, the Gram

53. Compensation.-- (1) If a rt of the fine recovered to be

Panchayat may order the whole or a ny pa

applied -

(a) in defraying expenses properl y incurred in

complainant; and

(b) in compensation for any mate rial damage or

the offence committed.

(2) If the Gram Panchayat co nsiders that a case is flaw or frivolous or

vexatious it may call upon th e complainant to show cause why he should

not pay compensation to the ac cused.

(3) The Gram Panchayat shall record and consider any cause which

the complainant may show un der sub-section (2) and if itis as satisfied that

the case was false, frivolous oF vexatious, may for reason, to be recorded

direct that compensation not exceeding rupees fifty shall be paid by the

complainant to the accused. the case by the

loss caused by

54. Conviction by Gram Panc hayat not Previous Conviction .-- No

shall be deemed to be previo us conviction for the conviction under this Act purpose of section 75 of the Indian Penal Code, 4860 or se ction 355 or

section 360 of the Code of Crim inal Procedure, 4973.

55. Supervision of Criminal pr oceedings by Chief Judicial Ma gistrate.-

(1) The Chief Judicial Magistra te, if satisfied that a failure of justice has

occurred, may, of his own motion or on an applicatio n of the party

aggrieved by order in writing after notice to the accused , or the

complainant, as the case ma y be, cancel or modify any order in a judicial

proceeding made by a Gram Panchayat or direct the re trial of any criminal

case by the same or any other Gram Panchayat of competen t jurisdiction

subordinate to him.

(2) A fee of one rupee shall be paid on

under sub-section (1). —

every application, to be filed nd judicial powers.-- (1) Notwi thstanding anything

56. Civil, revenue a time being in force-and subjec t torthe

contained in any other law for the

h tk yy =< —

ab od a

-— o

THE PUNJAB PANCHAYAT! RAJ ACT, 1994. 65 other provisions of this Act, the jurisdiction to try any of the suits mentioned hereunder shall vest ina Gram Panchayat,-

(a) suits for the recovery of movable property or the value of such property:

(b) suits for money or goods due on contracts or price thereof:

(d) suits mentioned in clauses (j), (k), (\) and (n) of sub-section

(3) of section 77 of the Punjab Tenancy Act, 1887, or any other law for the time being in force.

(2) The pecuniary limits of jurisdiction of a Gram Panchayat shall be five hundred rupees in respect of all suits falling under sub- section (1).

57. Gram Panchayat to be deemed to be civil or revenue court.-- The Gram Panchayat when trying suits referred to in section 56 shall be deemed to be a civil court or revenue courts, as the case may be, unless relinquished in part, the suits shall include the whole of the claim and no subsequent suits shall lie before the Gram Panchayat or any other court for any claim or a part thereof relinquished or omitted.

58. Limits to jurisdiction.-- No suit shall lie before a Gram 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.

59. Transfer of suits.-- (1) Any other court before whom a suit triable bya Gram Panchayat is filed shall transfer the suit to the Gram 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 the Gram Panchayat to another Gram Panchayat of a competent jurisdiction or to another court subordinate to him.

60. Exclusion of Gram Panchayat jurisdiction.— No suit shall lie in a Gram Panchayat —

(a) on a balance of a partnership account;

(b) for a share or a part of 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 local authority or a public servant or a Gram Panchayat or Market Committee constituted under the Punjab Agricultural Produce

we _

Markets Act, 1961 or any ot her law for the tim (d)

(e)

ig)

THE PUNJAB PANCHAYAT! RAJ

ACT, 1994

e being in force, or when any such party is, in the opinion of the Gram P anchayat a

necessary party,

by or against a minor or a pe rson of unsound mind or wh en any

such person is in the opini on of the Gram Panchayat a necessary

party;

against an insolvent for a cla im pertaining to the time prio r to the

admission of his insolvency petition,

an account of any dispute or matter regarding which any suit or

application may be made in a revenue court as defi ned in the

Punjab Tenancy Act, 1887 except as provided by clause (d) of

sub-section (1) of section 56; in which the matter directly and substantially in issue is pending

for decision or has been he ard and finally decided by a Court of

competent jurisdiction in a former suit between the same parties

or those under whom they cla im.

61. Limitation.-- (1) The provisions of any law fixin g a period of limitation for civil or revenue procee dings shall be deemed to be amended to the

extent that the period of limitati on of any suit triable by a Gram Panchayat

shall not exceed three year s.

(2) Any time spent on pro ceedings before a Gram P anchayat to which

the provisions of this sec tion are applicable shall be excluded from any period of limitation prescrib ed by law for suits in other courts.

62. Institution of suits.--

(1) Any person, who wi shes to institute a sult before a Gram Panchaya t, shall present a pet ition in writing to the Sarpanch, or, in his abse nce, to any Panch and shall at the time pay the fees prescribed in Schedule

III:

Provided that if the court f ee stamp is not available at the place where

the Gram Panchayat o rdinarily sits, an equiva lent amount in cash s hall be

paid.

(2) Any petition presented under sub-section (1) s hall be entered in a register of suits, to be ma intained in such form and by such person as the State Government may presc ribe.

63. Wrong institution o f suits.-- If at any time, it appears to the Gram Panchayat that it has no j urisdiction to try a suit, it s hall direct the petitioner, by order in writing, to file hi s suit in the proper court.

64. Summary dismissal.-- If upon the face of the petiti on, or on examining

the petitioner, a Gram Panch ayat is of opinion that the petition is vexatious or frivolous or barred by li mitation or discloses no cau se of action, it shall dismiss the petition by order in writing.

—

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 67

65. Necessary Parties in suits.-- (1) Subject to the provisions of clauses

(c) and (d) of section 56 of the Gram Panchayat shall add as parties to suit any person whose presence as parties it considers necessary for a proper decision thereof and shall enter the names of such parties in the register of suits, and 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 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 beer finally decided and the right to sue still survives the suit shall subject to the provision of clause (d) of section 56 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 it has been presented to the Gram Panchayat within thirty days of the death or within such further period as the Gram Panchayat may, for sufficient cause allow.

66. Summons.-- If suit is not dismissed under section 64 the Gram Panchayat shall by summons require the defendant to appear before it and answer the petition.

67. 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 Gram Panchayat he shows negligence in prosecuting his suit, the Gram Panchayat may dismiss the suit unless the defendant admits all or any part of the claim, when it shall be decreed accordingly.

(2) A Gram 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 Gram Panchayat may allow, the plaintiff satisfies the Gram 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 appearance before the Gram Panchayat.

1 { (3) A fee of one rupee shall be paid on every applic ation for restoration

' i under sub-section (2).

oat

te,

68. Ex parte decision.— (1) If the defendant fails to appear and the Gram Panchayat is satisfied that he has received notice of the date fixed for the i hearing or that he is intentionally evading service, the Gram Panchayat may proceed ex parte.^a

i a

68 THE PUNJAB PANCHAYAT! RAJ ACT, 1994

(2) Any defendant against whom a suit has been decided ex parte, may within thirty days from the date of executing any process for

enforcement of the decision or within such further period a s the Gram

Panchayat may for sufficient cause allow, apply orally or i n writing to the

Gram Panchayat, to set aside the order, and the Gram P anchayat, 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 int entionally

evading service of summons, shall set aside the decision and shall a ppoint

a day for proceeding with the suit, but no such order sh all be passed

without notice to the opposite party.

(3) A fee of one rupee shall be paid on every application und er sub-

section (2) for setting aside an ex parte decision.

69. Final decision.-- (1) At the conclusion of the trial, the Gra m Panchayat

shall pass a decree in writing with or without costs of t he suits in such

forms as the State Government may by rules prescribe and shall enter

particulars of the decision in register of suits.

(2) If any money is paid over or if any property is transferre d in the

presence of Gram 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 Gram Panchayat shall be exe cuted by it in

such manner as may be prescribed and if the Gram 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.

70. 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 a ny decree or order

made by a Gram Panchayat in civil or revenue suit or direc t the retrial of

the suit by the same or any other Gram Panchayat of competent

jurisdiction or by any other court subordinate to him if he i s satisfied that

there has been a failure of justice whether on a point of fact or point of law.

741. Provisions of the Code of Criminal Procedure, 4973, and the Code

of Civil Procedure, 1908 to apply only where provided.--

(1) The provisions of the Code of Criminal Procedure, 1973, the Code of Civil

Procedure, 1908, and of the Indian Evidence Act, 1972. shall not apply to

proceedings before Gram Panchayats save to the extent mentioned in this

Act, but the Gram 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 Gram Panchayat shall maintain a br ief memorandum of

proceedings of each case tried by it.

te, for am

'as ally int ed

fat th ter he

THE PUNJAB PANCHAYATI RAJ ACT, 1994 69

(3) All orders, sentences and decrees shall be passed in accordance with the decision of the majority of the members present and voting:

Provided that in the case of equality of votes, person, presiding at such meeting shall in addition to his own vote as a member, have a second or casting vote.

(4) All orders, sentences and decrees passed under sub-section (1) shall be announced in an open meeting of the Gram Panchayat by the person presiding at such meeting and decision shall be recorded and it shall be duly signed by all the members of the Gram Panchayat attending the meeting: ;

Provided that any member not concurring in the decision may record the dissenting note which will form part of the decision.

72. Bar to personal interests. (1) No Sarpanch or Panch of a Gram 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 Gram Panchayat shall send the case or the suit to the Chief Judicial Magistrate or the District Judge or the Collector having jurisdiction, as the case may be, for disposal in - accordance with law.

73. 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 Gram 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) The provisions of the Oaths Act, 1969 shall apply to judicial proceedings before a Gram Panchayat.

74. Bar to legal practitioners.-- Notwithstanding anything contained in the Legal Practitioners Act, 1879, no legal practitioner shall be permitted to appear, plead or act before a Gram Panchayat for any party in any judicial proceedings under this Act.

75. Appearance of agents.-- (1) A woman or any other person specially permitted by a Gram 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 practitioner or any person employed as a clerk to any legal practitioner or any petition writer or tout declared as such under section 36 of the Legal Practitioners Act, 1879.

70 THE

PUNJAB PANCHAYAT! RAJ

ACT, 1994

76. Difficulties in respect of having no jurisdictio n.-- if at any time, it appears to a Gram Panchayat, —

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

(b) that a case ora suit is of such a nature or of s uch difficulties that it should be tried by another co urt.

it shall, by order in writin g, stating, therein, the d ates of presentation and return of the petition, di rect the complainant or the petitioner, as the ca se

may be, to present the c omplaint or petition to the proper court.

77. Attendance witnesse s.-- (1) A Gram Pancha yat may by summons send for any person to appear and give evidence or cause the production of any document, —

(a) no person who is e xempt from personal ap pearance in court under sub-section (1) of section 133 of the Code of Civil

Procedure, 1908 shall be required te appear in pers on before

a Gram Panchayat in a civ il suit;

(b) a Gram Panchayat may refuse ta summon 4 witness or to enforce a summons alr eady issued against a witness, when

in its opinion the attendan ce of the witnesses cann ot be

procured without an amount of delay, ex pense oF

inconvenience which i n the circumstances would be

unreasonable;

its jurisdiction to give evidence or to produce a document

unless such a sum of m oney be paid to him as appears to the

Gram Panchayat to be sufficient to defray his r easonable

expenses,

(d) no woman shall b e compelled to appear as a witness in person before a Gram Panchayat, she may, h owever, be

examined on commissio n in the manner prescr ibed, and

(e) ifa document is prod uced in obedience to a s ummons issued

under this section, the Gram Panchayat shall cause the

document to be copied, mark the copy after com paring with

the original to be a true copy and return the original to the

person producing the sa me.

(2) If any person, who m the Gram Panchaya t summons by written order to appear or give evidence or to produc e any document before it.

willfully fails to obey such summons, the Gr am Panchayat may t ake

cognizance of such dis obedience and after giv ing such person, an opportunity to explain may, on conviction se ntence him to a fine not

exceeding twenty-five ru pees.

78. Processes.-- (1) E very summons issued by a Gram Panchayat shall

be drawn up in such for m and shall be signed or sealed in such manne r as

may be prescribed.

THE PUNJAB PANCHAYATI RAJ ACT, 1994 71

(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 Gram 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 Gram panchayat may forward the summons to the Gram panchayat within the local area of whose jurisdiction the accused or the defendant resides and such Gram 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 jurisdiction of a Gram Panchayat, the Gram Panchayat may, where it is not possible to serve the summons, through another Gram Panchayat forward the summons to the nearest Judicial Magistrate who shall cause it to be served as if it were a summons issued by himself.

79. Transfer application.-- (1) If in any criminal case or civil or revenue suit before a Gram 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 Chief Judicial Magistrate or the District Judge or the Collector, as the case may be, for the transfer of the case or suit, the Gram 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 Gram 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 Gram 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 Gram Panchayat as if it were a fine imposed by itself.

80. Stay of proceedings.-- The Chief Judicial Magistrate or the District Judge or the Collector, as the case may be, on an application for transfer, order a Gram Panchayat to stay the proceedings pending before if and on receipt of such order the Gram Panchayat shall stay the proceedings.

81. Payment by instalments.-- 4 Gram 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 by delivered by instalments.

72 THE PUNJ

AB PANCHAYATI RAJ ACT, 19

82. Finality of decisions.-- (1) A Gram Panchayat shall not be competent

to cancel, revise or alter any sen tence, decree or final orders pas sed by it

in any judicial proceedings, exce pt ex parts decree or orders; an d subject

to the provisions of sections 59 and 74 no sentence, decree or other order

passed by Gram Panchayat in judicial proceedings shall be subject to

appeal, or revision by any other co urt or authority.

Res judicata. (2) The provisions of sections 10 and 11 of the Code of

Civil Procedure, 1908 and sec tion 300 of the Code of Crimi nal Procedure,

1973, shall apply to all civil, revenue and criminal proceedi ngs before a

Gram Panchayat.

83. Custody of money.-- Any sum realised by a Gram Pan chayat by way

of judicial fees or of judicial fin es shall be credited to the Cons olidated Fund

of the State in the manner prescrib ed.

84. Contempt of Court.-- (1) Th e provisions of sections 345 and 346 of

the Code of Criminal Procedur e, 4973, shall apply to judicia l proceedings

under this Act:

Provided that the fine imposed f or contempt of court shall not ex ceed

one hundred rupees.

(2) The provisions of sectio ns 299, 452 and 456 of the Code of

Criminal Procedure, 1973, s hall apply to criminal procee dings before a

Gram Panchayat and if any order made by a Gram Panchayat in rel ation to

section 452 and section 456 of said Code is not complied with, the Gram

Panchayat shall forward the s ame to the nearest Judicial Ma gistrate who

shall proceed to execute it as it w ere an order passed by himself. CHAPTER - V

PROPERTY, FUNDS, FINANCE

AND

ACCOUNTS OF GRAM PANC

HAYATS

85. Property of Gram Panch ayat.-- (1) A Gram Panchay at shall have

power to acquire, hold and dis pose of property and to enter i nto contract:

Provided that in all cases of acquisition or disposal of immovable

property by the Gram Pancha yat, it shall obtain the prior approval of the

State Government.

(2) All property within the l ocal limits of the jurisdiction of Gram

Panchayat of the nature herein after in this section specified, other than

property maintained by the Central G overnment or the State Government or a local authority or any other Gram Panchayat, shall vest in a nd belong

to the Gram Panchayat, and shall, with all other property o f whatsoever

—_—<—_—_$——_$__$——

o k a Ss |

THE PUNJAB PANCHAYATI RAJ ACT, 1904 3

nature of kind which may become vested in the Gram Panchayat, be under its direction, management and control, that is to say —

(a) all common properties;

(b) all public streets, including the soil, stones and other materials thereof and all drains, bridges, culverts, street, erections, materials, implements and other things provided for such streets;

(c) all public channels, water courses, springs, tanks, ghats, reservoirs, cisterns, wells, aquiducts, conduits, tunnels, pipes, pumps and other water works whether made, laid or erected at the cost of the Gram Panchayat or otherwise, and all bridges, buildings, engineer works, materials and things connected therewith or appertaining thereto and also any adjacent land (not being private property) appertaining to any public tank:

Provided that water pipes and waterworks, connected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, workshop or the like primarily for the use of their employees shall not be deemed to be public waterworks by reason of their use by the public.

(d) all public sewers and rains, and all works, materials and things appertaining thereto and other conservancy work:

Provided that for the purpose of enlarging, deepening or otherwise repairing or maintaining any such sewer or drain the sub-soil appertaining thereto shall also be deemed to vest in the Gram Panchayat.

(e) all sewage, rubbish and offensive matter deposited on streets or collected by the Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other places:

(f) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto; and

(g) all buildings erected by the Gram Panchayat and all lands and buildings or the property transferred to the Gram Panchayat by the Central Government or the State Government or acquired by gift, purchase or otherwise for local public purposes.

(3) The State Government may, by notification, exclude any street, bridge or drain from the operation of this Act or of any specified section of this Act:

Provided that if the cost of the construction of the work had been paid from the Gram Panchayat Fund, such work shall not be excluded from the operation of this Act or any specified section of this Act, except after consideration of the views of the Gram Panchayat at a meeting.

74 THE PUNJAB PANCHAYA

T! RAJ ACT, 1994

(4) The State Government may allocate to a Gram Panchayat any

public property situated within its local j urisdiction and thereupon such property shall vest in and come under the control of the Gram Panchayat. Comments

Punjab Village Common Lands (Regulation ) Act, 1961 (18 of 1961), Section 2(g) -- Public utility property - Common p urposes — usage of -- Vesting of - Gram Panchayat -- Right of -- All the properties w hich are being used for common purposes of are being used as public utility properties wheth er part of the Shamlat Deh or not,

shall vest in the Gram Panchayat. Sohan Lal and another v State of Punjab and others, 2011(2) L_A.R. 262 (P&H).

Punjab Village Common Lands (Regulation ) Act, 1961 (18 of 1961), Section

2(g) -- Turf massandan -- Shamilat

deh — Vest in Panchayat -- Land is

a turf

magsandan used as a resting or meeting p lace, may be by patti massandan. but the said land certainly falls within the definitio n of Section 2 (g) of the Punjab Village Common Lands (Regulation) Act, 1964

and the same vests in the Gram Pancha yat in

view of Section 85 of the Punjab Panchayat i Raj Act, 1994. Jagtar Singh v. Shingara Singh and another, 2012(2) LAR. 633 (P&H) Punjab Village Common Lands (Regulat ion) Act, 1964 {18 of 1961), Section 2(l) - Common land — Right to gale -- T hough the land may have been reserved o r

used by the proprietors of the palti for th e pumose of resting, convening meetings , but

the same having been not for the purpose of exelusive use of any individual and it having been reserved for the common pu rpose of the community, is the common land

vesting in the gram panchayat, therefore, vend ors of the defendant could not transfer the site in dispute to the defendant trealing the same to be their own -- Had it been outside the red line, then the status could be treated as different but the land falling within the red line of the village and used for the common purpose could not be said to be the ownership of the proprietors of the patti, Jagtar Singh v. Shingara Singh and another, 2012(2) L.A.R. 633 (P&H)

86. Gram Panchayat Fund.-- (1) For ever y Gram Panchayat there shall be constituted a Gram Panchayat Fund bear ing the name of the Gram

Panchayat and there shall be placed to the cre dit thereof-

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

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

(c) the balances and proceeds of al l funds which, in the opinion of the Collector, were or are being collected for. common

secular purposes of the village or vill ages comprised in the

Gram Sabha area;

(d) all donations;

(e) all taxes, duties, cesses, tolls and f ees imposed and realised

under this Act;

the sale proceeds of all dust, dirt, dung o r refuge collected by

the servants of the Gram Panchayat and dead bodies of

animals not claimed by any person in a ccordance with any

custom or usage and the trees and other produce of the land

vested in the Gram Panchayat,

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 75

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

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

(i) any other amount to be received by the Gram Panchayat from any other source or assigned by the Panchayat Samiti or the Zila Parishad or Government;

(2) The State Government shall every year assign to every Panchayat a portion of the land revenue not being less than forty percentum of the total annual land revenue realizable within the limits of the Gram Sabha area which shall be credited to the Gram Panchayat Fund.

(3) Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet —

(a) the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary:

Provided that the total expenditure on establishment shall not exceed one-third of the total expenditure of the Gram Panchayat in any year;

(b) every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act;

(c) the Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance to the credit of the Fund shall be kept deposited with a Scheduled Bank.

87. Custody and maintenance of Gram Panchayat records and properties.-- (1) The Sarpanch and in his absence the Panch authorised by the Gram Panchayat or by the Block Development and Panchayat Officer in this behalf shall be responsible for the safe custody of the movable properiy of the Gram Panchayat and such of its records as may be prescribed and immovable property belonging to or vested in the Gram Panchayat shall also remain in his charge.

{2) The Panchayat Secretary shall be responsible to maintain up-to- date all the record of the Gram Panchayat in the custody of the Sarpanch or the Panch an under section (1).

(3) The Sarpanch or Panch, as the case may be, shall before filing of his nomination papers for election or on vacation of his office due to any cause whatsoever shall handover complete charge of such record and property to the Block Development and Panchayat Officer.

(4) If the Sarpanch or the Panch fails to hand over such records or property as specified in sub-section (1) within the period as may be prescribed, the Block Development and Panchayat Officer may apply to an Executive Magistrate within whose jurisdiction the Gram Sabha area is situated for securing from such Sarpanch or Panch such records or property, as the case may be.

ee ol eee

16 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(5) On receipt of an application under sub-section (4), the Executive Magistrate may, by an order, authorise any police officer not below the rank of a Sub-Inspector to enter and search any place where such records or property are kept or are believed to be kept, and to seize them and the records and property so seized shall be handed over as soon as possible to the Block Development and Panchayat Officer concerned.

(6) Notwithstanding anything contained in this Act, whoever, in contravention of the provisions of this section wilfully evades the handing over of such record or property shall, on conviction by Judicial Magistrate of the first class be punishable with imprisonment either description which may extend to three years or with fine or with both. Comments

Punjab General Clauses Act, 1898 (1 of 1898), Section 15, 17 — Suspension/ Removal/Death of Sarpanch — Substitution of functionaries — Authorised Panch — Power of -- All the duties and functions lo be performed by the office of the Sarpanch shall also be performed by the authorised Panch having charge of the office of the Sarpanch -- Every authorised Panch to officiate the office of Sarpanch shall have same powers for the period he remains in the office, which usually can be exercised by the Sarpanch. Jeet Singh Panch v. State of Punjab and others, 2012(2) LAR. 252 (P&H). Punjab General Clauses Act, 1898 (1 of 1898), Section 15, 17 - Suspension/ Removal/Death of Sarpanch — Substitution of functionaries —- Authorised Panch — Power of — Suspension of Sarpanch does not mean that entire development works of the village shall not be allowed to proceed with -- Authorised Panch can spend money for the development work in the village as per valid resolution and prevailing law during the period Sarpanch remains suspended or post of Sarpanch remains unfilled due to suspension, removal or death of elected Sarpanch. Jeet Singh Panch v. State of Punjab and others, 2012(2) L.A.R. 252 (P&H).

88. Taxation measures by Gram Panchayat.-- (1) Subject to any rules as may be made under the Act or any other order made by the State Government in this behalf, the Gram Panchayat shall impose-

(a) tax on lands and buildings within the local limits;

(b) on professions, trades, callings and employments other than agriculture carried on or held within the local limits of its jurisdiction, a tax on the basis of the total annual income accrued from such professions, trades, callings and employments.

(2) Subject to such rules as may be made in this behalf, a Gram Panchayat shall levy a duty in the shape of an additional stamp duty on all payments for admission to any entertainment.

(3) The State Government may impose a duty on transfers of property in the form of surcharge on the duty imposed by or under the indian Stamp Act, 1899, on instruments of sale, gift and mortgage with possession of immovable property situated in the Gram Sabha area at such rate as may be fixed by the State Government not exceeding two percentum on as the case may be, the amount of consideration the value of the property or the amount secured by the mortgage, as set forth in the

—_—_—_—_———— TE ee

THE PUNJAB PANCHAYATI RAJ ACT, 1994. 77

instrument and the amount so collected shall be passed on to the Gram Panchayat.

(4) Subject to such maximum rates as the State Government may prescribe, a Gram Panchayat may levy the following fees and rates, namely: -

(a) fees on the registration of vehicles.

(b) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and meals within its jurisdiction as may be specified by the State Government by notification;

(c) a Water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Gram Panchayat within its jurisdiction:

(d) A lighting rate, where arrangement for lighting of public streets and places is made by the Gram Panchayat within its jurisdiction;

(€) a conservancy rate, where arrangement for clearing private latrines, urinals and cesspocls is made by the Gram Panchayat within its jurisdiction.

89. Financial assistance to Gram Panchayats.-- Every Gram Panchayat shall on the recommendation of the State Finance Commission constituted under Article 343-I of the Constitution of India or otherwise, shall be entitled

to receive grant-in-aid from the Consolidated Fund of the State as soon as

re-appropriation is made by law in this behalf,

90. Power to exempt from taxes and to write off irrecoverable amounts.-- Subject to such restriction and conditions 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.

91. Expenses of Gram Panchayats.-- All expenses of the Gram Panchayat shall be charged to the Gram Fund.

92. Recovery of dues as arrears of revenue.-- The Collector shall recover any sum due under this Act, other than sums due under decree passed by the Panchayat in exercise of its Civil jurisdiction or as fine imposed in the exercise of its criminal jurisdiction, as if they were arrears of land revenue.

93. Power of Gram Panchayat to borrow.-- With the sanction of the State Government, and subject to such conditions as may be prescribed, a Gram

2 THE PUNJAB PANCHAYATI RAJ ACT, 1994

Panchayat may borrow money for carrying out of any of the purposes of this Act.

94. Special tax and Community Servic e.-- A Gram Panchayat may, with the previous permission of the Director, impose a special tax on the adult male members of the Gram Sabha area for the construction of any public work of general utility for the in habitants of th e said Area:

Provided that it may exempt any member from Panchayat 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 emer gency manual labour may be

compulsorily imposed without payment an d if person does not perform

such labour without sufficient cause he shall be liable to be punished with a fine which may extend to fifty rupees.

95. Budget of Gram Panchayat.-- (1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and d isbursements for the following year and shall submit the budget to the Panchayat Samiti having jurisdiction over the area of the Gram Panchayat.

(2) The Panchayat Samiti may, within such time as may be prescribed, either approve the budget or return it to the Gram Panchayat for suc h

modification as it may direct and on such modification being made the budget shall be resubmitted within such time as may be prescribed f or

approval of the Panchayat Samiti.

(3) No expenditure shall be incurred u nless the budget is approved by the Panchayat Samiti and if the Panch ayat Samiti fails to convey its approval within the time prescribed f or the purpose, the budget will be deemed to have been approved by the Panchayat Samiti.

96. Accounts of Gram Panchayat. -- Accounts of the income and expenditure of every Gram Panchay at shall be kept in such form and manner as may be prescribed.

97. Audit of Accounts of Gram Panchayats.-- (1) The audit of the accounts of a Gram Panchayat shall he carried out by the authority as may be prescribed by the State Governm ent and a copy of the audit report shall

be forwarded to the Gram Panchayat within one month of the completion of

the audit.

(2). On receipt of the audit report referred to in sub-section (1), the Gram Panchayat shall either remedy the defects or irregularities which have been pointed out in the audit an d send to the Panchayat Samiti withi n

three months an intimation of its having done so or shall, within the said period, supply any further explanati on to the prescribed authority in r egard

to such defects or irregularities as it may wish to give.

THE PUNJAB PANCHAYATI RAJ ACT, 1994 79

CHAPTER - VI

CONSTITUTION OF PANCHAYAT

SAMITIS AND CONDUCT OF THEIR

BUSINESS

98. Establishment of Panchayat Samiti.-- (1) The State Government, by notification, direct that, with effect from such date as may be specified in the notification, there shall be constituted a Panchayat Samiti for every Block in a District.

(2) The Panchayat Samiti constituted under sub-section (1) shall save as otherwise provided in this Act have jurisdiction over the entire Block area excluding such portion of the Block area as is included in a Municipality or is under the authority of a Municipal Corporation, a Cantonment Board or a Notified Area Committee constituted under any law for the time being in force:

Provided that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Block and in such area may exercise its powers and function over the property and institutions under its ownership, control or management :

Provided further that the Panchayat Samitis already constituted under the Punjab Panchayat Samitis and Zila Parishads Act, 1961 shall be deemed to have been constituted under this Act.

(3) Every Panchayat Samiti shall, by the name of the Block for which it is constituted, be a body corporate having perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or any other law, shall be vested with the powers of suing or being sued in its corporate name, or acquiring, holding land, transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, or entering into contracts and of doing all things, necessary, proper and expedient of the purpose, for which itis constituted.

(4) When Panchayat Samiti is constituted for a Block under sub- section (1), and the Block is re-delimited, the State Government shall reconstitute a Panchayat Samiti for the re-delimited Block, under that sub- section.

99. Composition of Panchayat Samitis.-- (1) Every Panchayat Samiti shall consist of-

'[(a) fifteen to twenty five directly elected members from territorial constituencies in the Panchayat Samiti area as may be determined under section 100 of this Act, and notified by the

1. Substituted for clauses (a) and (b) by Punjab Act 11 of 2002.

80 THE PUNJAB PANCHAYATI RAJ ACT, 1994

State Government so far as practicable, having regard to the uniformity of population of each constituency;]

(c) Members of the Legislative Assembly of the State of Punjab major portion of whose constituency falls in the Panchayat Samiti area;

(d) Members of the Legislative Council of the State of Punjab of any, who are registered as electors within the Panchayat Samiti area.

(2) The members of the Panchayat Samiti whether or not chosen by

direct election form territorial constituencies in the Panchayat Samiti shall

have the right to vote in the meetings of the Panchayat Samiti except for election and removal of its Chairman or Vice-Chairman. :

400. Determination of number of directly elected members of Panchayat Samitis.-- Subject to the provisions of section 99, t he number

of directly elected members of a Panchayat Samiti shall consist of pers ons

directly elected from the territorial constituencies in the Panchayat Samiti area as may be notified from time to time by the State Government at the

trate of one member of '[every six thousand population] or part thereof of

the Panchayat Samiti area:

Provided that in a Panchayat Samiti having a population of n ot

exceeding ninety thousand there shall be a minimum of *[fifteen) direct ly

elected members and in a Panchayat Samiti having a population of more

than one lakh and fifty thousands the number of such members shal l not

exceed *[twenty five]:

Provided further that the population of each territorial constituenc y

shall, so far as practicable, be the same throughout the Panchayat S amiti

area.

100-A. "[----]

404. Delimitation of Territorial constituencies.-- (1) Subject to the

provisions of sub-section (2), the State Government shall, by notificatio n.

(a) divide the every Panchayat Samiti area for the purpose of election to such Panchayat Samiti into as many single member territorial constituencies as the number of members to be directly elected under section 99;

(b) determine the extent of each territorial constituency; and

1. Substituted for the words "every thirty thousand population " vide Punjab Act No. 11 of 2002.

2, Substituted for word "three" vide Punjab Act No. 11 of 2002

4. Substituted for word "five" vide Punjab Act No. 11 of 2002.

4. Section 100-A inserted by Punjab Act No. 15 of 2000 and omitte d by Punjab Act 11 of 2002.

THE PUNJAB PANCHAYATI RAJ ACT, 1994 81

(c) determine the territorial constituency or constituencies in which seats are reserved for the Scheduled Castes, Backward Classes and Women.

(2) Each Panchayat Samiti area shall be divided into territorial constituencies in such a manner that the ratio between the population of these constituencies and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat Samiti area. 101-A. '[--—}

102. Reservation of seats of Panchayat Samitis.-- Seats shall be reserved for —

(a) the Scheduled Castes; and

(b) the Backward Classes; in every Panchayat Samiti and the number of seats so reserved for Scheduled Castes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat Samiti as the population of the Scheduled Castes in that Panchayat Samiti area bears to the total population of that Panchayat Samiti area and such seats may be allotted by the rotation to different constituencies in a Panchayat Samiti. ;

(2) Not less that one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled by direct election in every Panchayat Samiti shall be reserved for women and such seats may be allotted by the rotation to different constituencies in the Panchayat Samiti area.

(4) One seat shall be reserved for Backward Classes in a Panchayat Samiti in which the population of Backward Classes is not less than twenty per cent of the total population of the Panchayat Samiti area.

103. Duration of Panchayat Samiti.-- (1) Every Panchayat Samiti, save as otherwise provided in this Act, shall continue for a term_of five years from the date appointed for its first meeting referred to in section no longer.

(2) No amendment of any law for the time being on force shall have the effect of causing dissolution of Panchayat Samiti which is functioning immediately before such amendment, till the expiration of duration specified in sub-section (1).

(3) The election to constitute a Panchayat Samiti shall be completed:--

1. Section 101-A inserted by Punjab Act No. 15 of 2000 and omitted by Punjab Act 11 of 2002

THE PUNJAB PANCHAYATI RAJ ACT, 1994

(a) before the expiry of its duration specified in sub-section (1):

(b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Panchayat Samiti for such period.

(4) Panchayat Samiti constituted upon the dissolution of a Panchayat Samiti before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat Samiti would have continued under sub-section (1) had it not been dissolved.

404. Notification of election and Oath of allegiance by members of

Panchayat Samitis.-- (1) Every election of a member of a Panchayat Samiti shall be notified by the State Government in the official Gazette and no member shall enter upon his duties until his election has bee n so

notified and notwithstanding anything contained in the Indian Oaths Act,

4969 until he has taken or made an Oath or affirmation of his alle

giance in

the form specified in Schedule |.

(2) If any such person refuses to take or make such oath or affirmation, as the case may be, shall be deemed to be invalid and a fresh

election shall take place. a

(3) No person whose election has been deemed to be invalid un der

sub-section (2) shall be eligible for election to any Panchayat S amiti for a

period oruwo years from the date on which he ought to have taken or made

such oath or affirmation.

405. Elections of Chairman and Vice-Chairman and term of of fice.--

The Deputy Commissioner concerned, or any officer appointed by him in

this behalf, not below the rank of an Extra Assistant Commissionet_shall_ call the first meeting of the Panchayat Samiti in the manner prescribed, as

soon as the election of all members of the Panchayat Samiti is notified, to

elect the Chairman and Vice-Chairman from amongst the elected members.

Comments

Election of Chairman — Quorum — Submission of appellant that the quoru nviwo-

third of the 11 member Panches comes out to 7.33, therefore, two-thi rd cannot be 7

number of Panches and only 8 Panches could have completed the q uorum — In view of

the provisions and amendment in the Rules, the arguments seems to be convincing.

Beant Singh and others v. Dilbagh Singh and others, 2012(2) L.A. R. 372 (P&H).

406. Reservation for the offices of Chairmen and Vice-C hairmen of

Panchayat Samitis.- There shall be reservation for the offices of

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 83 Chairmen and Vice-Chairman, in the manner prescribed by the State

Government--

(a) such number of offices of Chairmen and Vice -Chairmen of

Panchayat Samitis in the district for the persons belonging to the

Scheduled Castes and the number of such offices bearing as nearly as

may be the same proportion to the total number of offices in t he district as

the population of the Scheduled Castes in the district bears to the total

population of the district and sucty offices shall be allotted by rotation,

(b) not less than one-third of the total number of off ices of Chairmen

and Vice-Chairmen of the Panchayat Samitis in t he district, shall be

reserved for women and such offices shall be allotted by rotation.

Comments

Punjab Reservation for the Offices of Sarpanches of Gram Panchayats and

Chairmen and Vice-Chairmen of Panchayat Samitis and Zila Parishads Rules,

4994, Rule 4 — Constitution of India, Article 9437 —- Rese rvation of Seats - Scheduled

Caste Woman candidate -- A woman of Scheduled C aste category is fully eligible to

contest the election for the office of Chairman of Panchayat Sam iti, which was reserved

for Scheduled Caste (Woman), irrespective of the fact that she became member of said

Panchayat Samiti from the Zone, which was reserved for Woman. Karnail Kaur v. The

State of Punjab and others, 2008(2) LAR. 407 (P&H DB)

407. Rotation of reserved seats and offices '{—].-- U pon the publication

of the figures of Census the number of directly elected members, Chairman

and Vice-Chairman of a Panchayat Samiti "

[for reservation of seats and

offices for different categories shall be deter mined on the basis of

population of Panchayat Samiti area at the census and rotation of seats

and offices shall be made at the time of every gene ral election):

Provided that the determination of number of seats and offices shall

not affect the existing composition of the Pancha yat Samiti until the expiry

of the term of office of the elected members then in office.

Explanation. For the removal of doubts it is hereby declared that the

principle of rotation for the purpose of reservation of offices under sections

102 and 106 shall commence from the f

irst election to be held after

commencement of this Act.

408. Allowances to Chairman, Vice-Chairma n and other members of

Panchayat Samitis.- (1) The Chairman and Vice-Chairman of a

Panchayat Samiti shall be entitled to such al lowances as may be

prescribed.

1. The words "after each Census" omitted vide Pun jab Act No. 15 of 1998.

> Substituted for the words 'and rotation for rese rvation of seats and offices for different categories shall be determined on the ba sis of population of the Panchayat Samiti area at that

Census" vide Punjab Act No. 15 of 1998.

R4 THE PUNJAB PANCHAYAT! RAJ ACT, 1994

(2) Every member of a Panchayat Samiti (other than the Chaim and Vice-Chairman) shall be entitled to receive such sitting fee and ot allowances, as may be prescribed.

109. Powers, functions and duties of Chairman of Panchayat Samit The Chairman of a Panchayat Samiti shall —

(a) convene and preside over and conduct meetings of a Panchayat Samiti;

(b) discharge all duties imposed and exercise all the pow conferred on him under this Act and the rules made thereun and perform such functions as may be entrusted to him by State Government form time to time:

(c) exercise supervision and control over the Executive Officer of Panchayat Samiti for securing implementation of resolutions decisions of the Panchayat Samiti or of the Standing Committ which are not inconsistent with the provisions of this Act or ; general or specific directions issued by the State Governm under this Act;

(d) exercise overall supervision over the financial and execul administration of the Panchayat Samiti and place before Panchayat Samiti all questions connected therewith which app to him to require its orders and for this purpose may call records of the Panchayat Samiti; and

(e) have powers to accord sanction upto a total sum of twenty- thousand rupees in a year for the purpose of providing immedi relief to those who are affected by natural calamites in Panchayat Samiti area:

Provided that the Chairman shall place at the next meeting of Panchayat Samiti for its ratification, the details of such sanction

110. Extraordinary Powers of Chairman and executive Officer Panchayat Samitis.-- (1) In case of emergency, the Chairman or, in absence of the Chairman, the Vice-Chairman and in the absence of bc the Chairman and Vice-Chairman, the Executive Officer may direct execution of any work or the doing of any act which a Panchayat Samit | empowered to execute order and the immediate execution or daing which is, in his opinion, necessary for the service or safety of the public z may direct the expenses of executing such work or doing such act shall paid from the Panchayat Samiti Fund:

Provided that every such direction shall be reported in the n following meeting of the Panchayat Samiti for confirmation.

(2) The Chairman or Vice-Chairman or the Executive Officer shall act under sub-section (1) in contravention of any order of the Pancha Samiti.

THE PUNJAB PANCHAYAT RAJ ACT, 1994

ieee

(3) The Chairman, or, in the absence of the Chairman, Vice-Chairman

or in the absence of both the Chairman and Vice-Chairman, the Executive

Officer may prohibit until the matter has been considered by the Panchayat

Samiti, the doing of any act which is, in his opinion, undesirable in the

1 public interest:

Provided that the act is one which the Panchayat Samiti has power to

prohibit.

(4) No direction given under this section shall be questioned in any

| equrt on the ground that the case was not of emergency.

411. Powers, Function of Vice-Chairman of Panchayat Samitis.-- The » Vice-Chairman of a Panchayat Samiti shall-

(a) in the absence of the Chairman, preside over the meetings of the

Panchayat Samiti,

(b) exercise such powers and perfor m such duties of the Chairman of the Panchayat Samiti as the Chairman from time. to time, subject

to the rules made by the State G overnment in that behalf,

delegate to him by an order in writing; an d

: the Chairman from the Pancha yat Samiti area, or by reason of et leave, for a period exceeding thirty days, exercise the powers and ' perform the duties of the Chairman. a

» 112. Resignation or removal of Chairman and Vice-Chairman of > Panchayat Samiti. (1) The Chairman or Vice-Chairman of the Panchayat | Samiti may resign his office at any time by writing under his hand > addressed to the State Government a nd his office shall become vacant on ~ the expiry of fifteen days from the date of such resignation unless within the

" gaid period of fifteen days he withdraws su ch resignation by writing, under ' his hand addressed to the State Government. -> (2) Every Chairman or Vice-Chairman of a Panchayat Samiti shall be

> deemed to have vacated his office forthw ith if a resolution expressing want_ E Pi conde a a is passed by a tw o-thirds majority of the total number elected members of the Panchayat Samit i at a meeting specially

tonvened for the purpose.

(3) The requisition for a special meeting under sub-section (2) shall be signed not less than one-fifth of the tota l number of elected members of the Panchayat Samiti and shall be delivered t o the Deputy Commissioner and the Deputy Commissioner shall within seven days form the date of receipt of the requisition himself convene a speci al meeting of the Panchayat

Samiti or authorise an officer not below the rank of Extra Assistant

Commissioner to convene a special me eting.

(4) The special meeting under this section shall be held on a day nat later than fifteen days form the date of issue of the notice of the meeting and shall be presided over by the Deputy Commissioner or an officer

d oi ae e

al zi ll

RG THE PUNJAB PANCHAYAT! RAJ AC

T, 1994

authorised by him under sub-section (3) a nd if the action is carried out against the Chairman or Vice-Chairman, he shall cease to hold office of the Chairman and Vice-Chairman as the case may be:

Provided that no such requisition under this section shall be made

unless a period of two years has elapsed f rom the date on which Chairman or Vice-Chairman, as the case may be, resu me his office:

Provided further that if the motion o f no-confidence against the

Chairman and the Vice-Chairman is reject ed, no fresh motion of non-

confidence against the Chairman or Vice -Chairman or both, as the case may be, shall be brought before the Pan chayat Samiti within a period of two years from the date of rejection of such mot ion.

113. Suspension and removal of me mbers of Panchayat Samitis.--

(1) The State Government may, durin g the course of an inquiry, suspend a Member of a Panchayat Samiti for any of the reasons for which

he can be removed and debar him from taking part in any act or proceeding of the said body during the inquir y.

(2) The State Government may by noti fication remove any Member who, in the opinion of the State Governmen t, has been guilty of misconduct in the discharge of his duties:

Provided that before the State Government notifies the removal of a

Member, the reasons for his proposed r emoval shall be communicated to him, and he shall be given an opportuni ty of tendering an explanation in writing.

(3) A person who has been removed unde r sub-section (2) may be

disqualified for re-election for such period n ot exceeding five years as the

State Government may fix.

414. Dissolution of Panchayat Samiti.-- (1 ) If, in the opinion of the State Government, a Panchayat Samiti abuses its powers or is not competent to perform or makes persistent default in t he performance of its duties, under this Act or willfully disregards any instruction s given or directions issued by

Zila Parishad or any instructions issued by the State Government arising

out of the audit of accounts of the Pancha yat Samiti or inspection of the

work, the State Government may, after giving the Panchayat Samiti an

opportunity to render explanation, by an order published, alongwith the

reasons thereof, in the Official Gazette, dissolve such Panchayat Samiti;

(2) When a Panchayat Samiti is dissolved under sub-section (1)-

(i), all members of the Panchayat Samit i shall vacate their

offices forthwith, =

(ii) all powers and duties of the Panchayat Samiti during its

dissolution, shall be exercised and performed by such

person or persons as the State Government may appoint in

this behalf, and

—_ dt Ue

THE PUNJAB PANCHAYATI RAJ ACT, 1994 87

(iil) all property in the possession of the Panchayat Samiti shall be held by the State Government;

(3) Upon dissolution of Panchayat Samiti under sub-section (1), the State Government shall reconstitute a Panchayat Samiti as specified under section 99 and election to reconstitute such Panchayat Samiti shall be completed before the expiration of a period of six months from the date of dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have continued it less than six months, it shall not be necessary to hold any election under this sub-section for reconstituting the Panchayat Samiti for such period.

(4) The Panchayat Samiti reconstituted upon the dissolution of the existing Panchayat Samiti before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Panchayat Samiti would have continued under section 103 had it not been so dissolved. .

'[114-A. Dissolution of Panchayat Samitis .in exceptional circumstances.— (1) Notwithstanding anything contained in section 114, where a Panchayat Samiti has completed its term as specified in section 103 of this Act or election thereto has been announced and the State Government considers it necessary so to do, it may dissolve a Panchayat Samiti by an order published in the Official Gazette.

(2) When a Panchayat Samiti is dissolved under sub-section(1)- all members of the Panchayat Samiti shall vacate their offices forthwith; 2

all powers and duties of the Panchayat Samiti during its Bissolution, shall be exercised and performed by such person or persons, as the State Government may appoint in this behalf; and

all property in the possession of the Panchayat Samiti shall be held by the State Government]

115. Filling of casual vacancies of member, Chairman and Vice Chairman of Panchayat Samiti.-- (1) Whenever a vacancy occurs by death, resignation, removal or otherwise of a member or of a Chairman or Vice Chairman of the Panchayat Samiti, the vacancy shall be filled up by way of election:

Provided that if the vacancy relates to the Scheduled Castes, Backward Classes or to women, the vacancy shall be filled up out of the persons belonging to the category to which the vacancy relates.

(2) A person elected to fill a casual vacancy shall be elected for the remainder of his successors terms of office:

1. Inserted vide Punjab Act No. 24 of 1998.

88 THE PUNJA

B PANCHAYAT! RAJ ACT, 1994 Provided that where the remaind er of the period for which a mem ber,

Chairman or Vice Chairman is to b e elected is less than six months it shall

not be necessary to hold any election under this section to fi ll such a

vacancy.

416. Meeting of Panchayat S amiti.-- (1) A Panchayat Samit i shall hold a

meeting (hereinafter in this se ction called the ordinary meeti ng) for the

transaction of business at leas t once in two months and shal l subject to the

provisions of the follawing su b-sections make regulations not inconsistent

with this Act, or with any rules m ade thereunder with respect to the day,

hour, notice, management a nd adjournment of its meetin g and generally

with respect to the transaction of business therein.

(2) The Chairman may, wheneve r he thinks fit, shall, upon the w ritten

request of not less than one- third of the total number of members specify

the object for which the meetin g is supposed to be called an d on a date

within fifteen days from the r eceipt of such request call a s pecial meeting.

(3) If the Chairman fails to cal l a special meeting under sub -section (2)

the Vice-Chairman or one-thi rd of the total number of me mbers may call

the special meeting for a day n ot more than fifteen days after presentation

of such request and require the Executive Officer to g ive notice to the

members and to take such action as may be necessary to convene the

meeting.

(4) Ten clear days notice of an ordinary meeting and seven clear days

notice of a special meeting s pecifying the time at which su ch meeting is to

be held and the business to b e transacted thereat, shall be sent to the

members and pasted at the office of the Panchayat Samiti and suc h notice

shall include in the case of a special meeting any motion or proposition in

the written request made for suc h meeting.

(5) Majority of the total nu mber of members in office of the Panchayat

Samiti shall form a quorum for transacting business at a meeting of the

Panchayat Samiti and at th e time appointed for the mee ting a quorum is

not present, the person pre siding shall wait for thirty mi nutes and if within

such period there is no quoru m he shall, proceed with the meeting but if

within such period there is no quorum the person presi ding shall adjourn

the meetings to such hour on some future day as he may fix. He shall

similarly adjourn the meeting at any time after it has begun i f his attention is

drawn to the want of quorum. At such adjourned meetings at which there

is quorum the business which would have been brought befo re the original

meeting shall be transacted.

(6) Every meeting shall be p resided over by the Chairman or if he is

absent, by the Vice-Chairman and if both are absent or if the Chairman is

absent and there is no Vic e-Chairman, the members present shall elect

one from among themselves to preside.

(7) All questions shall, unless otherwise specially provided b e decided

by a majority of votes of the members present and voting. The presiding

member, unless he refrains fro m voting, shall give vote before declaring the

—

Mae

THE PUNJAB PANCHAYATI RAJ ACT, 1994 R9

number of votes for and against a question and in case of equality of votes for and against a question, he may give his casting vote.

(8) No member of a Panchayat Samiti shall vote on, or take part in the discussion on any question coming up for consideration at a meeting of the Panchayat Samiti or any Committee, if the question is one in which apart from its general application to the public he has any direct pecuniary interest.

(9) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect is carried, he shall nat preside at the meeting during such discussion or vote on, or take part in it and in that case any member of the Panchayat Samiti may be chosen to preside at the meeting during the continuance of such discussion.

(10) No matter shall be discussed at any ordinary meetings unless it has been specified in the notice convening such meeting or in the case of special meeting, in the written request for such meeting:

Provided that a member may propose any resolution connected with or incidental to the subject included in the list of business and the Chairman may propose any urgent subject of routine nature not included in the list of business if no member objects to it:

Provided further that no permission shall be given in the case of motion or proposition to modify or cancel any resolution within three months after the passing thereof.

(11) Any ordinary meeting may, with the consent of a majority of the members present, be adjourned from time to time, but no- business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjourned took place.

I (12) No resolution of Panchayat Samiti shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than two-thirds of the total number of members at an ordinary or special meeting, a notice whereof shall be given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which is proposed to be modified or cancelled at such meeting.

(13) The proceedings of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall { after being read over by the member presiding over the meeting, be signed by him. The action taken on the decisions of the Panchayat Samiti shall be reported at the next meeting of the Panchayat Samiti. The minutes book shall always be kept in the office of the Panchayat Samiti and shall not be taken outside the Panchayat Samiti office under any circumstances. The Executive Officer shall be the custodian of the minute book.

(14) A copy of every resolution passed at any meeting of the Panchayat Samiti shall within three days from the date of meeting be forwarded to the Director.

(15) If it shall appear to a Panchayat Samiti that the attendance of any officer of the state Government, having jurisdiction over an area of a district i

{

90 THE PUNJAB PANCHAYATI RAJ AC

T, 1994

——< _ or less than a district and not wor king under the Panchayat Samiti, is

desirable at a meeting of the Panch ayat Samiti; the Executive Officer s hall

by a letter addressed to such offic er not less than fifteen days before the

intended meeting, request that of ficer to be present at the meeting and the

officer shall unless prevented by sickness OF other reasonable cause

attend the meeting. (16)(a) Subject to any directions issued by the State Government in this behalf, a Panchayat Samiti may require any officer of the State Government serving in the Panch ayat Samiti area and

with the previous permission of the Deputy Commissioner in the case of an officer serving in the concerned district to

attend any such meeting and t ender advice on any matter which concerns the department to which such officer

belongs

(b) Where a Panchayat Sami ti requires an officer specifi ed in

sub-section (12) to perform an y other duty or execute any work such officer shall, subject to any general or special

order of the State Government , perform such duties of

execute such works.

417. Defect or irregularity n ot to vitiate proceedings of Panchayat

Samiti.-- (1) No act done or proce edings taken by a Panchayat Sami ti or

Standing Committee or any other committee appointed under this Ac t shall

be questioned on account of any vacancy in membership or any defect in

the election or qualification of the Chairman, Vice-Chairm an, presiding

authority or member or any de fect or irregularity of such act or proceeding

not affecting the merits of the case

(2) Until the contrary is proved every meeting of the Pancha yat Samiti

or Standing Committee or any other Committee shall be deeme d to have

been duly convened and held an d all members, attending the me eting shall

be deemed to have been duly q ualified, when the minutes of the meeting

have been duly signed in accordan ce with the provisions of this Act.

418. Executive Powers of Panc hayat Samitis.-- (1) The executi ve power

of a Panchayat Samiti shall vest in the Chairman of the Panchayat Samiti

and the Executive Officer thereo f in the manner laid down in th is Act.

(2) The Chairman and the Exec utive Officer shall perform all the duties

and exercise all the powers s pecifically imposed or conferre d on them by or

under this Act and subject, wherever it is expressly pro vided, to the

sanction of the Panchayat Sami ti and to all other restrictions, limitations

and conditions imposed, exer cise the executive powers fo r the purpose of

carrying out the provisions o f this Act and be directly res ponsible for the

due fulfilment of the purposes of this Act:

Provided that the Vice-Chairm an, if the Chairman is absent , and the

Executive Officer, if both the Chairman and Vice-Chairma n are absent,

may perform the duties or exerc ise the powers of the Chairman.

n t

THE PUNJAB PANCHAYATI RAJ ACT, 1994 9]

119. Functions and duties of Panchayat Samiti.-- Subject to such exceptions and conditions as the State Government may by general or special order impose it shall be the duty of a Panchayat Samiti to provide for and make arrangements for carrying out the requirements of the area under its jurisdiction, in respect of the following matters, namely: -

(1) Agriculture.-- The doing of everything necessary to step up agricultural production and in particular--

(i) multiplication and distribution of improved seeds:

(ii) distribution of fertilizers;

(iii) popularisation of improved techniques, methods and practices and improved implements;

(iv) achieving self-sufficiency in green manure and composition of farm yard manure;

(v) encouraging fruit and vegetable cultivation:

(vi) reclamation of land and swamps and conservation of soil:

(vii) providing credit for agricultural purposes:

(viii) propagating and assisting in plant protection methods:

(ix) laying out demonstration plots and working out better methods of farm management:

(x) utilizing more power for agricultural purposes:

(xi) tree planting;

(xii) growing of village forests.

(2) Land improvement and Soil Conservation.-- Assisting the State Government and the Zila Parishad in the implementation of land improvement and soil conversation programmes of the State Government.

(3) Minor Irrigation, Water Management and Watershed Development.-

(i) assisting the State Government and the Zila Parishad in the construction and maintenance of minor irrigation works; and

(ii) implementation of community and individual irrigation works;

(4) Poverty Alleviation Programme.-- Planning and implementation of poverty alleviation programmes and Schemes: :

(5) Animal Husbandry, Dairying and Poultry.--

(i) maintenance of veterinary and animal husbandry services;

(ii) improvement of breed of cattle, poultry and other livestock:

(ili) promotion of dairying, farming, poultry and piggery: and

(iv) prevention of epidemics and contagious diseases.

(6) Fisheries. — Promotion of fisheries development:

(7) Khadi Village and Cottage Industries.--

(i) promotion of rural and cottage industries; and

92 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(ii) organisation of conferences, seminars and_ training programmes, agricultural and industrial exhibitions,

(8) Rural Housing.-- implementation of Housing Schemes and distribution of house sites in villages,

(9) Orinking Water.--

(i) establishment, repairs and maintenance of rural water supply schemes;

(ii) prevention and control of water pollution;

(iii) implementation of rural sanitation schemes,

(10) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder.--

(i) planting and preservation of trees on the sides of roads and other public lands under its control;

(ii) fuel plantation and fodder development; and

(iii) promotion of farm forestry and development of nurseries;

(11) Roads, Buildings, Bridges, Ferries, Waterways and other means of communication.--

(i) construction and maintenance of public roads, drains, culverts and other means of communications which are not under the control of any other local authority of the State Government;

(ii) maintenance of any buildings or other property vested in the Panchayat Samiti,

(iii) maintenance of boats, ferries and waterways including management of such public ferries as may be entrusted to the charge of a Panchayat Samiti under section 7-A of the Northern Indian Ferries Act, 1878;

(12) Non-Conventional Energy Sources.— Promotion and development of non-conventional energy sources:

(13) Education including Primary and Secondary Schools.--

(i) promotion of Primary and Secondary Education;

(ii) construction, repair and maintenance of primary school buildings;

(iii) promotion of social education through youth clubs and mahila mandals;

(14) Technical Training and Vocational Education.-- promotion of rural artisan and vocational training;

(15) Adult and non-formal education.-- implementation of adult literacy;

(16) Cultural Activities.— promotion of social and cultural activities;

(17) Markets and Fairs.-- regulation of fairs and festivals including cattle fairs:

THE PUNJAB PANCHAYATI RAJ A

CT, 1994 93

(48) Health and Family Welfare.--

(i) promotion of health and family welfare programme,

(ii) promotion immunisation and v accination programme,

(iii) health and sanitation of fairs an d festivals;

(iv) registration of births, deaths and m arriages,

(v) disposal of unclaimed dead bodies;

(19) Women and Child Developm ent.-- .

(i) promotion of programmes relat ing to development of women and children;

(ii) promotion of school health and nutrition programmes,

(iii) promotion of participation of voluntary organisations in

women and child development pr ogrammes,

(20) Social Welfare including Welfare of the Handicappe d and

Mentally Retarded.--

(i) Social Welfare progra mmes including

handicapped, mentally retarded and destitutes,

(ii) monitoring the old age and widow's pensions

for the handicapped;

(iii) regulation of offensive and dangerous trades and practice:

(iv) prevention of dowry and other social evils:

(21) Welfare of the weaker sections and in particul ar of the

Scheduled Castes and Backw ard Classes.--

(i) Promotion of welfare of Sctieduled Castes, Bac kward

Classes and other weaker sec tions of society:

Scheduled Castes and Bac kward Classes and

al injustice and exploitation, welfare of

and pensions

(ii) protecting other weaker sections from so ci

(22) Maintenance of Commun ity Assets.-—

(i) maintaining all communi ty assets vested in or u nder the

management or control transfer red by the State Government or any local authority of organis ation,

n and maintenance of other co mmunity assets,

(ii) preservatio distribution of essential

(23) Public Distribution Systems.-~-

commodities,

(24) Rural Electrification.-- distribution of electricity;

(25) Co-operation.

(26) Libraries.-- establish ment,

libraries,

(27) Such other functions as

Government.

promotion of rural electrific ation including

— promation of co-operative activiti es,

maintenance and prom

otion of

may be entrusted by

the State

o4 THE PUNJAB PANCHAYAT RAJ ACT, 1994

420. Entrustment of functions to Panchayat Samitis.-- (1) The State

Government may entrust, conditionally or unconditionally to a Pa nchayat

Samiti, functions in relation to any matter, to which the executive authority

of the State Government extends or in respect of functions which have

been entrusted to the State Government by the Central Government and

the Panchayat Samiti shall be bound to perform such functions.

(2) Where functions are entrusted to a Panchayat Samiti under sub -

section (1), the Panchayat Samiti shall, in discharge of such functions, act

as an agent of the State Government.

(3) Where by virtue of this section, powers and duties hav e been

conferred or imposed as agency functions upon a Panchayat Samiti the

Panchayat Samiti shall be paid by the State government such s um as may

be determined by the State Government in respect of any extra co st of

administration incurred by the Panchayat Samiti in connection with the exercise of these powers and duties.

(4) In so far as the Panchayat Samiti is required to act under this

section it shall be under the general contro! of, and comply with such

particular directions, if any, as may from time to time be given to it by the

State Government or any other authority appointed by the State

Government in this behalf.

421. Relationship of Panchayat Samiti with Gram Pa nchayats.--

(1) A Panchayat Samiti shall, in the manner prescribed, exerc ise such

supervision and control over the performance of all or any of the

administrative functions of the Gram Panchayats within its area or any part

thereof as may be specified by the State Government by an order issued in

this behalf and also render such technical and financial assist ance as may

be required by the Gram Panchayat for the implementation of dev elopment

schemes which are beyond the powers of such Gram Panc hayat to

execute.

(2) Subject to such terms as may be agreed upon, a Panchayat Samiti

may delegate any of the following duties to a Gram Panchayat, namely: -

(i) any matter under the direct administrative contro l of the

Panchayat Samiti;

(ii) the construction, maintenance or improvement of any

property under the control or management of the Pa nchayat

Samiti.

422. Powers of Panchayat Samiti to make bye-laws.-- A Panchayat

Samiti may, and if required by the State Government shal l, from time to

time, make by notification in the official Gazette bye-laws co nsistent with

the provisions of this Act and the rules made thereunder, for carrying out all

or any of the purpose of this Act, and, without prejudice to t he generality of

the forgoing power such bye-laws may make provision for all or any of the

following matters, namely. —

e o THE PUNJAB PANCHAYATI RAJ ACT, 1994 Os (i)

(ii)

(iii)

(iv)

(vi)

(vii)

(ix)

(x)

(xi)

(xii)

the time and place of the meetings of the Panchayat Samiti and its Committees;

the manner in which the notice of the meetings and adjourned meetings shall be given;

conduct of proceedings at the meetings and adjournment of meetings;

custody of common seal and the purposes for which it shall be used;

persons by whom receipts shall be granted on behalf of the Panchayat Samiti for money received under this Act:

the conditions on which registers, documents, resolutions, maps and plans of the Panchayat Samiti may be inspected by the public and copies thereof supplied, and fees payable for such inspection or for supply of such copies;

quorum necessary for the transaction of business at the meetings of any Committee;

(vili) any other matter relating to the proceedings of the Panchayat Samiti or Standing Committees, exclusion of a member of the Panchayat Samiti from a meeting in which any contract in which he has a pecuniary interest is under consideration, the holding and regulation of meetings and conduct of debate, the inspection of Minute Books and supply of copies of minutes to the members or other persons and the fees payable therefor:

the exercise by any employee of the Panchayat Samiti except the Executive Officer of powers conferred upon the Panchayat Samiti by this or any other Act for the time being in force, and the conditions and limitations subject to which such powers may be exercised:

the regulating of the appointment, powers and proceedings of standing committees or any consultative committee set up by the Panchayat Samiti;

the defining of the limits of and regulating the use and management of. and for the maintaining in a sanitary condition, a fair, agricultural show, or an industrial exhibition:

assessment and collection of fees, taxes and cesses imposed under this Act;

(xii) licensing and fixation of fees leviable under this Act and the conditions on which licences are to be granted and may be revoked;

(xiv) maintenance, management and control of all matters defined and duties of the Panchayat Samiti in Sections 119, 120 and 121.

(xv) protection from injury and interference of the property of the Panchayat Samiti or of the State Government vested in the Panchayat Samiti;

96 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(xvi) appointment of persons to register sales of animals in a public market or fair and the fixation of fees leviable by them, (xvii)the sale of articles of food and drink;

(xviiijthe registration and licensing of vehicles, other than motor vehicles or bullock carts, and, the conditions on which such licensees are to be granted and the regulation of traffic of such vehicle:

(xix)the protection of roads and streets from damage and encroachments, the protection of public from danger and inconvenience arising from dangerous structures, unfenced, concealed and dis-used wells, fallen trees and unpiped drains;

(xx) provision and improvement of pastures and grazing lands; (xxi)improvement of breeding of cattle, sheep and goats and prevention of cattle diseases;

(xxii)cleansing and protection of springs, tanks, ponds and the like;

(xxiii) provision and supervision of burial and burning places;

(xxiv) control of vehicles stands;

(xxv) destruction of mosquitoes and other anti-malaria measures; (xxvijdestruction of rats, locusts and other pests and other anti-plague measures; destruction of dogs and other anti-rabic measures; (xxviijhousing improvement such as provision of ventilators and other anti-tuberculasis measures;

(xxviii) provision of play fields and recreation grounds and promotion of physical culture;

(xxix) seizure and disposal of ownerless animals straying within the limits of the Panchayat Samiti area;

(xxx)inspection and proper regulation of encamping grounds, ponds, sarais, bakeries, dhabas, tandurs, smokeless chullahs, aerated water factories, flour mills, foodgrain godowns, slaughter-houses, dhobighats, markets and stalls;

(xxxiJinspection and proper regulation of the premises used as staples, cow-houses or houses or enclosures for sheep, goats or swine; and

(xxxii) inspection and proper regulation of buildings ordinarily utilised for the residence or treatment of persons suffering from infectious diseases.

(2) The bye-laws made under this section shall be subject to previous publication.

123. Penalty for infringement of bye-laws.-- In making any bye-laws a Panchayat Samiti may direct that a breach of the same shall be punishable with fine which may extend to rupees five hundred and in the case of a continuing breach, with a further fine which may extend to five rupees for

THE PUNJAB PANCHAYATI RAJ ACT, 1994 07

every day during which the breach is continued after conviction for the first such breach so, however, that it does not exceed in the aggregate five hundred rupees.

124. Penalty for disobedience orders of Panchayat Samiti.-- Whoever disobeys any lawful direction or prohibition given by a Panchayat Samiti by written notice issued by the Executive Officer under any power conferred by this Act or rules made thereunder, or fails to comply with the conditions subject to which any permission was given by the Panchayat Samiti or the Chairman or the Executive Officer on its behalf under any power so conferred, shall, if the disobedience or omission is not an offence punishable under any other provision of this Act, be punishable with fine which may extend to rupees five hundred and, in case of continuing breach, with a further fine which may extend to five rupees for every day during which the breach is continued after conviction for the first such breach, so, however, that it does not exceed to the aggregate five hundred rupees.

125. Compensation for damage.-- Every person convicted of an offence under this Act on account of any act or omission, shall, notwithstanding any punishment to which he may have been sentenced for such offence, pay compensation, the amount of which shall be determined by the Magistrate before whom he was so convicted, to the Panchayat Samiti for any damage that may have occurred to any property of the Panchayat Samiti in consequence of such act or omission.

126. Penalty for obstructions.-- Any person willfully obstructing a Panchayat Samiti or any employee of the Panchayat Samiti or any person authonsed by the Panchayat Samiti, in exercise of the powers conferred by this Act, shall be punishable with fine which may extend to fifty rupees.

127. Prosecution.-- Unless, otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or bye-law made thereunder, except on the complaint of or upon information received from the Panchayat Samiti or some person authorised by the Panchayat Samiti or by the Executive Officer in this behalf.

128. Payment of compensation.- A Panchayat Samiti may pay compensation out of the Panchayat Samiti Fund to any person sustaining damage or injury to person in the exercise of any of the powers vested in the Panchayat Samiti or its employee under this Act, when such damage or injury is caused by the negligence of the Panchayat Samiti or its employees and the person sustaining the damage or injury is not himself in default in the matter in respect of which the power is exercised.

THE PUNJAB PANCHAYAT! R

AJ ACT. 1994

ble by Panchayat of money claimable application to a

429. Power to recover sums of money claima Samiti.-- (1) Save as provided in Section 153 all sums

by a Panchayat Samiti under this Act may be r ecovered, on

Magistrate having jurisd iction in the district or any other place where the

person from whom the money ts claimable may for the time being be

resident, by distress or sale of any immova ble property within limits of its

jurisdiction belonging to such

h proceedings

person and the cos t of suc

shall be recoverable in the same manner as the said sums of m oney.

(2) An application mad e un der sub-section

(1) shall be in wr iting and

shall be signed by the Executive Officer of th e Panchayat Samiti bu t it shall

not be necessary to p resent it in person. a (1) Notwithstan ding

miti may by resolu tion

xecutive Officer or any

tate Government, all or

Samiti under this A ct |

430. Power of Pa nchayat Samiti to delegate

ined in this Act, a P anchayat Sa

Chairman, Vice-Chai rman, the E

other employee of t he Panchayat Samiti or of the 5

any of the powers c onferred upon the Pa nchayat

except the power to m ake bye-laws.

(2) The Chairman m ay, by an order in writing,

powers and functions also to the Vice-Chairma n.

Provided that he shal l not delegate any p owers or functions Panchayat Samiti exp ressly forbids him to delegate.

(3) Every order mad e under this section shall be communi Panchayat Samiti.

"| (4) T he Chairman shall h ave power to modify or withdraw any powe rs

re or functio

ns delegated to the Vice-Chairman under sub-section (1). | delegate to th e

delegates any of his which the

cated to the

431. Joint work and undertakings.-- A Pan chayat Samiti may con tribute

it towards a

ny work, measure ins titution or service from which the area under i the juris

diction of the Panch ayat Samiti benefits although such work

i intuition or service is undert aken or maintained outside such area, such

sums as may appear to the Panchayat S amiti reasonable ha ving regard to the extent of benefits derived therefrom. i

land and other immo vable property.~ W henever it

it is neces

sary OF expedient fo r any of the purpose s of this Act to acqui re any

| land or an

y other immovable pr operly. 4 Panchayat S amiti or the Executive it Officer,

on behalf of the P anchayat Samiti, sh all acquire such l and or

; property

by agreement ons price as shall be } approve

d by the Panchay at Samiti either generally oF specia lly in any

iy particular cas e.

i 433. Procedure when acquisition by agreement not possible.-- Samiti or the Executive Officer is unable under by agreement any

land or any other

immovable

432, Acquisition of Whenever a Panchaya t

Section 132 to acquire

THE PUNJAB PANCHAYATI RAJ ACT. 1994 99

property, the State Government may, in its discretion upon the application of the Executive Officer, made with the approval of the Panchayat Samiti, order proceedings to be taken for acquiring the same on behalf of the Panchayat Samiti, as if such property or land were needed for a public Purpose within the meaning of the Land Acquisition Act, 1894, and on payment by the Panchayat Samiti of the compensation awarded under the said Act and all charges incurred by the State Government in connection with the proceedings, such land or property shall vest in the Panchayat Samiti.

134. Standing Committees of Panchayat Samiti.-- (1) Every Panchayat Samiti shall appoint out of its own body the following Standing Committees, namely:-

(a) General Committee.

(b) Finance, Audit and Planning Committee;

(2) Each Standing Committee shall consist of such number of members not exceeding six including the Chairman as specified by the Panchayat Samiti, elected by the members of Panchayat Samiti from among the elected members.

(3) The Chairman shall be the ex officio member and also Chairman of the General Standing Committee and the Finance, Audit and Planning Committee and the Vice-Chairman shall be ex officio member and Chairman of the Social Justice Committee.

(4) No elected member of the Panchayat Samiti except Chairman shall be eligible to serve on more than one Standing Committee.

(5) The Executive Officer shall be the ex officio Secretary of every Standing Committees.

135. Functions of General Standing Committee of Panchayat Samiti.—

(1) The General Standing Committee shall perform functions relating to the establishment matters, communications, building, rural housing, village extension, relief against natural calamities, water supply and all miscellaneous residuary matters.

(2) The Finance, Audit and Planning Committee shall perform the functions relating to the finance of the Panchayat Samiti framing of budget, scrutinising proposals for increase of revenue, examinations of receipts and expenditure statement, consideration of all proposals affecting the finances of the Panchayat Samiti and general supervision of the revenue and expenditure of the Panchayat Samiti and co-operation small savings scheme and any other function relating to the development of the Panchayat Samiti area.

(3) The Social Justice Committee shall perform functions relating to: -

100 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(a) promotion of education, economic, social, cultural and other interests of the Scheduled Castes and Backward Classes and other weaker sections of the society;

(b) protecting them from social injustice and all other forms of exploitation;

(d) securing social justice to the Scheduled Castes, Backward Classes, women and other weaker sections of the society.

(4) The Standing Committees shall perform the functions referred to in Sub-sections (1) to (3) to the extent, the powers are delegated to them by the Panchayat Samiti.

136. Procedure of Standing Committees of Panchayat Samitis.-- The Panchayat Samiti may frame regulations relating to election of members of the Standing Committees, conduct of business therein and all other matters relating to them.

(2) The Chairman of every Standing Committee shall in respect of the work of the Standing Committee be entitled to call for any information, return, statement, account or report from the office of the Panchayat Samiti and to enter on and inspect any immovable property of the Panchayat Samiti or work in progress connected with the work of the Standing Committee.

_ (3) Each Standing Committee shall be entitled to require attendance at its meetings any officer of the Panchayat Samiti who is connected with the work of the Standing Committee.

(4) The Executive Officer shall under instructions of the Standing Committee, issue notices and secure the attendance of the officers of the Panchayat Samiti.

137. Power of Panchayat Samiti to acquire hold and dispose of property.--.(1) A Panchayat Samiti shall have the power to acquire, hald, dispose of property and to enter into contracts:

Provided that in all cases of acquisition or disposal of immovable Property the Panchayat Samiti shall obtain the previous approval of the State Government.

(2) All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.

(3) The State Government may allocate to a Panchayat Samiti any public property situated within its jurisdiction, and there upon such property shall vest in and come under the control of the Panchayat Samiti.

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THE PUNJAB PANCHAYATI RAJ ACT, 1994 101

138. Panchayat Samiti Fund.-- There shall be formed for a Panchayat Samiti a fund to be called the 'Panchayat Samiti Fund' and there shall be placed to the credit thereof--

(a) all proceeds of local rate allocated to the Panchayat Samiti by the State Government:

(b) the proceeds of all taxes, cesses, Panchayat Samiti under this Act:

(d) all rents and profits accruing from property vested in or managed by the Panchayat Samiti:

(e) all sums contributed to the Fund by the Central Government or any State Government or by any local authority including Gram Panchayat or any private person:

(f) all sums received by the Panchayat Samiti in the discharge of functions exercised by it under this Act:

(g) all sums paid by the State Government or Central Government for the implementation of Community Development Programmes; (h) all sums paid by the State Government to the Panchayat Samiti to meet expenses for the performance of agency functions:

(i) the proceeds of all sources of income which the State Government may order to be placed at the authority of the Panchayat Samiti:

duties and fees imposed by the

Provided that the State Government may revoke any order made under this clause.

139. Vesting, custody and investment of Panchayat Samiti Fund. (1) The Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance standing at the credit of the Panchayat Samiti Fund shall be kept in Government treasury or sub-treasury or in the bank to which the State Government Treasury business has been made over unless the State Government in any case otherwise permits.

(2) Subject to such rules as the State Government may make jn this behalf a Panchayat Samiti, may from time to time with the previous Sanction of the Director, invest any portion of the Panchayat Samiti Fund in securities of the Central Government or invest it in such other securities or Place it in such other manner as the State Government May approve in this behalf and with the Previous sanction of the Director may vary such investment or placement for another or others of like nature and the income resulting from such securities or placements and the proceeds of the sale of the same shall he credited to the Panchayat Samiti Fund.

140. Application of Panchayat Samiti Fund.-- The Panchayat Samiti Fund shall be applicable to the payment in whole or in part, of the charges

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)

e e e

102 THE PUNJAB PANCHAYAT RAJ ACT, 1994

and expenses incidental to the several matters specified in Sections 119 and 155 and incurred within the area subject to the authority of the Panchayat Samiti and also to the following purposes, namely: -

(a) performance of agency functions entrusted to the Panchayat Samiti under Section 120;

(b) expenses required for the audit of accounts of the Panchayat Samiti:

(d) expenses in respect of such portion of the cost of the Departments of Education, Public Health, Agriculture, Public Works and any other departments as may be held by the State Government to be equitably debitable to the Panchayat Samiti in return for the services rendered to the Panchayat Samiti by those Departments;

(e) grants-in-aid to the Gram Panchayat and to educational, public health or any other public institution within the area subject to the authority of the Panchayat Samiti;

(f) charges and expenses incurred outside the Panchayat Samiti area when such application of funds is in the opinion of the Panchayat Samiti for the benefit of that area;

(g) expenses and charges for the implementation of Community Development Programme subject to the general control and direction as the State Government or any other authority appointed by the State Government in this behalf, may from time to time issue to the Panchayat Samiti with respect to the pattern and priority of the scheme under the aforesaid programme; and

(h) any other expenditure which the State Government may, on a recommendation of the Panchayat Samiti or otherwise declare to be a fit and proper charge on the Samiti Fund.

141. Minimum balance in Panchayat Samiti Fund.-- Except with the previous sanction of the State Government the actual cash balance of the Panchayat Samiti Fund, excluding investments, the suspend balance of loans and grants of all kinds and receipts from the sale of land and buildings, shall not be permitted at any time to fall below an amount equal to ten per cent of the Panchayat Samiti's income of the previous financial year excluding sales or maturity of investment and the amounts in suspense accounts:

Provided that the actual coat price of such Post Office Cash certificate held by the Panchayat Samiti and such sums placed by the Panchayat Samiti in fixed deposit with any bank as are not earmarked for specific purposes, may be reckoned as forming part of the actual cash balance.

142. Annual Estimates of income and expenditure. (1) Every Panchayat Samiti shall on or before a prescribed day in each year hold a

Sy i

a te €?

et =

ce o

THE PUNJAB PANCHAYATI RAJ ACT, 1994 103

meeting at which the Standing Committee for Finance, Audit and Planning shall submit to the Panchayat Samiti an estimate of income and expenditure hereinafter referred to as the "budget", of the Panchayat Samiti for the next financial year in such form as may be prescribed.

(2) The Panchayat Samiti budget shall consists of two parts that is part (1) shall contain the budget of the Community Development Blocks and part (2) shall contain the funds transferred from other Departments and income derived by the Panchayat Samiti from other sources and the Panchayat Samiti shall consider both parts of the budget and may approve of them with or without modification.

(3) The Samiti Budget shall then be placed before the Zila Parishad for its approval.

(4) The Zila Parishad will then consider the budget and if it has any recommendations to make, it will return these estimates to the Panchayat Samiti with such recommendations and the Panchayat Samiti shall thereupon either--

(a) accept and enforce the recommendations of the Zila Parishad; or

(b) if it does not accept the recommendations, or a part thereof, repass the budget or the relevant part thereof, by a two-thirds majority of the total members of the Panchayat Samiti and thereafter, the budget, with such comments of the Panchayat Samiti shall be returned to the Zlia Parishad and thereupon, the Zila Parishad, after considering the aforesaid comments, Pass order in regard thereto which shall be final.

143. Audit of Accounts of Panchayat Samitis.-- Accounts of the receipts and expenditure of every Panchayat Samiti shall be kept and made up in such form and manner as may be prescribed and the Panchayat Samiti shall make arrangements for the examination and audit of the accounts by such persons as the State Government appoints in this behalf.

144. Inspection of Budget and Accounts of Panchayat Samitis.-- Every Panchayat Samiti shall cause a copy of its budget sanctioned under Section 142 and of accounts made up under Section 143 to be kept at its

office; and any member of the Panchayat Samiti may, at all reasonable

times, inspect any such budget or account without payment of any fee.

145. Publication of abstract of accounts of Panchayat Samitis.- A Statement of the accounts of the Panchayat Samiti for each financial year, showing the income of the Panchayat Samiti under each head of receipt, the charges for establishment, the works undertaken, the sums expended on each work and the balance, if any, of the Fund remaining unspent at the end of the year, shall be prepared by the Executive Officer in such form as may be prescribed, and an abstract of the same shall be published in the

0 ETT |

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104 THE PUNJA

B PANCHAYAT! RAJ ACT. 1994 Official Gazette and in such other manner as the P anchayat Samiti may

direct.

146. The Local Rate.--

(1) Except as hereinafter provided, all land shall be subject to payment of a rat e to be called 'the local rate ' at the rate of

twenty-five paise per rupee of its annual value.

(2) The State Government may, by not ification-

(a) exempt any land or any class of land from the levy of the

local rate; or

(b) in respect of the whole or any part of the area s ubject to

the authority of a Panchayat Samiti, abolish or reduce or on

the recommendation of the Panchayat Samiti increase the local

rate.

447. Liability of local rate.-- The land-holder shall be lia ble for the local

rate;—

Provided that where the land -holder pays the land revenu e in kind to

any assignee of revenue or a ny village headman shall be liable for the

payment of local rate instead of the land-holder, and no demand shall be

made by any such assignee , oF village headman on t he land-holder in

respect of the payment of the rate.

148. Appropriation of the p roceeds of local rate.-- The proceeds of local

rate levied in the area of a Panchayat Samiti shall be all otted to that

Panchayat Samiti and Zila P arishad in such ratio as the S tate Government

it may consider appropriate:

Provided that the State Governme nt may direct that the whole or any

portion of the net proceeds of the local rate levied within th e limits of any

Municipality or Cantonment, after deducting the expenses of collection

shall be carried to the credit of the Municipal Fund or mad e available for

the purpose of public improvemen t in the Cantonment.

449. Taxation measures by Panchayat Samitis.- (1) Sub ject to the

general direction and contr o! of the State Governmen t and with the

previous sanction of the Zila Parishad, the Panchayat Sami tis may levy

taxes, duties, cess and fees in accordance with the proce dure specified in

Section 150, -

(a) levy tolls on persons, vehicles or animals or any class of them at

any toll-bar established by it on any road other than a k utcha road

or any bridge vested in or un der its management,

(b) levy tolls in respect of any ferry established b y it or under its

management,

100

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THE PUNJAB PANCHAYATI RAJ ACT, 1994 105

vy (i) fees on the registration of vehicles other than those registered under the Motor Vehicle Act, 1988:

(ii) a fee for providing sanitary arrangements at such places of 1 worship or pilgrimage, fairs and melas within its jurisdiction of as may be specified by the State Government by notification:

(iii) a fee for licence for a market:

(iv) a fee for any other licence:

(v) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the 0 Panchayat Samiti within its jurisdiction; n (vi) a lighting rate, where arrangement for lighting of public

streets and places is made by the Panchayat Samiti within its

jurisdiction.

(2) The Panchayat Samiti shall not undertake registration of a vehicle al or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee o therefor if any, such vehicle has already been registered by any other e authority under any law for the time being in force or if such provisions for e sanitary arrangement as already been made by any other local authority. n (3) The scales of tolls, fees or rates and the terms and conditions for

the imposition thereof shall be such as may be provided by bye-laws.

(4) Bye-laws to be made under sub-section (3) may provide for exemption from all or any of the tolls, fees or rates or in any class of cases.

150. Procedure for imposing taxes under Section 149.-- (1) A Panchayat Samiti may at a special meeting pass a resolution to propose the imposition of any tax duty, cess or fee under Section 149, hereinafter, in this section referred to as tax.

(2) When a resolution referred in sub-section (1) has been passed the Panchayat Samiti shall publish a notice defining the class of persons or description of property proposed to be taxed, the amount or rate of the tax to be imposed and the manner of assessment to be adopted.

(3) Any person likely to be affected by the proposed tax and objecting to the same may within thirty days from the publication of the notice, send his objection in writing to the Panchayat Samiti and Samiti shall at a special meeting take his objection into consideration.

(4) If no objection is received within the said period of thirty days, or the objection received is considered to be unacceptable, the Panchayat Samiti shall-

(a) where the proposed tax is a tax in respect of which the State | Government has empowered the Panchayat Samiti under section to impose it without the permission of the Zlia :

Parishad, submit its proposal to the Government, and

101

106 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(b) In any other case, submit its proposal to the Zila Parishad, concerned, with the objections, if any, which have been received alongwith its decision thereon.

(5) Where a proposal for the imposition of a tax has been received by the State Government under clause (a) of sub-section (4) the State Government may notify the imposition of the tax in accordance with proposal and shall, in the notification, specify a date, not less than thirty days from the date of its publication, on which the tax shall come into force

(6) On receiving the proposal under clause (b) of sub-section (4), the Zila Parishad may within the prescribed period sanction or refuse to sanction it or return it to the Panchayat Samiti for further consideration.

(7) If the Zila Parishad permits the imposition of the proposed tax, it shall forward the proposal to the State Government for taking action in accordance with the provisions of sub-section (5).

(8) If the Zila Parishad refused permission to imposed the proposed tax or return to the Panchayat Samiti for further consideration the Zila Parishad shall forward the proposal of the Panchayat Samiti as the case may be to the State Government and the State Government may then decide whether a tax is or is not to be imposed in accordance with the proposal as further considered by the Panchayat Samiti.

(9) After a decision has been taken by the State Government under sub-section (8) that the proposed tax is to imposed as originally, proposed after further consideration the State Government shall take action in accordance with the provisions of sub-section (5).

(10) A notification for the imposition of a tax under this Act shall be conclusive evidence that the tax has been imposed in accordance with law.

151. Power of Panchayat Samitis to raise loans.-- (1) The Panchayat Samiti may subject to the provisions of this Act, ar any other law for the time being in force raise from time to time, with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.

(2) A Panchayat Samiti may borrow money from the State Government or, with the previous sanction of the State Government, from banks or other financial institutions, for furtherance of its subjective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.

152. Expenses of Panchayat Samiti.-- The expenses of the Panchayat Samiti shall be charged to the Panchayat Samiti Fund.

153. Recovery of rates, taxes etc.-- All arrears of rates, taxes, fees, levies, tolls and cesses imposed under this Act and all arrears of sums due to from any contractor on account of the collection of such rates, taxes,

102

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Zila ase

Wen

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yat

the

ate

ind

ate

the

for

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THE PUNJAB PANCHAYAT! RAJ AGT, 1994 107 tolls, fees, levies and cesses leased under this Act may be recovered as arrears of land revenue.

154. Appointment of Executive Officer and his functions. (1) The Block Development and Panchayat Officer shall be the Executive Officer of the concerned Panchayat Samiti.

(2) Save as otherwise expressly provided by or under this Act, the Executive Officer shall -

(a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law for the time being in force;

(b) lay down the duties of and supervise and control officers and officials of or holding office under the Panchayat Samiti in accordance with the rules made by the State Government;

(d) take necessary measures for the speedy execution of all works and development schemes of the Panchayat Samiti;

(e) have custody of all papers and documents connected with the proceedings of the meetings of the Panchayat Samiti and of its Committees;

(f) draw and disburse moneys out of the Panchayat Samiti Fund; and

(9) exercise such cther powers and discharge such other functions as may be prescribed.

(3) The Executive Officer shall attend every meeting of the Panchayat Samiti and shall have the right to attend the meetings of all the Standing Committees thereof and shall take part in the discussion but shall not have the right to move any resolution or to vote:

Provided that if in the opinion of the Executive Officer any proposal before the Panchayat Samiti is violative of or inconsistent with the provisions of this Act, or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Panchayat Samiti.

(4) The Executive Officer shall also have the following powers, namely: -

(a) to issue notice under instructions from the Chairman of the Panchayat Samiti and Chairman of the Standing Committee, for meetings of the Panchayat Samitis and the Standing Committees thereof;

(b) to exercise administrative control over employees of the Panchayat Samiti engaged on the Community Development Programme;

(c) to sign application to the Magistrate of competent jurisdiction for recovery of money claimable by the Panchayat Samiti; _pa

103

108 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(d) to acquire land or other immovable property by agreement:

(e) preparation of the budget for the consideration of the Standing Committee for Finance and Taxation;

(f) to make contract on behalf of the Panchayat Samiti subject to such terms, rates or maximum price as the Panchayat Samiti may fix in any case or class of cases;

(g) to make contracts involving such sum as the Panchayat Samiti may be authorised in this behalf;

(h) to keep custody of the common seal and to use it. 4155. Employment of Staff and Panchayat Samitis.-- (1) Subject t o rules

made by the State Government, the Panchayat Samiti may employ such

employees as it may consider necessary for the efficient performa nce of

the duties and functions imposed upon it by this Act or rules or bye-laws

made thereunder or any other law for the time being in force and may: -

(a) fix for them such pay and leave allowance, subj ect to the

prescribed limit, in proportion to the income of the Panch ayat

Samiti as it may think fit:

Provided that any excess in expenditure over the establish ment of the

Panchayat Samiti shall require the prior approval of the State Government.

(b) establish and maintain a more Provident Fund or Annuity Fund on

behalf of such employees and may compel any or every such

employee to contribute thereto and may supplemen t such

contribution out of the Panchayat Samiti Fund;

gratuity:

Provided that -

(i) the conditions of grant of leave allowance, more provident

fund, pension, gratuity and annuity shall not be favourable than those prescribed for persons in the service of t he State

Government;

(ii) mo leave allowance, provident fund, pension , gratuity or

annuity granted to an employee shall exceed the sum which,

under any general or special order for the time being in f orce

such employee would be entitled to if his service had been

under the State Government.

(2) Notwithstanding anything contained in sub-section (1), i n respect of

reservation of appointments and posts in favour of the members of

Scheduled Castes and Backward Classes a Panchayat Samiti shall comply

with such directions as may be issued by the State Gov ernment from time

to time for ensuring adequate representation to such members in service

under the Panchayat Samitis.

104

THE PUNJAB PANCHAYATI RAJ ACT, 1994 109

156. Punishment and dismissal of employees of Panchayat Samitis.—

(1) Subject to the right of appeal and revision under Section 216, a Panchayat Samiti may suspend, dismiss or otherwise punish its employees.

(2) No employee of a Panchayat Samiti shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that this sub-section shall not apply-

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b) where the Panchayat Samiti or any other authority empowered in this behalf by or under this Act is satisfied that for some reason, to be recorded by the Panchayat Samiti or the said authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause.

157. State Government employees to be placed at the disposal of Panchayat Samitis.-- (1) The State Government may by notification place at the disposal of a Panchayat Samiti such of its employees as are required for implementation of the schemes connected therewith and for such other duties and functions as may be assigned to them by tc "anchayat Samiti from time to time.

(2) The State Government employees referred to in sub-section (1) shall be under the administrative control of the Executive Officer of the Panchayat Samiti.

(3) The conditions of service of the State Government employees referred to in sub-section (1) shall be the conditions of service applicable to the class of the State Government employees to which they belong and the provisions of Section 156 shall not be applicable to them:

Provided that the Panchayat Samiti shall, in respect of those employees exercise such administrative and disciplinary powers as may be delegated to it by the State Government and shall also have the powers to transfer them within the area of its jurisdiction in the manner prescribed.

158. Government Employees Conduct Rules to apply to employees of Panchayat Samitis.-- The Government Employees Conduct Rules, 1966 (or any other rules for the time being in force), as amended from time to time shall apply to the employees of a Panchayat Samiti in so far as they are not inconsistent with the prowsions of this Act and the rules made thereunder:

Provided that for the word "Government" and the words "Government employee" wherever they occur in the aforesaid rules, the words

"Panchayat Samiti" and the words "Panchayat Samiti employee", respectively, shall be deemed to have been substituted.

105

110

459. Employees of Panchay at Samiti

contracts.-- (1) No emplo yee of a Panchayat S its disposal under of his office or employment, accepts an

than his proper salary and a llowances, a

service on that account,

he shall be debar

under this Act.

460. Employees etc. to be public serva

THE PUNJAB PANCHA

YATI RAJ ACT, 1994

to be concerned in

not

amiti or a State se services are pla ced at |

Government employee who Section 157 shall, in any way, be concerned or int erested in any bargain o r

contract made with the Panchayat Sami ti for any of

Act.

the purposes of this

cerned or interested

or under colour

y fee or reward wh

atsoever other

nd is removed or di

smissed from

red from future em

ployment

(2) If any such employee is so con

nts.-- Every employee of a

t placed at its disposal under

pointed for the

nt within the

Panchayat Samiti, or of th e State Governmen

Section 157, every member and every contractor or agent ap

collection of tolls and fe es shall be deemed to be a public serva

meaning of Section 21 of the Indian Penal Code, 186

CHAPTER - VII

CONSTITUTION OF ZI

LA PARISHADS

AND CONDUCT OF TH

EIR BUSINESS

arishads.-- (1) The St ate Government shall

m the date which may be specified in the notification, there shall b e constituted a Zila Par ishad having jurisdiction

save as otherwise pr ovided in this Act, o ver the entire district excluding

such portions of the dist rict as are included in a municipality or cantonme nt

area or are under the au thority of a municipal co rporation or a notified a rea

committee constituted under any law for the t ime being in farce:

Provided that a Zila Parishad may have it s office in any afea comprised within the e xcluded portion of the district and in such are a May

exercise its powers a nd functions over the property and institutio ns under

its own control or mana gement:

Provided further that Zila Parishads

Punjab Panchayat Samiti Zila Parishads Act have been constituted u nder this Act.

(2) Every Zila Parisha d shall be the n 461, Establishment of Z ila P

by notification, direct that fro

already constituted un der the

_ 1961 shall be deem ed to

ame of Zila Parishad be a body

corporate by having p erpetual succession

and a common seal a

nd subject

to such restriction as are imposed by or und er this Act or any oth er law for

the time being in force, shall be vested with the capacity of suing or bein g

sued in its corporate name, or acquiring, h olding and transferrin g property

or immovable, whether without or within the limi ts of the area over whic h it

106

T ar =

THE PUNJAB PANCHAYATI RAJ ACT, 1994 11

has authority, or entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.

(3) Where a district is re-delimited, the State Government shall reconstitute the Zila Parishad for the re-delimited district under and in accordance with provisions of this Act.

162. Composition of Zila Parishad.-- (1) Every Zila Parishad shall consist of-

(a) the members directly elected from territorial constituencies in the district, each constituency electing oné member:

(b) all Chairmen of Panchayat Samitis;

(c) the members of the House of People and members of the State Legislative Assembly representing a part or whole of the district where major part of their Lok Sabha Constituency or, aS case may be Assembly constituency falls;

(d) the members of the Council of States and the members of the State Legislative Council, if any, who are registered as electors within the district.

(2) All members of a Zila Parishad whether elected or not from territorial constituencies in the Zila Parishad area shall have the right to vote in the meetings of the Zila Parishad except in the election of its Chairman and Vice-Chairman.

163. Determination of number of directly elected members of Zila Parishads.-- Subject to the provisions of Section 162 the number of elected members of a Zila Parishad shall consist of persons directly elected from the territorial constituencies in the area of the Zila Parishad as may be notified from time to time by the State Government at the rate of one member for every fifty thousand population or part thereof of the area of the Zila Parishad:

Provided that in a Zila Parishad having a population of not exceeding five lacs there shall bea minimum of ten directly elected members and in a Zila Parishad having a population of more than twelve lacs, the number of such members shall not exceed twenty-five:

Provided further that the population of each territorial constituency , shall, so far as practicable, be the same throughout the district.

164. De-limitation of Territorial Constituencies of Zila Parishads.--

(1) Subject to the provisions of sub-section (2) the State Government shall, by notification-

(a) divide the every Zila Parishad area for the purpose of election to such Zila Parishad into as many single member terntorial constituencies as the member or members to be directly elected under Section 163;

+ eT

107

112 THE PUNJAB

PANCHAYATI RAJ ACT. 1994

(b) determine the extent of each territonal constituency , and

which seats are reserve d for the Scheduled Castes,

Backward Classes and Women.

(2) Each Zila Parishad area sha ll be divided into territorial constituencies in such a ma nner that the ratio between the population of

these constituencies and the number of seats allotted to it shall, so far as

practicable, be the same througho ut the Zila Parishad area.

465. Reservation of seats of Zila Parishads.-- (1) Sea ts shall be

reserved for-

(a) the Scheduled Castes; and

(b) Backward Classes; in every Zila Parishad a nd the number of seats so reserved for

Scheduled Castes shall bea r, as nearly as may be. the same proportion to

the total number of seats to be filled by direct election in that Zila Parishad

as the population of the Sch eduled Castes in that Zila P arishad area bears

to the total population of that area and such seats may be allotted by

rotation to different constitu encies in a Zila Parishad.

(2) Not less than one-third of the total number of seats reserved for the

members of the Scheduled Castes under sub-section

(1) shall be reserved for women belonging to the Sc heduled Castes.

(3) Not less than one-third (including the number of seat s reserved for

women belonging to the Sch eduled Castes) of the total number of seats to

be filled by direct election in every Zila Parishad shall be reserved for Women and such seat

s may be allotted by

rotation to different constituencies in a Zila Pari shad.

(4) One seat shall be re served for Backward Class es in a Zila

Parishad in which the popu lation of Backward Classes is not less than

twenty per cent of the total population of the District.

466. Duration of Zila Pa rishads.-- (1) Every Zila Parishad, except as |S otherwise provided in this Act. shall continue for f ive years from the date appointed for the first mee ting referred in Section 1 79 and no longer

(2) No amendment of any law for the time being in f orce shall have the effect of causing dissolu tion of a Zila Parishad. which is functioning immediately before such amendment, ti! the expir ation of its duration specified in sub-section (1)

(3) An election to constitu te a Zila Parishad. shall be completed--

(a) before the expiry af its duration specified in su b-section (a)

(b) in case of dissolution , before the expiration of a period of six months from the date of such dissolution

Provided that where the re mainder period for which th e dissolved

Zila Parishad would hav e « antinued is less than six months tt

108

THE PUNJAB PANCHAYATI RAJ ACT, 1994 113

shall not be necessary to hold any election under this clause for constituting the Zila Parishad for such period.

(4) A Zila Parishad constituted upon the dissolution of a Zila Parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Zila Parishad would have continued under sub-section (1) had it not so dissolved.

& 167. Notification of election and oath of allegiance by Member of Zila Parishad.-- (1) Every election of a member of Zila Parishad shall be notified by the State Government in the Official Gazette and no member shall enter upon his duties until his election has been so notified and, notwithstanding anything contained in the Oaths Act, 1969, until he has taken or made, at a meeting of the Zila Parishad, an oath or affirmation of his allegiance in the form as specified in Schedule |

(2) If any person refuses to take or make an oath or affirmation in terms of sub-section (1), his election shall be deemed to be invalid and a fresh election shall take place.

(3) No person whose election has been deemed to be invalid under sub-section (2) shall be eligible for election to any Zila Parishad for a period of two years from the date on which he ought to have taken or made such oath or affirmation.

168. Election of Chairman and Vice-Chairman of Zila Parishad.-- The Deputy Commissioner concerned or any officer appointed by him in this behalf, not below the rank of Extra Assistant Commissioner, shall call the first meeting of the directly elected members of the Zila Parishad including the Chairman of the Panchayat Samitis of the district in the manner prescribed, as soon as the election of all members of the Zila Parishad is notified, to elect the Chairman and Vice-Chairman of the Zila Parishad from amongst the elected members.

Comments

Election of Chairman — Quorum = Submission of appellant that the quorum/two- third of the 11 member Panches comes out to 7.33, therefore, two-third cannot be 7 number of Panches and only 8 Panches could have completed the quorum -- In view of the provisions and amendment in the Rules, the arguments seems fo be convincing. \ Beant Singh and others v. Dilbagh Singh and others, 2012(2) L.A.R. 372 (P&H).

169. Reservation of offices of Chairman and Vice-Chairman of Zila Parishads.-- There shall be reservation for the offices of Chairmen and Vice-Chairmen in the manner prescribed by the State Government--

(a) such number of offices of Chairmen and Vice-Chairmen of Zila Parishads for the persons belonging to the Scheduled Castes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State of Punjab as

109

——————

114 THE PUNJA

B PANGHAYATI RAJ ACT, 199

—_————<$ the population of the Sche duled Castes in the State of Punjab

bears to the total population o f the State of Punjab; | (b) not l

ess than one-third of the total number of offices o f the

Chairmen and the Vice-Ch airmen of the Zila Parish ads in the

State of Punjab shail be rese rved for women. '

470. Rotation of reserved se ats and offices '[-].-- The p rovisions of

Section 107 in relation to the rotat ion of reserved seats and offices (-] shall é>

mutatis mutandis apply for re served seats and offices of th e Zila Parishads.

474. Allowances to the Chai rman and Vice-Chairman an d Members of

Zila Parishads.-- (1) The Cha irman and Vice-Chairman of a Zila Parishad

shall be entitled to such allowa nces, if any, as may be prescr ibed.

(2) Every member of the Zila Parishad other than the Cha irman and

the Vice-Chairman shall be entitled to receive such sitting fee and other allowances as may be prescri bed.

472. Powers, functions a nd duties of the Chairma n and Vice-Chairman of Zila Parishads.-- (1) Th e Chairman shall-

(a) convene and preside o ver and conduct meetings of the Zila

Parishad;

(b) perform all the duties imposed and exercise all t he powers

conferred on the Chairma n under this Act and rul es made

thereunder,

Executive Officer and thro ugh him, all officers and other

employees of the Zila Parishad and the officer s and

employees whose servic es may be placed at the disposal of

the Zila Parishad by the Stat e Government;

(d) exercise such other powers, perform such oth er functions

and discharge such other dut ies as the Zila Parishad may by

general resolution direct or as the State Government m ay by

rules made in this behalf p rescribe;

(e) exercise all supervis ion over the financial and executive

administration of the Zila Pa rishad and place before the Zila }

Parishad all questions co nnected - therewith which shall

appear to him to require its orders and for this pur pose may

call for records of the Zila Par ishad; and

(f) have power to accord sanction up to a total s um of rupees

one lakh in a year for the purpose of providing immedi ate

{. The words "after each Census

" omitted vide Punjab Act No. 15 of 1998.

2. The words "after each Census

" omitted vide Punjab Act No. 15 of 1998.

110

THE PUNJAB PANCHAYAT! RAJ ACT, 1994 115 relief to those who are affected by natural calamities in the district:

Provided that the Chairman shall place at the next meeting of the Zila Parishad for its ratification, the details of such sanctions.

(2) The Vice-Chairman shall—

(a) in the absence of the Chairman, preside over the me etings of

the Zila Parishad:

(b) exercise such powers and perform such duties of the

Chairman as the Chairman from to time may subject to the

rules as may be made by the State Government in the behalf

delegated to him by order in writing; and

the Chairman from the district or by reason of lea ve for a

period exceeding thirty days, exercise the powe rs and

perform the duties of the Chairman.

173. Extraordinary powers of Chairman and Chief Execu tive Officer of

Zila Parishad.-- (1) In cases of emergency, the Chairman or, in the

absence of the Chairman, the Vice-Chairman and in th e absence of both

the Chairman and Vice-Chairman, the Executive Officer may direct the

execution of any work or the doing of any act whic h a Zila Parishad is

empowered to execute or do, and the immediate execution or doing of

which is, in his opinion, necessary for the service or sa fety of the public and

may direct that the expenses of executing such work or doing such act

shall be paid from the Zila Parishad Fund:

Provided that every such direction shall be r eported to the next

following meeting of the Zila Parishad for confirmation.

(2) The Chairman or Vice-Chairman or the C hief Executive Officer

shall not act under sub-section (1) in contravention of any order of the Zila

Parishad.

(3) The Chairman, or, in the absence of the Cha irman, Vice-Chairman

or in the absence of both the Chairman and Vice -Chairman, the Chief

Executive Officer may prohibit, until the matter has been considered by the

Zila Parishad, the doing of any act which is, in hi s opinion, undesirable in

the public interest, provided that the act is one which the Zila Parishad has

power to prohibit.

(4) No direction given under this section sha ll be questioned in any

court on the ground that the case was not one o f emergency.

474, Resignation of Chairman and Vice-Chai rman of Zila Parishads.—

(1) The Chairman and Vice-Chairman may resign his office by writing

under his hand addressed to the State Government.

(2) Every resignation under sub-section (1) sh all take effect on the

expiry of fifteen days from the date of its receipt by the State Government

and office shall become vacant on the expiry of fift een days unless within

111

116 THE PUNJAB PANCHAYATI RAJ ACT, 1994

this period of fifteen days he withdraws such resignation by writing under his hand addressed to the State Government.

175. No-confidence motion against Chairman and Vice-Chairman of Zila Parishad.-- (1) Every Chairman and Vice-Chairman shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a two-thirds majority of the total number of elected members of the Zila Parishad including the Panchayat Samitis of the district at a meeting specially convened for the purpose.

(2) The requisition for a special meeting referred to in sub-section (3) of Section 116 shall be signed by not less than one-fifth of the total number of elected members of the Zila Parishad shall be delivered to the Deputy Commissioner and the Deputy Commissioner on the receipt of such requisition shall within seven days from the date of receipt of the requisition himself convene a special meeting of the Zila Parishad or authorise an officer not below the rank of Extra Assistant Commissioner to convene such a meeting.

(3) The special meeting under this section shall be held, on a day not later than fifteen days from the date of issue of the notice of the meeting and shall be presided over by the Deputy Commissioner or an Officer authorised by him under sub-section (2) and if the motion is carried out against the Chairman or Vice-Chairman, he shall cease to hold office of the Chairman and Vice-Chairman, as the case may be:

Provided that no requisition for no-confidence shall be made under this section unless a period of two years has elapsed from the date on which the Chairman, or Vice-Chairman, or both, as the case may be, assumed office.

(4) If the motion of no-confidence against the Chairman and the Vice- Chairman or both is once rejected, no fresh motion of no-confidence against the Chairman or the Vice-Chairman or both, as the case may be, shall be brought before the Zila Parishad within a period of two years from the date of such rejection of the motion.

Comments

Removal of Chairman or Vice Chairman — The requisite two-third majority has

to be calculated with reference to the total number of existing members. If the intention was otherwise, the Legislature would have inserted the word 'existing' or 'actual' instead of the word 'total'. This not having been done, we cannot read the word 'existing or 'actual' in Section 175 (1) of the Act. Reading the word 'actual' or 'actual' in place of

'total' would be doing violence to the plain language of Section 175 (1) of the Act -— Smt. Roop Kaur V/s State of Punjab 1998(2)PLR 179(P&H High Court DB).

176. Resignation of members of Zila Parishad.-- A member of a Zila Parishad may resign his membership in writing under his hand addressed to the Director and his seat shall become vacant on the expiry of fiftee n

clear days from the date of such resignation, unless within the said period

112

THE PUNJAB PANCHAYATI RAJ ACT. 1994

117

of fifteen days, he withdraws such resignation by wr iting under his hand

addressed to the Director.

177. Filling of casual vacancies.-- (1) Whenever a vac ancy occurs by

death, resignation, removal or otherwise of a memb er of or a Chairman or

Vice-Chairman of the Zila Parishad, the vacancy shal l be filled up by way of

election:

Provided that if the vacancy relates to the Scheduled Castes,

Backward Classes, or to wornen, the vacancy shall be filled up out of the

persons belonging to the category to which the va cancy relates;

(2) a person elected to fill a casual vacancy shall be elected for the

remainder of his successor's term of office:

Provided that where the remainder of the period for which a member,

Chairman or Vice-Chairman is to be elected is less than six months it shall

not be necessary to hold any election under t his section to fill such a

vacancy.

478. Dissolution of Zila Parishads.-- (1) If. in the opinion of the State

Government, a Zila Parishad abuses its power or is not competent to

perform or makes persistent defaults in the performance of its duties under

this Act or willfully disregards any instructions g iven or directions or any

instructions issued by the State Government arising out of the audit of

accounts of the Zila Parishad or inspection of the work, the State

Government may, after giving the Zila Parishad an opportunity to render

explanation, by an order published, alongwith the reasons thereof, in the

official Gazette, dissolve such Zila Parishad;

(2) When a Zila Parishad is dissolved under sub-section (1)-

(i) all members of the Zila Parishad sh all vacate their offices

forthwith;

(ii) all powers and duties of the Zila Parishad during its

dissolution, shall be exercised and perfor med by such person

or persons as the State Government ma y appoint in this

behalf, and

(iii) all properties in the possession of t he Zila Parishad shall be

held by the State Government.

(3) Upon dissolution of Zila Parishad unde r sub-section (1), the State

Government shall constitute a Zila Parish ad as specified under Section 161 and election to reconstitute such Zila Paris had shall be completed before

the expiration of a period of six months from the date of dissolution:

Provided that where the remainder of t he period for which the -

dissolved Zila Parishad would have cont inued is less than six months, it shall not be necessary to hold any e lection under this sub-section for reconstituting the Zila Parishad for such per iod.

(4) The Zila Parishad reconstituted upon the dissolution of the existing Zila Parishad before the expiration of its duration, shall continue only for

113

——

116 THE PUNJAB PANCHAYAT RAJ ACT, 1994

this period of fifteen days he withdraws such resignation by writin g under

his hand addressed to the State Government.

475. No-confidence motion against Chairman and Vice-Chairman of Zila Parishad.-- (1) Every Chairman and Vice-Chairman shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in hirn is passed by a two-thirds majority of the total number of

elected members of the Zila Parishad including the Panchayat Sa mitis of

the district at a meeting specially convened for the purpose.

(2) The requisition for a special meeting referred to in sub-section (3) of Section 116 shall be signed by not less than one-fifth of the tot al number

of elected members of the Zila Parishad shall be delivered to the Deputy

Commissioner and the Deputy Commissioner on the receipt of such

requisition shall within seven days from the date of receipt of the requisition

himself convene a special meeting of the Zila Parishad or author ise an

officer not below the rank of Extra Assistant Commissioner to convene

such a meeting.

(3) The special meeting under this section shall be held, on a da y nat

later than fifteen days from the date of issue of the notice of the meeting

and shall be presided over by the Deputy Commissioner or an Officer

authorised by him under sub-section (2) and if the motion is ca rried out

against the Chairman or Vice-Chairman, he shall cease to ho ld office of the

Chairman and Vice-Chairman, as the case may be:

Provided that no requisition for no-confidence shall be made under th is

section unless a period of two years has elapsed from the date on which

the Chairman, or Vice-Chairman, or both, as the case m ay be, assumed

office.

(4) If the motion of no-confidence against the Chairman and the Vice-

Chairman or both is once rejected, no fresh motion of no -confidence

against the Chairman or the Vice-Chairman or both, as the case ma y be,

shall be brought before the Zila Parishad within a period of two years from

the date of such rejection of the motion.

; Comments

Removal of Chairman or Vice Chairman — The requisite two-third majority has

to be calculated with reference to the total number of existing me mbers. If the intention

was otherwise, the Legislature would have inserted the word 'existing' or 'actual' instead

of the word 'total'. This not having been done, we cannot read t he word 'existing' or

'actual' in Section 175 (1) of the Act. Reading the word 'actual' or 'actual' in place of

'total' would be doing violence to the plain language of Section 175

(1) of the Act - Smt. Roop Kaur V/s State of Punjab 1998(2)PLR 179(P&H High Court

DB).

476. Resignation of members of Zila Parishad.-- A member of a Zila

Parishad may resign his membership in writing und er his hand addressed

to the Director and his seat shall become vacant on the expiry of fifteen

clear days from the date of such resignation, unless within the said period

114

THE PUNJAB PANCHAYAT RAJ ACT. 1994 117

of fifteen days, he withdraws such resignation by writing under his hand addressed to the Director.

177. Filling of casual vacancies.-- (1) Whenever a vacancy occurs by death, resignation, removal or otherwise of a member of or a Chairman or

Vice-Chairman of the Zila Parishad, the vacancy shall be filled up by way of election:

Provided that if the vacancy relates to the Scheduled Castes, Backward Classes, or to women, the vacancy shall be filled up out of the

persons belonging to the category to which the vacancy relates;

(2) a person elected to fill a casual vacancy shall be elected for the

remainder of his successor's term of office:

Provided that where the remainder of the period for which a member, Chairman or Vice-Chairman is to be elected is less than six mont hs it shall

not be necessary to hold any election under this section to fill such a

vacancy.

478. Dissolution of Zila Parishads.-- (1) If, in the opinion of the State Government, a Zila Parishad abuses its power or is not compet ent to

perform or makes persistent defaults in the performance of its duties under

this Act or willfully disregards any instructions given or direc tions or any

instructions issued by the State Government arising out of th e audit of

accounts of the Zila Parishad or inspection of the work, the State

Government may, after giving the Zila Parishad an opportunity to re nder

explanation, by an order published, alongwith the reasons there of, in the

official Gazette, dissolve such Zila Parishad;

(2) When a Zila Parishad is dissolved under sub-section (1) -

(i) all members of the Zila Parishad shall vacate their offices

forthwith;

(ii) all powers and duties of the Zila Parishad during its

dissolution, shall be exercised and performed by su ch person

or persons as the State Government may appoint in this behalf, and

(iii) all properties in the possession of the Zila Parish ad shall be

held by the State Government.

(3) Upon dissolution of Zila Parishad under sub-secti on (1), the State

Government shall constitute a Zila Parishad as specified under Section 161

and election to reconstitute such Zila Parishad shall be completed before

the expiration of a period of six months from the date of dissoluti on:

Provided that where the remainder of the period for wh ich the -

dissolved Zila Parishad would have continued is less than six months, it

shall not be necessary to hold any election unde r this sub-section for

reconstituting the Zila Parishad for such period.

(4) The Zila Parishad reconstituted upon the disso lution of the existing

Zila Parishad before the expiration of its duration, sha ll continue only for

115

118 THE PUNJAB PANCHAYATI RAJ ACT, 1994

the remainder of the period for which the dissolved Zila Parishad w ould

have continued under section 166 had it not been so dissolved. '1178-A. Dissolution of Zila Parishad in exceptional circumstances.—

(1) Notwithstanding anything contained in section 178, where a Zila Parishad has completed its term as specified in section 166 of this Act or

election thereto has been announced and the State Government co nsiders

it necessary in public interest so to do, it may dissolve the Zila Parishad by

i s

e r

| 1 an order published in the Official Gazette.

(2) When a Zila Parishad is dissolved under sub-section (1),— } all members of the Zila Parishad shall vacate their offices forthw ith;

all powers and duties of the Zila Parishad during its dissolution, shall be exercised and performed by such person or persons, a5 the Stat e

Government may appoint in this behalf;-and

all properties in the possession of the Zila Parishad shall be held by

the State Government.]

179. Meetings of Zila Parishads.-- (1) Every Zila Parishad s hall hold

meetings at least once in every three months, at such time and at the office of the Zila Parishad or such place which is a public place within local limits of the district concerned as the Chairman of the Zila Parishad may fix.

(2) The provisions of Section 116 of this Act relating to the proceedings for holding meeting of the Panchayat Samitis shall mutatis mutandis apply in relation to the meeting of the Zila Parishads.

480. Functions of Zila Parishads.-- (1) Subject to such condit ions as may

be specified by the State Government from time to time, the Zila Parishad shall perform the following functions, namely: -

(1) Agriculture: -

(i) promotion of measures to increase agricultural productio ns

and to popularise the use of improved agricultural improvements and the adoption of improved agricultur al

practices;

(ii) opening and maintenance of agricultural seed farms and commercial farms;

(iii) establishment and maintenance of godowns;

(iv) conducting agricultural fairs and exhibitions;

(v) management of agricultural and horticultural extension of

training centres;

(vi) training of farmers;

(vii) land improvement and soil conservation.

1. Inserted vide Punjab Act No. 24 of 1998. on Mic =

116

THE PUNJAB PANCHAYATI RAJ ACT, 1994 119

(2) Irrigation ground water resources and Watershed

Development: -

(i) canstruction, renovation and maintenance of minor irrigation

| works and lift irrigation,

(ii) providing for the timely and equitable distributi on and full use

of water under irrigation schemes under the control of the Zila

Parishad;

x (iii) development of ground water resource s,

(iv) installation of Community Pump Sets and water works,

(v) watershed development programmes.

(3) Horticulture: -

(i) rural parks and gardens,

(ii) promotion of cultivation of fruifé and vegetables;

(iii) development of farms. e

(4) Statistics: -

(i) publication of statistical and other infor mation relating to

activities of Panchayat Samiti and Zila Parishad;

(ii) co-ordination and use of statistics and other information

required for the activiues of the Panchay at Samiti and Zila

Parishad;

(iii) periodical supervision and evalua tion of project and

programme entrusted to the Panchaya t Samiti and Zila

Parishad.

(5) Rural electrification including distri bution of electricity.

(6) Distribution of Essential Commodities.

(7) Soil Conservation: -

(a) soil conservation measures, .

(b) land reclamation and land developme nt works.

(8) Marketing: -

(a) development of regulated markets and marketing yards;

(b) grading and quality control of agricultural p rojects,

(9) Social Forestry: - :

(a) organising campaign for tree planting:

(b) planting and maintenance of trees

(10) Animal Husbandry and Dairying : -

(a) establishment of Veterinary Hospital and Dispensaries;

(b) setting up of mobile diagnostic and clin ical laboratories;

(d) poultry farms, duck farms and go at farms;

117

(9)

(h) common cold storage facility

THE PUNJAB PANCHAYATI RAJ ACT, 1994

for dairy, poultry and fishery products:

fodder development programmes:

promotion of dairy farming, poultry and piggery:

prevention of epidemics and contagious diseases

(11) Minor Forest Produce and Fuel and Fodder: - (a)

(b)

(c}

promotion of social and farm forestry, fuel plantation and fodder development:

management of minor forest produce of the forests raised in community lands;

development of wasteland.

(12) Fisheries: - (a)

(b)

(c)

(d)

(e)

(f)

(g)

fish seed production and distribution:

development of pisiculture in private and community tanks; development of inland fisheries:

fish curing and drying:

assistance to traditional fishing,

organising fish marketing co-operatives: and welfare schemes for the uplift and development of fishermen.

(13) Household and Small Scale Industries including food processing: -

(a)

(b)

(c)

(dq)

(e)

(f)

(g)

(h)

(i)

identification of traditional skills in the locality and developing household industries:

assessment of raw material requirements so as to ensure timely supply:

design and production to suit the changing consumer demand;

organisation of training programme for craftsman and artisans;

liaison to tap bank credit for this programme:

popularising and marketing of finished products:

promotion and development of industrial estates:

organising khadi, handloom, handicraft and village and cottage industries;

supply of improved tool kits to rural artisans and imparting of training in their use;

setting up of rural centres for repair and maintenance of tractors, diesel engines, electric motor and other agricultural implements and electric articles.

(14) Rural Roads: -

118

Sc ennsiinin

THE PUNJAB PANCHAYATI RAJ ACT, 1994

12]

(a) construction and maintenance of roads other than National and State Highways;

(b) bridges and culverts coming under roads other than National and State Highways;

(d) identification of major link roads connecting markets, 4 educational institutions, health centers and link roads:

(€) organising voluntary surrender of lands for new roads and for widening of existing roads.

(15) Health and Hygiene: -

(a) establishment and maintenance of hospitals primary health cénters and dispensaries (except medical college hospital, T.B. Sanitoriums, leprosy hospitals and mental hospitals):

(b) implementation of immunisation and vaccination programme;

(d) maternity and child health activities;

(e) family welfare activities:

(f) organising health camps with Panchayat Samiti and Gram Panchayat;

(g) measures against environment pollution,

(16) Rural Housing: -

(a) identification of houseless families:

(b) implementation of house building programmes in the districts;

(17) Educating: -

(a) promotion of educational activities including the establishment and maintenance of primary and secondary schools:

(b) planning of programme for adult education and library facilities:

(Cc) extension work for propagation of science and technology to rural areas;

{d) survey and evaluation of educational activities; (@) establishment and maintenance of general hostels, ashram schools and orphanages.

(18) Social Welfare and Welfare of Weaker Sections: -

(a) extension of educational facilities to the Scheduled Castes, and Backward Classes by giving scholarships, stipends, boarding, grants and the grants for the purchase of books and other accessories:

119

122 THE PUNJ

AB PANCHAYATI RAJ ACT, 1

994

(b) managing hostels for the benefits of Scheduled Cast es and

Backward Classes;

libraries to eradicate illiteracy an d impart general education,

(d) conduct of Model Welfare Centres and Crafts Centres to train

Scheduled Castes and Backwa rd Classes in cottage and rural industries,

(e) managing residential basi c schools for Scheduled Cas tes .

and Backward Classes, '

(f) . providing facilities for ma rketing of goods produced by

members of the Schedule d Castes and the Backw

ard

Classes,

(g) organising co-operative s ocieties of Scheduled Castes and

Backward Classes,

(h) other welfare schemes for the uplift and development of

Scheduled Castes and Backward Classes.

(19) Poverty Alleviation P rogrammes:—

Planning supervision, mon itoring and implementation of poverty

alleviation programmes.

(20) Social Reforms Activities:-

(a) Women's Organisation and Welfare:

(b) Children's Organisation and W elfare;

(d) maintenance of Social Welfare Institutions such as Poor

Home Orphanages, Rescue Sh elters and the like;

(e) sanctioning and distributi on of pension for widows, ol d and

physically disabled destitutes and allowances for unemploye d

and couples of inter-caste marriages in which one pa rty is a

member of a Scheduled Caste or a Backward Class:

(f) control of fire outbreaks;

(g) campaign against su perstition, casteism, unto uchability,

alcoholism, expensive marri ages and social functions and

dowry (and conspicuous consu mptions);

(h) encouraging community m arriages and inter-caste marri ages,

(i) vigilance against econo mic offences such as smug gling, tax

evasion, food adulteration,

(j) assistance for devel oping lands assigned to landless

jabourers, ;

(k) identify free and rehabilit ate bonded labour,

(1) organise cultural and recr eational activities;

(m) encouragement of spo rts and games and const ruction of

rural stadium,

120

THE PUNJAB PANCHAYATI RAJ ACT, 1994 123

(n) give new fonn and social content to traditional festivals.

(21) Verification of weights and measures in shopping establishments:--

(22) Promotion of thrift and savings through:--

(i) small savings campaign; and

(ii) fight against spurious money lending practices and rural indebtedness.

(2) In addition to the functions specified under sub-section (1) the Zila Parishad may —

(a) manage or maintain any work of public utility or any institution vested in it or under its control and management;

(b) acquire and maintain village huts and markets;

(d) adopt measures for the relief of distress;

(e) co-ordinate and integrate the development plans and schemes prepared by Panchayat Samitis in the district;

(f) examine and sanction the budget estimates of the Panchayat Samitis in the district; "

(g) undertake or execute any scheme extending to more than one block;

(h) take over the maintenance and control of any rural bridges, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon.

(3) The Zila Parishad may be vested by the State Government with such powers under any other law as the State Government may deem fit.

(4) The Zila Parishad of two or more adjacent districts may jointly undertake and execute any development scheme on such terms and conditions as may be mutually agreed upon.

481. Duties and powers of Zila Parishad.-- (1) A Zila Parishad shall advise, supervise and co-ordinate the functions of the Panchayat Samitis in the district.

(2) Without prejudice to the generality of the provisions of sub-sections (1), a Zila Parishad shall have power to—-

(a) examine'and approve the budget of Panchayat Samiti in the manner laid down in section 142;

(b) issue directives to Panchayat Samitis with respect to the efficient performance of their duties and such directives shall be binding on the Panchayat Samitis;

121

124 THE PUNJAB PANCHAYATI RAJ ACT, 1994

Provided that if any Panchayat Samiti does not accept any such

directive, it may return the same with its comment s to the Zila

Parishad with a resolution passed by a two-thirds major ity of

its members, the Zila Parishad shall thereupon consider the

aforesaid comments of the Panchayat Samiti an d shall pass

orders in regard thereto which shall be final;

the requirement of the State Government or at the request of \

a Panchayat Samiti;

(d) co-ordinate and consolidate development p lans prepared in

respect of Panchayat Samitis,

(e) secure the execution of plans, proje cts, schemes oF other

works common to two or more Panchayat Samiti in the

district;

(f) exercise and perform such other pow ers ana functions in

relation to any development programme as the State

Government may, by notification, confer on or entrust to it,

(g) advise the State Government on all matters relating to

development activities and maintenance o f services in the

district, whether undertaken by local authori ties or the State

Government,

(h) advise the State Government on matters concerning the

implementation of any statutory or execut ive order specially

referred by the State Government to the Zil a Parishad

(3) The Zila Parishad may. with the prior approval of the State Government, levy contribution from the Panchayat Samitis Funds in the district.

(4) A Zila Parishad shall have the autho rity to call for any information, statement or record from a Panchayat S amiti which shall comply with any such requisition within a reasonable time.

(5) Notwithstanding anything to the con trary contained in this Act, Zila Parishad shall, when required by the St ate Government to do so, by an order in writing, exercise such supervi sion and contro! over the

performance of all or any of the adm inistrative functions of the Gram Panchayats within the district or any part the reof, as may be specified in

the said order.

(6) Subject to the general or special orders o f the State Government,

the Zila Parishad may--

(a) incur expenditure on education or medical relief outside its jurisdiction,

(o) provide for carrying out any work o r measures likely to

promote health, safety, education, comfort , convenience or

social or economic or cultural well-being of the inhabitants of

the district;

122

THE PUNJAB PANCHAYATI RAJ ACT, 1994 125

(c) contribute to the associations at National or State or inter- state level concerning with the promotion of local government and to exhibition, seminars and conferences within the district related to the activities or Panchayat Samitis and Zila Parishad:

(¢) render financial or other assistance to person for carrying on in the district any activity which is related to any of the functions of the State.

(7) The Zila Parishad shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers to exercise all powers specified under this Act

182. Assignment of functions of Zila Parishad.-- (1) The State Government may assign to a Zila Parishad functions in relation to any matters to which the executive authority of the State Government extends or in respect of functions which have been assigned to the State Government by the Central Government.

(2) The Government may withdraw or modify the functions assigned under sub-section (1).

183. Power of Zila Parishad delegate.-- (1) Not. ©. anding anything contained in this Act, a Zila Parishad may by resoluu.. 2elegate to the Chairman, Vice-Chairman, the Chief Executive Officer or any other employee of the Zila Parishad or of the State Government, all or any of the powers conferred upon the Zila Parishad under this Act except the power to make by-laws.

(2) The Chairman may, by an order in writing, delegate any of his powers and functions also to the Vice-Chairman:

Provided that he shall not delegate any powers or functions which the Zila Parishad expressly forbids him to delegate.

(3) Every order made under this section shall be communicated to Zila Parishad

(4) The Chairman shall have power to modify or withdraw any powers or functions delegated to the Vice-Chairman, under sub-section (1).

184. Standing Committee of Zila Parishads.-- (1) The Zila Parishad shall have the following standing Committees, namely: -

(a) General Committee;

(b) Finance Audit and Planning Committee;

(d) Education and Health Committee:

(€) Agriculture and Industry Committee;

123

126 THE

PUNJAB PANCHAYAT! RA J ACT, 1984 a

(2) Each Standing Co mmittee shall consist of such number of members not exceeding five including the Chairman as specified by the Zila Parishad elected by t he members of Zila Parish ad from amongst the elected members.

(3) The Chairman shall be the ex-officio member s and also Chairman of the General Committee, the Finance Audit and P lanning Committee and Social Welfare Committee and every other Standing C ommittee, shall elect its Chairman from among its members.

(4) No member of the Zila Parishad shall be eligible to serve on mor e

than two Standing Commi ttees.

(5) The Chief Executive Of ficer shall be the ex officio Secretary of the

General Standing Commi ttee and the Finance

Audit and Planning

Committee and he shall nominate the Deputy Chie f Executive Officer or any other Officer of the Zila Parishad as ex offici o Secretary for each of t he

remaining Standing Commi ttee.

(6) The Chief Executive Officer shall be entitled t o attend the meetings of all the Standing Commit tees.

485. Functions of the Standing Committees of Zila Parishad.—

(1) The General Comm ittee shall periorm functions relating fo th e

establishment matters and functions relating to com munications, buildings, rural housing, village ext ensions, relief against the natural calamities and allied matters and all mis cellaneous residuary matt ers.

(2) The Finance Audit a nd Planning Committee shall perform the functions relating to: -

(a) the finances of the Zila Parishad, fr aming of budgets, scrutinising proposals for increase of revenue examination of

receipts and expenditur e statements, consider ation of all

proposals affecting the finances of the Zila Pa rishad and

general supervision o f the revenue and ex penditure of the Zila Parishad,

(b) the plan priorities, allocation of outlays to developments,

horizontal and vertical linkages, implementatio n of guidelines

issued by the State Go vernment, regular rev iew of planning

programmes, evaluatio n of important progra mmes and small

savings schemes.

(3) The Social Justice Com mittee shall perform func tions relating to:-

(a) promotion of educ ation, economic, soci al, cultural and other interest of the Scheduled Castes and Backward Cla sses,

(b) protecting the Sched uled Castes and Backwa rd Classes from

social injustice and all o ther forms of explanation

Classes;

124

THE PUNJAB PANCHAYATI RAJ ACT, 1994 127

(d) securing social justice to the Scheduled Castes and the Backward Classes, women and other weaker sections of the society;

(4) The Education and Health Committee shall perform the following functions, namely: =

(a) promotion of educational activities in the Zila Parishad area;

(b) undertake the planning of education in the district within the framework of the national policy and the national and state plans;

(d) perform such other duties pertaining to education, adult literacy and cultural activities as the Zila Parishad may assign to it;

(e) maintenance ef

(5) The Agriculture and Industry Committee shall perform functions relating to: -

(a) agricultural production, animal husbandry, co-operation, contour bunding and reclamation;

(b) village and cottage industries;

(6) The Standing Committees shall perform the functions specified in sub-sections (1) to (5) to the extent the powers are delegated to them by the Zila Parishad.

(7) The Standing Committees shall perform in respect of matters assigned to them such additional duties as may be assigned to them by the Zila Parishad.

186, Procedure of Standing Committees of Zila Parishads.-- (1) The Zila Parishad may frame regulations relating to election of members of the Standing Committees, conduct of business therein, and all other matters relating to them.

(2) The Chairman of every Standing Committee shall in respect of the work that Committee be entitled to call for any information return, statement of report from the office of Zila Parishad and to enter upon and inspect any immovable property of the Zila Parishad or any work in progress concerning the Standing Committee.

(3) Each standing Committee shall be entitled to require attendance at its meetings of any officer of the Zila Parishad who is connected with the work of the Standing Committee and the Chief Executive Officer shall, under instruction of the Standing Committee, issue notices and secure the attendance of the officer.

125

128 THE PUNJAB P

ANCHAYAT RAJ ACT, 1994

487. Power of Zila Parishads to acquire, hold and dispose of

property.-- (1) A Zila Parishad shall have the power to acquire, hold and dispose of property and to enter into co ntracts:

Provide that in all cases of acquis ition or disposal of immovable property the Zila Parishad shall obt ain the prior approval of the State.

(2) All roads, buildings and other work constructed by a Zila Parishad shall vest in it.

(3) The State Government may allocat e to a Zila Parishad any public property situated within its jurisdict ion, and thereupon, such property shall

vest in and come under the control of the Zila Parishad.

(4) Where a Zila Parishad requir es land to carry out any of the purposes of this Act, it may negoti ate with the person or persons h aving

interest in the said land, and if it fail s to reach an agreement, it may mak e

an application to the Deputy Commiss ioner for the purpose and the Deput y

Commissioner may if he is satisfied that the land is required for a public purpose, take steps to get the la nd acquired under the provisions of the

Land Acquisition Act, 1894 and suc h land shall, on acquisition, vest in the

Zila Parishad.

488. Zila Parishad Fund. (1) For every Zila Parishad there shall be

constituted a Zila Parishad Fund b earing the name of the Zila Parish ad and

there shall be placed to the credit there of--

(a) contributions and grants, if any, made by the Central Government or the State Governme nt including such part of land revenue collected in the Stat e as may be determined by the State Government;

(b) contributions and grants, if any , made by a Panchayat Samiti or any other local authority;

(d) the proceeds of road cess and public works cess levied in the district;

(e) all receipts on account o f taxes, tolls, rates, cess, fe e

including local rates and fees levi ed by the Zila Parishad;

(f) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by o r

placed under the control and management of the Zila

Parishad;

(g) all sums received as gift or contribution and all income from

any trust or endowment made in favou r of Zila Parishad;

(h) such fines or penalties impo sed and realised under the provisions of this Act or of the bye-laws made thereunder.

(i) all other sums received by or o n behalf of the Zila Parishad.

126

THE PUNJAB PANCHAYATI RAJ ACT, 1994 129

(2) Every Zila Parishad shall set apart and supply annually such sums as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to officers and employees.

(3) Every Zila Parishad shall have the power to spend such sums as it thinks fit for carrying out the purpose of this Act.

(4) The Zila Parishad Fund shall be vested in the Zila Parishad and the amount standing to the credit of this fund shall be kept in such custody or invested in such manner as the State Government may, from time to time, direct. ~~

(5) All orders or cheques against the Zila Parishad Fund shall be signed by the Chief Executive Officer.

189. Taxation measure by Zila Parishads.-- (1) The State Government on the recommendation of the State Finance Commission constituted under Article 243-1 of the Constitution of India or otherwise allow a Zila Parishad to levy any tax, duty, fee, toll and cess which has not been levied by any Gram Panchayat or Panchayat Samiti and thereupon the Zila Parishad shall have the powers to impose, collect and appropriate to its Fund such tax, toll, duty, cess ar fee.

(2) The scales of tolls, fees or rates and the terms and conditions for the imposition,thereof.shall.be such as may be provided by bye-laws and the bye-laws..so.made.may provide for exemption from all or any of the tolls, fees or rates in any case or category of cases.

(3) The Zila Parishad while levying any tax, duty, fee, toll and cess under sub-section (i) shall be governed by the same provisions of this Act by which the Gram Panchayat or the Panchayat Samiti, as the case may be, is governed.

190. Financial arrangement by Zila Parishads.-- (1) A Zila Parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the State Government, loans for the repayment of such loans and may utilise such loans for the purpose for which it is taken.

(2) Notwithstanding anything contained in this Act, a Zila Parishad may borrow money from the State Government or, with the previous sanction of the State Government, from banks or other financial institutions, for furtherance of its objective on the basis of specific scheme as may be drawn up by the Zila Parishad for the purpose.

191. Recovery of rates, taxes etc. All arrears of rates, taxes, duties, toll, cesses and fees imposed under this Act and all arrears of sums due from a contractor on account ofthe collection of fee and tolls:leased lee be 'recovered as arrears of land revenue.

0 Ont ort! Wt wesi 1S"

127

130 THE PUNJAB PANCHAYATI RAJ ACT, 1994

192. Budget of Zila Parishad.-- The Chief Executive Officer of a Zila Parishad shall, in each year, frame and place before the Zila Parishad, on or before the prescribed date, a budget showing the probable receipts and expenditure during the next financial year. A Zila Parishad may prepare and approve each year a supplementary budget.

493, Account of Zila Parishads.-- Accounts of receipts and expenditure of every Zila Parishad shall be kept and made in such form and manner as may be prescribed.

194. Audit of Accounts of Zila Parishads.-- The audit of accounts of the Zila Parishad shall be carried out by such authority as may be prescribed by the State Government and a copy of the audit note shall be forwarded to the Zila Parishad within one month of the completion of the audit.

(2) On receipt of the audit report referred to in sub-section (1), the Zila Parishad shall either remedy any defects or irregularities which have been pointed out in the audit and send to the State Government within three months an intimation of its having done so or shall, within the said Period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it may wish to give.

195. Chief Executive Officer and Officers of Zila Parishads.-- (1) The Additional Deputy Commissioner (Development) in every district shall be the ex officio Chief Executive Officer of the Zila Parishad of that district and an officer of the Department of Rural Development and Panchayats not below the rank of District Development and Panchayat Officer shall be the Deputy Chief Executive Officer of the Zila Parishad.

(2) The State Government may also appoint an Accounts Officer for each Zila Parishad.

(3) In addition to the officers referred in sub-sections (1) and (2) the State Government may appoint from time to time in every Zila Parishad such officers out of the officers of the State Government including officers of Indian Administrative Service working under the control of the State Government as the State Gavernment may consider necessary.

(4) Notwithstanding anything contained in this Act or any other law, for the time being in force, the State Government or any other officer or authority authorised by the State Government in this behalf shall have the * powers to effect the transfer of officers appointed under sub-section (3) from one district to another district. .

496. Staff of the Zila Parishad.-- (1) Subject to rules made by the State

Government, Zila Parishad may employ such employees as it may consider necessary for the efficient performance of its duties and functions imposed upon it by this Act or rules or bye-laws made thereunder or any other law for the time being in force.

128

ye ha

THE PUNJAB PANCHAYATI RAJ ACT, 1994 131

(2) The State Government may constitute in the prescr ibed manner

such services for each Zila Parishad as may be con sidered necessary.

(3) The provisions of sections 155, 156. 157, 158, 159 a nd 160 as far

as may apply to the employees of the Zila Parishad in sam e manner and to

the same extent as they apply to the employees of the Panchayat Samitis.

4197. Functions of Chief Executive Officer of Zila Parishad.-- (1) Save

as otherwise expressly provided by or under this Act, the Chief Executive

Officer shall: -

(a) carry out the policies and directions of the Zila P arishad and

take necessary measures for the speedy execu tion of all

works and developmental schemes of Zila Parisha d;

(b) discharge the duties imposed upon him by or under this Act

or the rules and regulations made thereunder; {c) control the officers and employees of the Zila Parishad

subject to the general superintendence and contr ol of the

Chairman and subject to such rules as may be pr escribed;

(d) have custody of all the papers and documents relating to the

Zila Parishad; and

(e) draw and disburse money out of the Zila Pari shad Funds and

exercise such other powers and perform such other functions

as may be delegated to him by this Zila Parisha d or by its

Chairman.

(2) The Chief Exécutive Officer shall attend every meeting of the Zila

Parishad and may take part in the discussion but sha ll not have the right to

move any resolution or to vote and if in the opinion of the Chief Executive

Officer any proposal before the Zila Parishad is violation of or inconsistent

with the provisions of this Act or any other law or the rules or orders made

thereunder, it shall be his duty to bring the same to the notice of the Zila

Parishad.

(3) The Deputy Chief Executive Officer shall assist the Chief Executive

Officer in the performance of his duties and shal l act as a Planning Officer

to advise the Chief Executive Officer in matter s of plan formulation and

shall be responsible for all matters relating to planning of the Zila Parishad

including the preparation of plans for ec onomic development 'and social

justice and annual plan of the district.

(4) The Accounts Officer shall advise the Zila Parishad in matters of

financial policy and shall be responsible f or all matters relating to the accounts of the Zila Parishad including preparat ion of annual accounts and

the budget.

498. Recovery of money by Chief Executiv e Officer of Zila Parishad.—

(1) Every person in possession of moneys, accounts, records or other

property pertaining to the Zila Parishad or to the Panchayat Samiti within the area of the Zila Parishad shall on requisition in writing of the Chief

129

¥32 JHE PUNJAB, PANCHAYAT RAL AGT,

4894

ARAN fficer, for,,this PUsPose, forthwith, hand over Such MOAGYS OF

eliVey., SUCH A GRAB BS "PF @tneR PORGTY, 10 dhe Bue Rae RINE

Officer or the person authorised in the requisit ion to receive the same;

1st 26 , he hie Eye cl St

h cet enolase 10 enoiaiverg ant

(o)

vy endahile, Chiet Executive. Offices. may £ Jab slope td aeeye ORY

pale ye from. any Persea Be arrears,.o

f and Levene, SUsies do the

provisions of the 'Punjab Land Revenue Act, 1887 for the recovery of the

arrears of land revenue from defaulters and f or the purpose of recovering

ottie-adcourts; ree6fus' SF athar property pertaining! (bthe GranvParichiyat

ogbiPahchayal SainifP ore Zila Pa stad nbay ede a s earen? warreriP afd

exercise such powers with respect thereto as ma y lawfully be bxérasad by

vadMagistrate ainderithe provisions .of-Chaptet, Viljof:the Godesof Criminal

\Presedure.d49Z3

(Genteal het 2pft874tem yisezsosn 96!

(3) Every persbn Rrowihy wherecany moreysed ecetints, records or

other property pertaining toe: Gram Ranchayate r Banghayat Semiti or Zila

Parishad are cangealed, shall, he-bound to. givesi ntarmation of the same to

the. Ghiet Executive, Officer iam bie 2recitto ani lownos (a)

orit 1d4)>ARappEAl shalblie: som an erdes,pb t he Chie disecuive Officer

undesthis section tothe State Govermme ntive ons nsmisho

art of pnifsion ainamusob bois 2eqeq arit lle Io ybot2zu9 sven (b)

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bns ebru beraiieS GHAPTER

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bereneS

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isino2 brs Insergeifetynrcistikelpto teaditel a fotoribfimegaerg oc} pnibulon

(2) The Director shall, before takiiig'aUiSA U RGE SUBREGION Ff Give

ithe: Pamchayatsale opportiinity foraixpiaiiations o iO 2tnuosoA ontT (})

arth oe Gn'lGt Ib BSBEHPCaniMlsdloier? Hi medene! siefi6H Is

fo PPYBESIAIGP ORLaNY OF TRB groUNdS beet Ed in

clause (c) of sub-section (1), he may, by order in writing, s(apera the

resolution and make a report to the Director

—.bs (A ATE BIREGaveH Ment Hey: Silnet Sus rot kror dn arvepresshtafion

pita bythe Panchayat Satitortie na Parisha d ager Ad Dyrthe order

ide!Uinder SUB ISUCAHH(S) CaP faPIRASECOrA OFANE

EASESMOWHIGR SUCH

tgif art to oniinw ni noitiziups: no llsrle be rd2ns9 e6liS ort to esis Sri

130

THE PUNUABPANCHAYATIRAYACT, ieba! 133! onion was ; made and pass cuctesrearmretation thereto as they may deem Tubut he Paneeepentiah al ae pass any. ore piRindiaial sa tom manepayet unlessat igegiven.a8-opnortuninafanexplanations nel paitiosg2 amit ant nirtiw d6inw9 Yo sisl@ v dpnie vides 1oleveumbA na Ime doibanul bas rewoq § arit a ap aire o ~ f

200. Pert of. utie he Panchayats ay A Wher @ eae no dll Sane, a AAS AY iy Ei i saga function upon, tt-by 9 under this, Actiory aw for:

time: being.in.fc or.bnel tslimed2 si! aperem © t . os rae bre eee Wihieetg t ne: Vl =

whisinam ty a PS Ones of eine bes nchayet, Piet 2 yOS) Develo aie Sed wie Hiss neve! sift om 2sranes" art to

Den Oia efi in ithescaserof Teele Sarhithor a Zia Parishad the:

avanio bre ds ims 12 v fipme deel "apelliv ect to Inemaclavab sii no eine (Had 88S FLA J (EP ros

by.an.erder in w fete re ie the, ermal eidivty.and

Haat not. pertorme oi fas a oan sn aber

personite perfomashe d Cee ee ea arc

incidental to; its performance:shall ebe oad oydhe Grane Pomona abo ninic cn ORGS HTP HE GBiNiOH? Bf the' Pieper "Rag Fatea des:

eal nea abe a iminister Tat 1 ie Sree e, in

Ge ae AG oe PWM a Kaen 4

fT es Maid

te CAT IGE SSP Ui at Sr toreshed a i es a =

SDP AVNET that the? Dinsetor may: way oe

i ment and thereupon the adminis es eal Be

yt he cotiderned Panchayat ge —1ievein of the £ inaminiogg's e259 1 Soll Panchayat: Zen nah Suess "@) salle og 6g win ber 26 re -Aopersonapnointec under sub-section ) shallexercise. all such, Sewers congehrorreganrior GOsereaty andar thisActh: naan dhan Seen pebscenidt ane rie parent re ve"

Sennen ;

snenaéd) Thésincatrie' from the mana: enteofthe property: referred 0° an stitseetion (2 ) shan be 'tredited 40° fond 'of the' Sticttar ot S0en ad a vents aeiaing Foon See patti i toa

, including the ol aan payable t ae

Ghgat SUB-geetgn Sta BS ist out oF the cong rea Parksiajar tin, anieps madgl od Neo moos ted? yanspnilnas 13 nny herein wilaapes heros erie onset, *

"Soo IL ea oh a ie eg eet yadic bis deinu4 to of iste a ripnie pnibasq efiijein: thecasec of-@.Panchayat Samitiare ZilacRadshad; the elqinaa of ts hifentGrol navip eew ae a on ter! s1oleS-- speliiv to aAow ia ARUN 'aniordar di > Eris layind''¢ ae Pof the fin ve Panchayat con . fom ee a 4p.part from such

fund and if such a person does not comply a the cee Seer oe amount. from the,fund of the RaachavAl AR ATERAT® QAMANS ORO, alusi to InsminioggA = nevig esw ponies brs gaifon on fen! sted — 'bei re Jel nehc' oF fGE LAG (S)S00° sess 2'dinieH Wye ened 'ebiaa fez od ot sldeil ai woleeninbA Be

131

134 THE PUNJA

B PANCHAYATI RAJ ACT, 1994

Comments

Appointment of Administrator -- !f the Panchayat failed to perform any duty

within the time specified, then the D DPO and the Director, as the case may be, have

the power and junsdiction to appoin t an Administrator. Jasbir Singh v. State of Punjab

and others, 2011(3) L-A.R. 688 (P&H).

Appointment of Administrator - Quorum of the Gram Pancha yat was not

complete -- Panches are not co-op erating with Sarpanch -- Sanctione d grants for

construction of drains, streets, po nds, circular roads etec., latrines, sports, 12th Finance

Commission and Panchayat fund s to manage the shamilat land, could not be spent on

the development works of the vi llage — Held, development of the village cannot possibly

be permitted to be jeopardized o r hampered by the petty (village) politics and mentality

of the Panches in this rele vant direction - DDPO did

not have any olher

alternative/option, but to appoint the Administrator ta spend th e indicated sanctioned

grants on the development of th e village. Jasbir Singh v. State o f Punjab and others.

2011(3) LAR. 688 (P&H).

; Appointment of Administra tor — Rule of Natural Justice -- Administrator was

appointed to complete pending w ork of village —Before that no opp ortunity was given to

Panchayat to complete development work and no opportunity of hearing was afforded —

Appointment of Administrator is liabl e to be set aside, Harbans Kaur Kai nth's case,

2002(2) PLJ 393 relied. Ranjit Ka ur and Others v. State of Punjab and Others, 2006(1)

L.A.R. 546 (P&H D.B.).

Appointment of Administrator — Rule of Natural Justice - Adm inistrator was

appointed to conduct cases rela ting to 'Shamlat Deh land' — Bef ore that no notice and

hearing was given — Appointmen t of Administrator is liable to b e set aside, Harbans

Kaur Kainth's case, 2002(2) PL J 393 relied. Gurjant Singh v. The Special Secretary,

Punjab Government, Rural Devel opment & Panchayat Department, Punjab. Chandigarh

and others, 2006(1) L-A.R. 55 0 (P&H 0.B.).

Appointment of Administrator - Section 200 of the Punjab Panchaya ti Raj Act,

1994, inter alia, provides the procedu re which has to be followed in case of defaull in

performance of duties by the Pan ches. li is not disputed that the procedure as

contemplated under Section 200 of the Punjab Panchayati Raj Act was not even

invoked much less than followed, On the respondent's own showing the charge was

given to the petitioner on August 25, 1998. On the same day the Dis trict Development

and Panchayat Officer is alleged to have sent a communication vide letter No. 1087

alleging that the quorum is not complete

. A recommendation was made that t he 3"

Respondent be appointed as Administrator -- Action is abso lutely arbitrary — Arnik Singh, Sarpanch, Village Chanarthal Khurd W/s District Development and Panchayat

Officer, Fatehgarh Sahib and othe rs 2000 (2) PLR 712 (P&H High Court DB) = 1999 (1)

PLR 417(P&H High Court DB). Jurisdiction — A perusal of sect ion 200 (2) of the Act shows tha t itis only in one

contingency that action can be taken against the petitio ner i.e. if he has failed to perform any duty other than the j udicial function, within the time sp ecified by the District

Development and Panchayat Of ficer, then and only then, the D istrict Development and

Panchayat Officer would have th e jurisdiction to appoint an Admin istrater — Harbant

Singh V/s State of Punjab and other 1995 (1) PLR 303 (P&H High Cour t).

Rule of Natural Justice — Ad ministrator was appointed to c omplete pending

work of village —Before that no opportunity was given to Panchay at to complete

development work and no opp ortunity of hearing was afford ed — Appointment of

Administrator is liable to be set asid e, Harbans Kaur Kainth's case, 2002

(2) PLJ 393

relied. Ranjit Kaur and Others v. State of Punjab and Others, 20 06(1) L.A.R. 546 (P&H

D.B.).

Rule of Natural Justice -- Admin istrator was appointed to conduc t cases relating

to 'Shamlat Deh land' — Before that n o notice and hearing was given — Ap pointment of

Administrator is liable to be set a side, Harbans Kaur Kainth's case,

2002(2) PLJ 393

132

THE PUNJAB PANCHAYAT! RAJ ACT, 1994

135

ab Government, Rural Developm ent

relied. Gugant Singh v. The Special Secre tary, Punj

006(1) L.A.R. 550 (P&H

& Panchayat Department, Punjab, Cha ndigarh and others, 2

D.B.).

201. Power to call for proceedi ngs of Panchayat.-- The State Government may call for and exam ine record of proceedings and the record of any executive order of aily Pa nchayat or any officer or authority of the Panchayat for the purposes of satisfying itself as to the legality and

propriety of any executive order pas sed therein and may confirm, modif y or

rescind the order.

Comments

Exoneration or Removal — Order of suspension, exoneration or remov al is not

an executive order passed by Gram Panchayat or by its officers -- S uch orders are

passed in exercise of quasi-judicial authority and thus do not fall within the preview of

Section 201 of the Punjab Panchayati Raj Act -- Darshan Singh V/s State of Punjab and

others 1998(1)PLR 152(P&H High Court

DB).

powers of the State Governmen t.-- If at any time the arisen that purposes of this th its provisions the State

202. Emergency State Government is satisfied that situation has

Act cannot be carried out in ac cordance wi

Government may, by notification —

(a) declare that the functions o f a Panchayat shall, to such ext ent as

may be specified in the notification, be exercised by such person or authority as it may direct; or

(b) assume to it all or any of the

the Panchayat; and

such a notification may contain such incidental and consequential

provisions as may appear to the State Government to be neces sary or

desirable for giving effect to the o bjects of the notification:

Provided that such a notificatio n shall not remain in fore of more than six months.

powers vested in or exercisable by

e for a penod

203. Access to or seizure of re cord of Panchayats.-- A Panchay at shall

permit any officer or any other person authorised by the Directo r in this

behalf to have access to or seize o r cause to be produced before him all its

books, proceedings and record s and to enter upon and in spect any

immovable property occupied by or any work in progress unde r the orders

of, or any institution controlled by the Panchayat.

The State Government may fr om time

204. Power to issue direction s.--

as it considers necessary for to time issue directions to the P anchayats

carrying out the purposes of thi s Act.

irs of Panchayats. (1) The State Government may

205. Inquiry into affa e made by any of its officer into the affairs

at any time cause an inquiry to b

133

136 THE PUNJAB PANCHAYAT) RAJ ACT. 1994

of a 'Pari r chayat'in n'tegard to any' mattef 'concerning' it or in regard to any maittér with respect to which' gahction, approval, consent or order of 'the State Government is required by or under this Act.

ajcit2) The Officer holding inquiry under sub-section (1). shall haa th powers. | of. a Civil Court under the Code' of Civil Procedure, 1908, to take evidence and to, 'compel, the Aeneas of witnesses: and, pee of OLAS PSSST of inguiry., ;

10 Wlibom ,mitnos ys ; need Wiles woe toy

206. Right of State Gevernnmant. Offic icers te attend nnaitnee os Panchayats.-- Such Officers of the State Government as the State Government may by order, spa¢ify shalifave the right to speak in and otherwise take part | in the proceedings of the meetin ofa Panchayat or any Standing-Commitiee. Peet, ie anal net 'be ent Ws 'to" Note? 'at any such meeting: i-: thw viet fon o

brs desing te ote

Beywow| eB # De E ® af

Wi pr 2 ale -- fe. S89 aaveroneS ¢ Tit Gaytt te 6 G nSioae

207. General powers of State Government and Hacitlea Heese! - 1h all matters connected with this Act, the State Government shall have an exercise over®Commigsitrerse dnd athe Commissioners -shalh chave "an exercise? aver thes Deputy Commissianers, the-same: authority: and

en inaixa move pe HS YEN

Noes} Tove yo bee Sc oiteottiton oe

- | "CHAPTER-IK.

7 MISCELLANEOUS." Hale 7330s 6Ininebion) rlauve mistnos yem noifeonton D isha aoe (1) PerS6A stall be are or being chosen ag "and for beihg'a Tease 'Ot a' PANCHAYAT if, 0! oldsv2s5 boN34 S lah "He id' s6 Gigdualified by GPURAEH ANY FAW forthe aie 'belng in force for the purposes of elections td 'the Legislature of the State:

SY 5 BpOGided "thaten6' PersGn' hal be" disqualified ondhe ground ahat he ig less thanwenty-five pours of 898, is heshias — he O10} aige of twenty-dne years; 1° 10 Side 10 Of 229006 even of tlsrisd ne vies TR), has, beet found guity ot ay Rabe praentes in-any efettion

" "ola eile Panchayat Patithayat Samiti or 'Zila Parishad;

(c) has been convicted of any offence 'involving moral. turpitude _or an offence implying ¢ of any defect of a Sarpanch or Panch one "of Grahi Panchayat or menibert 'pte 'Patichayat SamithorZila eeeesoe" Barshad. unless a" period' of f ive yeats Nas retapeaa! sos | his conviction; or

_ (d) has been convicted of an election offence, or

nfisvod stele sit (1) - eee isna9 fo sists ofni yiupnl .20s to yns yd sbem sd of yilupni ne Saueo art vos ts

i ofr taco 2}

134

THE PUNUAB/PANCHAVATI RANCH, i994" 137! no SS YSU id eR RRO BEE sor tat is ely esse te ues!

—&) has been ordered ita givernechity for good behavior under ne®PChon (10 ofthe Gode, of Criminal Beogedure,, tia O: "has! bean Tiétied | as alihed "Tor appoiritinghy'ag° (2 "servant except ont T abeataren

rep novasid Sri pubic od

mam bafosis n6 polbsenu

"@ is" aowhole-timeé salatied 'emproyer: "Of "pala eathionty' a eee 'Corp arab, tae ag c

e alte iu

coh 1961.91.01 fie Garstncati le oa Qve'

(HST ae AA (Soros di 'boa dpe tabowled wv

(hy is" registered" as! 'a Sabitua®" "OnGHGEr: Sunde? the 4Aabitual

"OS offenders (Control ahd' Reforms) Act HSSZ BP aHy OffEE a law?

for, the time being in force; or

36jnw4 sl te TP naisse arbanotnsm enodsctisup2iO — nousotilsupei0 ton dip ei not paid themarrears! of dtaxd imposedeaibyoa Asram , Panchayat Perichiaya? sare 'ot ZiabParishad, as the\case:

waite May Betor!®? S16 £15 niose2 ni banciinsm 2NOGs! heap SMITE WHO AL ne nmol noises sist dap

(j) is a tenant srCleasepe ar 'Contrscton-0P ia taabv inca ors nolokpreperty of the,Gram,Panchayat, Panchayat: et an ' Palishadparee n f yhlecuainuMueyeriansS to wadmaM 6 io netaunid of Ingnpuqe: wn Instzienoon wedlisn a1 1

cot tty iiSlN in ainauthonsed,ecu pation ,1.PLapesty, Kvneosens aay eee eee S16 euril anoiziveng aril ies - law 26

0. being 'a' Sarp an ch has cash in hand 'exceeding the "amount acd Wot "opr Es td rls 'miade diner th g Appesmitsupard a Mee Ye TEUpEID YMG MUON g ¥ENONBS 6 lo adman so ds memberof heen of Paniament ordfihe Legislature é of the' Purijdb/State:"* mst yeptV viet moe Seer Jo4 noiezimmod yulgen ws - ano to pn Sai oidGaitileu

"Provided, that. a..member ah ple taite. fine Pe 1.26 \-oaduegislatureof Punjab State jaay,be, pine oc vid is semember of: "Gram "Panchayat, Panchayat Sarco en od 98° 'Parshadih"** alérig Swithe his 'orto Br a eaiagart 4 ee House of Parliament oro the = ee aoe ert ihe ite 3 thie? ae stro es re ik

ie Es ae ram palin

_ Panchayat. the Panghayat Sami al ee Zila Parishad I ay nets

man! & 1

ns nay shas Heeh convicthd:oblanboferteezandér thé 'protection of the! eee! OE ORIghtS! Et! 195 "wth a> petieAO sO OnvE ERTS: immediately "preceding" {he "ase! date of 'the titiag Sor the Mebroges? ma sr

nomination papers; Or acy aas AAJ (hetOS erortio B oe 2

2 Jae (Oo) beingeasSafpanchsan Panch dotsenct-attactn certificate with SSL "his'nomination 'pa irs "to ithe 'effect' thab et ies oP to ffi Bick' Developmetit and Parichayar Onficer 7 a ' A : cara 'at tie Leak of be Gran Puc "arid of the cas ohe © ont ANY WIR-DIM6 465% ieuper bas neu Iglzipal insupgedue 6 21 BET lo

135

—————— ——

138 THE PUNJAB

PANCHAYAT) RAJ ACT, 1994

Comments

Conviction under NDPS Act — Eff ect of - Election of Panch - Disqu alification

— Applicability of Representation of P eople Act -- Interpretation of Article 243-F would

be that the Election Tribunal can consider the disqualification for t he purpose of

unseating an elected member of P anchayat if he 15 $0 disqualified ei ther under the Act

of the State or under the Represe ntation of People Act, meant fo r the election of the

Legislature -- Held, case 15 covered by Article 243-F (i) (a) of the Con stitution of India

read with Section &(i) (f) of the Representation of People Act and as such, being a

convict for 10 years under the N DPS Act, he was not entitled to be considered eligible

for contesting the election as a member s of the panchayat. Joginder Singh a nd another

v. Balwinder Singh and others. 2010(2) L .A.R. 561 (P&H). Disqualification - Candidate while serving in the Marketing Committee cannot be held to be holding the office of profit.

Som Lal v. Vijay Laxmi & Others, 2008

(2) LAR

556 (SC).

Disqualification — Disqualifications mentioned in Section 11 of the Punj ab State

Election Commission Act being in later paint of time will prev ail and not the

disqualificatians mentioned in Section 208 of Punjab Panch ayau Raj Act --

Disqualificatons mentioned in S ection 208 which are consistent with Section 11 of

Punjab State Election Commission Act can only survive and not oth er disqualifications.

Som Lal v. Vijay Laxmi & Others, 2

008(2) L.A.R. 556 (SC).

} Disqualificatio n -- Disqualifications prescr ibed for being elected and/ or

H continuation of a Membe r of Panchayal/Municipality in Sect ion 11 of the State Election ; Commission Act,

are neilher inconsistent nor r epugnant to Section 208 of the

Panchayati Raj Act though the latter Act has provided some additional disqualifications

as well -- Both the provisions, t hus, are supplementary and comp limentary to each

other, Som Lal v. Vijay Laxmi ete. , 2006(1) LAR. 376 (P&H D.B.). Disqualification - Person shall be disqualified for being chos en and for being a

member of a Panchayat if, he in curs any ot the disqualifications enlisted in Section 208

of the Punjab Panchayati Raj A ct. 4994 and/or sectian 11 of t he Punjab State Election

Commission Act, 1994. Som La l v. Vijay Laxmi etc. 7006(1) L .A.R. 376 (P&H D.B.).

Disqualification — Repealing of p rovisions — For implied repeal, th ree tests have

been laid down, i.e., (i) whethe r there is direct conflict betwe en the two provisions, (I) whether the Legislature inten ded to lay down an exhaustiv e code in respect of subject matter replacing the earlier law; (ili) whether the two laws occ upy the same field -- No

inference of implied repealing of section 208 of the Panchayat i Raj Act can be drawn

out of Section 143(1) of the State E lection Commission Act. Som Lal v. Vijay Laxmi etc.,

2006(1) L.A-R. 376 (P&H D.B). Disqualification —- Suspens ion/Removal ef Sananch

- (incurring of

disqualification under section 208 can be the grounds upon wh ich a Member of

Panchayat can be suspended or remo ved from the office. Som Lal v. Vijay L axmi etc..

2006(1) L.A.R. 376 (P&H D.B.) Election of Panch — Challeng e to -- At the lime of filing of nomination papers

N_O.C. issued by B.0.P.0. wa s attached alongwith papers by the appellant and the

same was accepted by the compet ent authority but at that time no objection was raised

regarding holding of Panchayat land unauthorizedly which was t he night stage and now

iL can not he on respondent's mouth to take such objection. Balbir Singh v Kamal

Singh & others, 2012(1) LA.R. 255 (P&H).

Election of Panch — Unauthorise d occupation — Effect of -- Tribu nal set aside

the election of Panch on the g round thal she was found to b e in unauthorized

possession of land by relying upon Section 208 of Act No. 9 of 1994 -- Disqualification provided u/s 208 of the Act No. 9 of 1994 with regard to unauthorised occu pation of

Gram Panchayat land is incons istent with Section 11 of Act No.19 of 1994 — Act No. 19 of 1994 is a subsequent legisl ation and disqualifications pro vided in section 41 thereof

136

THE PUNJAB PANCHAYATI RAJ ACT, 1994 139

would prevail over and above the disqualifications provided under Section 208 of Act No.9 of 1994 — View taken by the Tribunal is patently illegal — Order of Tribunal set aside. Som Lal's case 2008 (2) L.A.R. 556 relied. Smt. Puro v. Smt.Manjit and others, 2011(1) L.A.R. 429 (P&H).

Election of Sarpanch — Disqualifications -- Nomination paper - NO-objection from BDPO not attached -— Punjab Panchayati Raj Act came into force w.e-f. 21.4.1994 whereas the Punjab State Election Commission Act came into force w.e-t. 7.9.1994, therefore, the Election Commission Act is later on in time than the Panchayali : Raj Act -- Disqualification mentioned in Section 208(1)(o) of the Punjab Panchayati Raj Ca Act does not find mention in Section 11 of the Punjab State Election Commission Act — Held, the disqualification provided under the Panchayati Raj Act would not apply. Som Pal's case 2008(2) L.A.R. 557 relied. Jaswant Singh v. Presiding Officer, Election Tribunal (A.D.C.), Hoshiarpur and others, 2010(2) L.A.R. 90 (P&H). Encroachment upon land - No action by Sarpanch -- Suspension of Sarpanch — Legality of — If a person is found in an unauthorized occupation of property belonging to any local authority then that person shall be declared disqualified for being chosen as a member of the Panchayat — No provisions under the Act, which empowers the State or the Director Rural Development and Panchayat, Punjab to disqualify a person to be a member on the ground that no action was taken by him against the encroachers for some time — Petitioner was not found in illegal possession of any public land — Provision of Section 208(1)(k) of the Act is not attracted -- Hence. there is no ground for removal u/s 20(1){a) ef the Act, consequently, petitioner can not be placed under suspension by invoking Section 20(4) of the Act. Kaki Devi Sarpanch v. State of Punjab and others, 2071(1) L.A.R. 160 (P&H).

Member of Panchayat - Qualification — Disqualification - Person shall be disqualified for being chosen and for being a member of a Panchayat if, he incurs any of the disqualifications enlisted in Section 208 of the Punjab Panchayati Raj Act, 1994 and/or section 11 of the Punjab State Election Commission Act, 1994. Som Lal v. Vijay Laxmi etc., 2006(1) L.A.R. 376 (P&H D.B.).

Narcotic substance — Possession of -- Moral turpitude -- Having possession of any narcotic substance is a serious offence and amounts to moral turpitude. Paramjit Kaur, Panch v. The Financial Commissioner and others, 2011(2) LA-R. 521 (P&H). Office of Profit — Anganwari workers — Anganwari Workers are working under a Scheme floated by the Central Government ie. 1.C.0.S. are not holding an office of profit under the State Government — Anganwari workers are not disqualified for being chosen as a Member of a Panchayat. Anokh Singh v. Punjab State Election Cammission, Chandigarh, 2009(1) L.A.R. 494 (P&H DB). :

Office of Profit - Employee of local authority, statutory corporation or Board or a Co-operative Society -- Salaried employee of any local authority, statutory corporation or Board or a Co-operative Society can not be held to have held the office of profit under Section 11 of the Punjab State Election Commission Act, 1994. Som Lal v. Vijay Laxmi & Others, 2008(2) L.A.R. 556 (SC).

Office of Profit — Lambardar — A Lambardar is disqualified for being chosen as member of a Panchayat -- Merely because the office of Lambardar deemed to be not holding an office of profit under the provisions of Punjab State Legislature (Prevention of disqualifications) Act, 1952, it cannot be said that a Lambardar is also exempted from the disqualifications prescribed under clause(g) of Section 11 of the State Election Commission Act - Disqualification under clause (b) of Article 243F of the Constitution shall be in addition to clause (a) of said Article -- Provisions of State Election Commission Act will have overriding effect on other existing law, Anokh Singh v. Punjab State Election Commission, Chandigarh, 2009(1) L.A.R. 494 (P&H DB). Office of Profit - Lambardar — Office of the Lambardar is an office of profit under the State Government — A Lambardar is disqualified for being chosen as member of a LE ae

137

Ei THE PUNJAB PARCHAYATTRAD ACH! iad! Paficha ARERAE oy Shes CRATE Ch fan? Ch ga ADOC UR Re ai petites Shahi Pua tae ignudn? ant yd nasi a ? ros io eon PARR "SP lhe kB Reese BEERS Rb yak land =

; ro ualification -- Possessing land of the Gram Bignapeuousar gay ly fs a sual caiion BSl(n(ky SF MEM YP ae

APN #et DSicMActiNd GMs ie teen hind tc eB Se eh

AbP N02 f0(904 TWHRidiy eho wiar earsisfeniOwath rovinahe Gt Fat ero BF Teg weurd ABE Bed ie Shin's caida Boor: mor RON 760! rafied BaibirSingh ve 'Kathal Sing Suess eel a aR oi bsnolnain nou igoltileup2i0 -- DA \BA \ -} ini iD) Bfeet (4 dgnyS 9 ne mJ pat 6

aciet a aie e Bh Fast)

pa ie Ben ie igo an ro fate Electic

OMMmMission A are nei Henkin ent Bi Sonar t e J G

au neber 5 ) yes : Ee ra ce ph [evecen ese

engiaivolg of — ce ei 8 one iigial, 18 i

t a ey 3 iN Mae A

ide 15k

ene stature, tye. code. in,

Matter, cepacing ny : ee laws, occupy, the,

se Nat ae aie, mee mission cana

ot ietc.,. 2006(1) LAR. 3 B.

| 2 Soe eight iO = norte ley

joe erage ESA

eet enlisted y "

Boers 11 of the Punjab State Election a o

PLRCRSo7e ra ae Js1oM -- to noizesee2o4 — saneladue Stool

tips) waliqnut ley calla bog..8on 1 jz 34

rede HA eee ue —

aan CONAN BIG -AAI CHG HSHRGE WricorRloMA Neath aos oF oa

folie arrarne ict e ad a ns povaas core war distqualifications ae 'Wenel ue Sphavisting ANUAY ave "SeAplemellaly Tan? domplineritar ote bet Bier? Sort bv Say Lannie: 20k eh USES eeareres BpipdmaM 6.26 neearts grad freneine aie = Diequaliidaten'? Be eison A hl ee Reel ete a mienber eta Panchayat ne ons-any We-disdiaifichiors Srlisted reel St Pura Parchaya® Raj ani ee treo 'Panjab

Sata Heetioh Commision McC! 1984. SdrP Cary Vijay laxmnileieg 2O06E) AIRS 7e eH 6. y.MOe REET 194 nozeimmo. noses ste! dejnuS arit to Pr noise bru Qualification — Eee Repealing' of provisions" eC iniplisa" repeat:

fires fedle RAAF DER lee, fer (i) tether thete4ardireer coriiiet Benen te two peon eae jistat fieornanaease {ay down! seb Earaastive codesin

"so ee seg seater MOC aetirer dee favs) free

secupycthe

lad iariee en al 2oeeSf tnd a on HA Seay éctign" POOP on babo} maya cose BAIS {Pare BIpen nolsstisupaid -- HA noeeinmea 2

. Sel aeeetaenhag ar yt ee 'Removal ob NG 2116 weced = ial tarp ne bg Lia ea crimina ee 3 po "i haa er pen be' ea - post of Panch ier iret 20(1)(a) 7 na ne Act during the pendency of © ee aa me mma

138

JHE PUNJAB.PANCHAYATIRAM AGT. 1894 isi trial Lt 5

care eg ena iy riomceign wn ees phir ppegreaea a al OTRLMEDEUGE (9 ie. i tbe ed the cia he rd, Srineeslachea ot Panchayat fu aarti e c.Sie ch

ba Bedi) le inh the ast of Pandhayat 18 permit ee ee 'or Panct Te ee ea Sa pale Gs

"AEC NG a and' is able ne irambvell Under Section 20(V() dt the "FoS@2Aets os es Bi to: Bary : drber YE plese' | "ther "disgcaliicn Sri aS Grovideds Under

Satna 2OBKNG GORE 1954 Re"Shalf Ot Be ttre hirer isehbt

without jurisdiction but also beyond the scope ¢OF 9oCt) (a) °oF the Ret "Paramyl

BUF,

Panch v. The Financial Commissioner and others, 2011(2) LAR. 521 (P&H).

isvonBepeali ngvok ipkowisinns iF on implied nepeAl ctkyeen es have b eaodaid down,

iu soa ner Asn byoripneyaienss (i. bee cay

ee Bite sty jute 3 Bee cone Sara

RE Oa ao blind elec CBRL OH

aie icon (PAtLD®.yo 2isysrioned ingiat n : 101 anoifasi s 101 baitiosge

sou Desrnch os nS earl SANA ae apetion

¢@eaan be

at aa ra Oe eerie"

$Underey pond "ato a Sapa h ravesn

te ts the

Seeeenabag, a tar Bale on eub Sieoe

itantetofahe

village, therefore, they are supposed not to :ndulg e in any criminal activities, moceIse. in

offence punishable under the NDPS Act — Petitioner shall remain under suspension

during the pendency of the investigation/nial, as th e case may be. Paramyt Kaur, Panch

ai The Fania ta Donk migsibmenahd tatters, 29 1 12) DAIRAbEMGT).

"tosia .OPS alloy IgA SPER RAEK Redd val GP SarpénEW UO ABMng possession! G haty

Warcatid sitevarde Ibe ee matcodsphaconscie ihord téopitudeo-b elated

Sarpanct/Panch represents the society, and they are the elec toc:eepreasetiatwas 80

role-mode! of the habitants of the village. eer. they are supposed not to indulge in

any criminal activities, more so, in,

le under the NOPS Act — Removal

order is liable to be quashed, he : +

shall remain under suspension

turing thependeney al the investigatonsnal aa thetase Peamiiigayi g anh

wugbe Finansia Gagmnssione andethar. aa) dR APRA iciaM rfoneqiee

ail Is@usperision ah Bdrparith | ie\Rértevabert Sarganch self w= SarpanchPamci Js

foul guity avid Ras" Ben toAVIciay dofCakpaffencesihvetving moral tupitude ot for

SicHoMaNe? Re. 2 BrgdrypldaAaRanchaytn's revorknembezzletn ent of Panchayat funds.

etc. Har tiouldbnot beldésivable mari interest of Panchalyalto! [regs bheseroni

Serpanckcita, perform the cuties alPanch.os vale uw sd beter ule ROBELNE) Andie dable ta Be remeed Ute 3Qh) ue wd ponviction ardagipascedthen disqualification as Section abe 1994 Ach shell neha atiractad:m Therekere, aie ane petitioner is not only without jurisdiction but also Bene the

of the 1994 Act. Paramjit Kaur, Panch v. The Financia l Commissioner and eee

2012(2) L.A.R. 55 (P&H).

pnlergy, Na Sapahen=:44 Farid Rid pabsed Onda eRUB UNARaR fo Me

PhasiHal! toe TET ee a onaarenMren ref y roarid tot ryfided ster of

1EsUIse there cunDeciourdensd suspensan. Kokiftey' Saranc ipviiGtateof Runakiaed

\others220N 11) LAR 1E01PRtiostis Isrit of Dsz2z6q Noiluiozs 6 yd bevioezib

Suspension of Sarpanch - Unauthorised possess iondaMalhpinaical P

with regard to an encroachment of a small piece of land cannot be made the basis for

suspension of a Sarpanch -- Even if it is taken to be correct that the petitioner had

SyicrodG RANA LATN aksefof 5 Biswasi bfdinsra Noenil) n adie a imigtakbetan occLt St

pnit2ixs ort JoA aini ni bsnis: uriivas pnibnetedtiwiol -- -b anaildsies

139

142 THE PUNJAB PANCHAYAT! RAJ ACT, 1994 any lime more parlicularly when land is under cultivation, Tejinder Singh v. State of

Punjab, 2006(2) L.A.R. 395 (P&H DB).

Unauthorised possession -- Suspension of Sarpanch — Mathematical precisi on

with regard to an encroachment of a small piece of land cannot be mad e the basis for

suspension of a Sarpanch -- Even if it is taken to be correct that the petitioner had encroached upon an area of 5 Biswasi of Khasra No. 440, such a mistake can occur at

any lime more particularly when land is under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB).

(209) Power of State Government to direct holding of general

élections.-- (1) Notwithstanding anything contained in this Act or rules

made thereunder, the State Government may, by notification, dir ect that a

general election of the members of the Panchayats shall be held by such

date as may be specified in the notification and different dates may be |

specified for elections for different Panchayats or group or groups th ereof:

Provided that the power of issuing direction under sub-se ction(1) may

be exercised by the State Government at any time even thou gh a period of

five years has not yet expired since the holding of the last election.

(2) As soon as a notification is issued under sub-sectio n (1), the

Election Commissioner shall take necessary steps for ho lding such

election.

superintendence, direction and control of the preparation o f electoral rolls

for and conduct of, all elections to the Panchayats, shall be ves ted in the

Election Commission.

S210. Election Commission to conduct Panchayat election.-- The

Comments

Election of Panchayat —- Panchayat constitutes the Pa nches as well as the

Sarpanch — Merely because meeting of the Panches is being c onvened by the Deputy

Commissioner under Section 13-4 of the Panchayati Raj Act does no t mean that the

Stale Election Commission has no control over the election of the Sarpanch --

Provisions of the Election Commission Act are applicable to the election of the

Sarpanch. Baljit Singh v. State of Punjab and others, 2008(2) L.A.R. 277 (P&H

DB).

Power of Election Commission -- General superintendence of the Chief State

Election Officer as not to be pervasive enough to include eve n a power to countermand

an election - Order of State Election Commissioner, countermand ing the election is.

liable to be quashed. Surjit Singh v. State of Punjab and others,

2010(2) L.A.R. 128

(P&H).

2441. Continuation of existing Panchayats.-- All the Panc hayats existing

immediately before the commencement of this Act shall continue till

expiration of their duration specified under the existing laws unless soo ner

dissolved by a resolution passed to that effect by the Legislative Assembly

of the State of Punjab.

212. Existing institutions to continue till new institutions are

established. Notwithstanding anything contained in this Act, the existing

140

THE PUNJAB PAN

CHAYTAI! Raw Ae r fee bots

Gram Sabhas, Blocks, Panchayat Samitis and

Zila Parishads a

established under t he existing laws sha ll be deemed to h ave been duly

established under this Act, unless ne w Gram Sabhas, Blocks, Panchayat Samitis and Zila Pa rishads are establ ished under the pr ovisions of this Act. a Orie to be

held within six m onths where Panc hayat is not

anctioning.-- Wher e a Panchayat is not functioning i mmediately before the commencement of this Act, an el ection to constitute such a Panchaya t

shall be completed before the expiratio n of a period of si x months from the date of commencem ent of this Act a nd all the powers and duties of the Panchayat may,

until Panchayat is 50 constituted be exercised of performed by such person of authority, as the State Gov ernment may

appoint in this beh alf and all properl y vested in the P anchayat shall unt il it

ig constituted vest in the State Govern ment.

214, District Planni ng Committees.

(1) The District Plan ning Committee

constituted in terms of the provisions of Article 243 ZD of th e Constitution

of India shall cons olidate the plans prepared by the P anchayats, in ever y

district, and shall al so prepare draft de velopment plan for the district as 4 whole.

(2) Every District Planning Committe e, referred to in sub-section (1) shall in prepanng th e draft developmen t plan —

(a) having regard to --

(i) matters of co mmon interest bet ween the Panchaya ts

and the municipali ties including s pecial planning, and

sharing of water and other ph

ysical and natu ral

resources, integrate d development of infrastructural and environmental cons ervation,

(ii) the extent and type of ava ilable resources whether

financial or otherwise ; and

(b) consult such institutions and org anisations a5 the State

Government may, b y order, specify.

215. Disputes betw een Panchayats a nd other bodies.-- lf any dispute arises between tw o OF more Pancha yats or between

4 Panchayat and a

Municipal Corporat ion or a Municipa l Committee or a Notified Area Committee it shall be referred to the pr escribed authority whose decision

shall be final and s hall not be questio ned in any court of law.

246. Liability of members of Panc hayats.-- (1° Eye ry member of a Panchayat shall be liable for the loss, waste oF m isapplication of any

money oF propert y belonging to the Panchayat, i f such loss, wast e OF

misapplication is a consequence of his neglect or misc onduct while such member and shall als o be liable to pay int erest at the prescribe d rate, from

141

THE PUNJAB PANCHAYAT! RAJ ACT

, 1994 143

Gram Sabhas, Blocks, Panchayat Samitis and Zila Parishads as

established under the existing laws shal l be deemed to have been duly established under this Act, unless new Gra m Sabhas, Blocks, Panchayati

Samitis and Zila Parishads are established under the provisions of this Act 243-Election to be held within six mont hs where Panchayat is not

tinctioning.-- Where a Panchayat is not functioning immediately before the commencement of this Act, an election to constitute such a Panchayat

shall be completed before the expiration of a pe riod of six months from the

date of commencement of this Act and all the powers and duties of the

Panchayat may, until Panchayat Is

50 constituted be exercised or

performed by such person or authority, as the State Government may

appoint in this behalf and all property vested in the Panchayat shail until it

is constituted vest in the State Government

2414. District Planning Committees.-- (

1) The District Planning Committee constituted in terms of the provisions of A rticle 243 ZD of the Constitution of India shall consolidate the plans prepar ed by the Panchayats, in every district, and shall also prepare draft dev elopment plan for the district as a whole.

(2) Every District Planning Committee, r eferred to in sub-section (1) shall in preparing the draft development pla n -

(a) having regard to --

(i) matters of common interest betw een the Panchayats

and the municipalities including sp ecial planning, and

sharing of water and other physical and natural

resources, integrated development of infrastructural and

environmental conservation,

(ii) the extent and type of available reso urces whether

financial or otherwise, and

(b) consult such institutions and or ganisations as the State

Government may, by order, specify.

215. Disputes between Panchayats and other bodies.-- If any dispute arises between two or more Panchayat s or between a Panchayat and a Municipal Corporation or a Municipa l Committee or a Notified Area Committee it shall be referred to the presc ribed authority whose decision shall be final and shall not be questioned in ary court of law.

216. Liability of members of Panchay ats.-- (1) Every member of a Panchayat shall be liable for the lo ss, waste or misapplication of any money or property belonging to the Panchayat, if such loss, wast e or

misapplication is a consequence of his neglect or misconduct while such member and shall also be liable to pa y interest at the prescribed rate, from

142

142 THE PUNJAB PANCHAYATI RAJ ACT, 1994

any time more particularly when land is. under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB).

Unauthorised possession -- Suspension of Sarpanch — Mathematical precision with regard to an encroachment of a small piece of land cannot be made the basis for

suspension of a Sarpanch - Even if it is taken to be correct that the petiti oner had

encroached upon an area of 5 Biswasi of Khasra No. 440, such a mistake can occur at any time more particularly when land is under cultivation. Tejinder Singh v. State of Punjab, 2006(2) L.A.R. 395 (P&H DB).

Power of State Government to direct holding of general

elections.-- (1) Notwithstanding anything contained in this Act or rules made thereunder, the State Government may, by notification, direct that a general election of the members of the Panchayats shall be held by such yy date as may be specified in the notification and different dates may b e

specified for elections for different Panchayats or group or groups thereof:

Provided that the power of issuing direction under sub-section(1) may be exercised by the State Government at any time even though a period of five years has not yet expired since the holding of the last election.

(2) As soon as a notification is issued under sub-section (1), the Election Commissioner shall take necessary steps for holding such election.

/ 20. Election Commission to conduct Panchayat election.-- The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the Panchayats, shall be vested in the Election Commission.

Comments

Election of Panchayat -- Panchayat constitutes the Panches as well as the Sarpanch -- Merely because meeting of the Panches is being convened by the Deputy

Commissioner under Section 13-A of the Panchayati Raj Act does not mean that the State Election Commission has no control over the election of the Sarpanch --

Provisions of the Election Commission Act are applicable to the election of the Sarpanch. Baljit Singh v. State of Punjab and others, 2008(2) L.A.R. 277 (P&H DB

Power of Election Commission -- General superintendence of the Chief State Election Officer as not to be pervasive enough to include even a power to cou ntermand

an election - Order of State Election Commissioner, countermanding the elec tion is

liable to be quashed. Sumit Singh v. State of Punjab and others, 20702) L.A.

R. 128

(P&H).

211. Continuation of existing Panchayats.-- All the Panchayats existing immediately before the commencement of this Act shall continue till expiration of their duration specified under the existing laws unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of the State of Punjab.

{

212. Existing institutions to continue till new institutions are established.-- Notwithstanding anything contained in this Act, the existing |

143

144 JHE PUNJAB PANCHAYATERAJ ACT, 1994

the date -of. loss,.waste, @t misapplicatiqn,.on the amount SerRnAed under fuses (2h pubspenioasohaeae case may. bert isbeu ber sf2)eThe Bock Eaescei intl anvirereeievaa noel cebestrbar nid, on thre application aofca, Gram: 'Panchayat cor otherwise? 'and 'after giving 'the member concerned an opportunity to explain, assess, by order, in writing the ampuny Aine fom, bin, pee aeaNr sugh, wonainee or misappli cation:

S1or ioProvideddthat-p mungit jon = isyvernds

toys ea) Where UbtRIP: A Happens' t6 bs the 'Chatman or a eine aad '°ffiefibut OF the' Parichayat 'Saniifi; thé prodeedings under this flo 2ouLh Rip Se¢tioH Shall be taken 'by the: District Development and 1 bsemexs Panchayat' Officer; « 2i thY¥E

Vide tori 'Where. such member, happens to, be the Chairman, Vice- airman or a member of e Zila Parishad, the proceedings

under this sub-section shall be taken by the Deputy Director. : ny pe rieyed by an order,made under sub-section(2) may wa ra pene GREY Have oe ihe dae bf GU older appeal:

yisvs ni (a) dhe Ristriet Revelonment-and, Panchayat Officer, ifthe order

a 25 Johiaib oie@ibeen made, by,,the ;Block. Development, 'and Hanchayet

cer,

it) ies Deputy. Director,,,jf, the order, has, been made, by the

District Development and, Panchayat Officer; and,,

aieyeransS avi ee hisd fasion non a to molten rand OA ApPL Ak deINg pfiledss the. appellate, authority, may suspend the iexeeutionnof theegrder pen such terns as to,,costs, payments of the ramauntiinwelvedian othenwise.as: he thinks, fit-and, subject to the result of appeal, if any, the order of; Block;Development.and Panchayat Officer, Tha tise fa bas SralPes ial 8 O

fficer and the Deputy Director, as

Say

neue anythin | contained it in 'this 'section no person shall weaned c n'to expt. oi He should' 'not be required to' make good any loss, after the expiry of fol ye Mie from the dccurrence of trie loss, waste or misapplication or after the expiry of two voor ioe his consid to be a anepbernwhichavehisdateriio bos etsyedons% nsewiad

& ONGSP THe State Gaveriment May call cand esibivine the record of any SGtder Hada" 'UunBle? this SBCHGA for'thé purpose of satisfying itselfas to the 'legatity aid Bro riety, Ot | gach? rider and mney conifim rm, h, Moditfy" oF Testing such order; HBS TAB As

Provided that no order prejudicial to any person shall be made by the Sfate' Government? unless that person Has Deen afforded\ a' reasonable eae c SREWitig Saute againet the saa a,

The, am Sig Sed a8 due from & hember may! in the event of

i ale roe ce om, his'| legal 'heirs 10 the. exter 7 of property m re member.

[i — me a

144

THE PUNJAB PANCHAYAT RAJ ACT, 1994 145

Comments

Embezzlement of Gram Panchayat fund —- Recovery from ex-Sarpanch — Opportunity of hearing — By letter ex-Sarpanch was directed to pay an amount, which was kept excessive cash in hand, by him during the period from January 1993 to September, 2010 — No material, muchless cogent, on record to suggest that any proper inquiry was conducted, after providing the opportunity, as contemplated u/s 216 of the Act -- Moreover, the impugned letter have been issued, without affording adequate opportunity of being heard to him, which renders it nullity - impugned letter cannot A legally be sustained. Gurmail Chand (Ex-Sarpanch) v. The State of Punjab & Ors., 2012(1) L.A.R. 166 (P&H).

Liability of member of Panchayat —- Speaking order — Duty of Authorities -- Petitioner was held liable for fifty percent of the loss caused to the Gram Panchayat without assigning any reason therefore — Petitioner was neither a party before the said authority nor any opportunity of hearing was afforded to him -- It is inexplicable how the authority below affixed liability of the petitioner without assigning any reason — Order set aside, case remanded back for fresh decision after affording an opportunity of hearing to the parties. Mandhir Singh v. State of Punjab and others, 2010(1) L.A.R. 5&6 (P&H). Liability of member of Panchayat — Speaking order — Duty of Authorities -- It is incumbent upon the authority to pass a reasoned order —- Any authority acting under statute, while deciding the appeal or revision would give a decision informed by reasons and not bereft thereof -- One of the salutary requirements of natural justice is spelling out reasons for the order made - Reasons given in the order reveal the mind of authority and support the decision ultimately arrived at. Mandhir Singh v. State of Punjab and others, 2010(1) LA.R. 566 (P&H).

Liability of members of Panchayat — Opportunity of hearing — Argument that before enhancing the liability, no show cause notice was given to the petitioner though it was mandatory — Admittedly no show cause notice was issued — Matter remitted back to revisional authority to decide the revision petition according to law, Harbhajan Singh

v. State of Punjab & others, 2006(2) LA.R. 226 (P&H DB).

217. Right of appeal of employees.— (1) An employee of a Panchayat aggrieved by an order involving punishment imposed on him by the Panchayat may, within the prescribed period prefer an appeal,—

(a) in the case of Gram Panchayat to the Block Development and Panchayat Officer;

(b) in the case of Panchayat Samiti, to the Deputy Commissioner; and

(2) any order passed under sub-section (1) shall be subject to revision by,—

(a) the Commissioner if the order has been passed by the Deputy commissioner; and

(b) the State Government, if the order has been passed by the Commissioner.

218. Protection of action in good faith.-- No suit, prosecution, or other legal proceedings shall lie against a Panchayat or any of its officers or employees duly appointed or otherwise in respect of anything which is in rr

145

146 THE PUNJAB PANCHAYAT! RAJ ACT, 1994 good faith done or intended to be Jone are purporting to be done under this Act or any rule or regulation or bye-law made thereunder.

219. Authentication of orders etc.-- All orders, decisions, notices and other documents of a Panchayat shall be authenticated under the signatures of an officer or any authority authorised by the Panchayat in this behalf.

220. Relation of Panchayat with police.-- It shall be the duty of every police officer,—

(a) to communicate without delay any information which he receives of a design to commit or of the commission of any offence against its act or any rule or regulation or bye-law made thereunder;

(b) to assist the members of the Panchayat or any officer or other employee of the Panchayat in the lawful exercise of any powers vested in such member, officer or other employee under this Act or rule, regulation or bye-law made thereunder.

221. Delegation of powers.- (1) The State Government may, by notification, direct that any power exercisable by it under this Act, except the power to make rule, may also be exercisable by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(2) The Director may, by written order, direct that any power exercisable by him under this Act or rules, or regulations or bye-laws may also be exercisable by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

222. Over-riding effect on other laws.-- Save as otherwise provided in this Act, the provisions of this Act or rules or regulations or bye-laws made thereunder have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

223. Power to remove difficulties.-- (1) If any difficulty arises in giving effect to the provisions of this Act, or by reason of anything contained in this Act in relation to any other enactment for the time being in force, the State Government may, as occasion arises, by order, direct that this Act shall during such period as may be specified in the order but not extending beyond the expiry of two years from the date of commencement of this Act have effect subject to such adoption whether by way of modification, addition or omission as it may deem to be necessary and expedient.

(2) Every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before the State Legislature.

146

THE PUNJAB PANCHAYATI RAJ ACT, 1994 147

224. Panchayats to be local authorities.-- For the removal of doubts, it is hereby declared that a Panchayat shall be deemed to be a local authority for the purposes of any law for the time being in farce.

225. Power of Panchayats to make regulations.-- (1) A Panchayat may, subject to the provisions of this Act and the rules made thereunder and with previous sanction of the State Government, make regulations to carry out the purposes of this Act in so far as it relates to its functions, powers and duties.

(2) The regulations made under sub-section (1) shall be subject to the condition of previous publication which shall be made in such manner as may be prescribed,

226. Power of State Government to make model regulations.-- (1) The State Government may, subject to the provisions of this Act and the rules made thereunder and after previous publication, make model regulations or model bye-laws for the Panchayats.

(2) A Panchayat may by resolution adopt the model regulations or model bye-laws made under sub-section (1) and regulations or bye-laws so adopted shall come into force from such date as the Panchayat concerned may specify in the resolution.

227. Power to make Rules.-- (1) The State Government may, by notification, in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purpose of this Act. _

(2) In particular and without prejudice to the generality or foregoing powers such rules may provide for all or any of the following matters, namely:--

(a) the manner of disposal of assets and liabilities of a Gram Panchayat under sub-section (4) of section 3;

(b) the manner of rotation to be prescribed under sub-section (4) of section 12:

(d) other powers to be exercised and duties to be performed by a Sarpanch under sub-section (1) of section 16;

(e) the authority to be prescribed under sub-section (2) of section

17.

(f) the manner of co-option of members under clause (b) of sub- section (2) of section 25;

(g) the manner of constituting Punjab Panchayat Secretaries Service under section 26;

(h). the manner of employment of employee by Gram Panchayat under section 27; "

147

148 THE PUNJAB PANCHAYATI RAJ ACT, 1994

(i) establishment of provident fund and gratuity of the employees ofthe Gram Panchayats under section 28;

(j) duties to be performed by village head-man under clause (b) of section 32;

(k) conditions subject to which the Gram Panchayat is to perform the functions under section 30;

(I) publication of general orders under section 35;

(m) the maximum rates of taxes and manner of levy under section 88;

(n) the restrictions and conditions for writing off any amount of tax under section 90;

(0) the conditions for borrowing money under section 93; {p) the manner of preparing budget of the Gram Panchayat under section 95;

(q) the form and manner of keeping accounts of Gram Panchayat under section 96;

(rf) the authority for auditing of accounts under sub-section (1) of section 97;

(s) the manner of reservation of offices of the Chairman and Vice-Chairman of Panchayat Samitis under section 106;

(t) the allowance to be paid to the Chairman, Vice-Chairman and members of Panchayat Samitis under Section 108,

(u) powers to be exercised and duties to be performed by the Panchayat Samitis under Section 109;

(v) the day for holding meeting;

(w) the form and manner in which accounts are to be kept;

(x) the manner of holding office under the Panchayat Samitis; {y) allowances and sitting fees to be paid to the Chairman, Vice- Chairman and members of the Zila Parishad under section 171;

(z) the powers, functions and duties to be discharged by the Chairman of the Zila Parishad;

(za) the manner of keeping account of the Zila Parishads under section 193;

(zb) the authority for auditing accounts of Zila Parishads under section 194,

(zc) services to be constituted under sub-section (2) of section 196;

(zd) any other matter in relation to which a rule is required to be or may be made.

(3) Every rule made under this section shall be laid as sor: as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of ten days, which may be comprised in one

148

THE PUNJAB PANCHAYATI RAJ ACT, 1994 149

session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees, that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. 228, Repeal and Savings.-- (1) The following Acts are hereby repealed, namely: -

(i) the Punjab Gram Panchayat Act, 1952 (Punjab Act No. IV of 1953);

(ii) the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act No. 3 of 19674).

(2) The repealing of Acts under sub-section (1) shall not --

(i) affect the previous operation of the Acts so repented or anything thereunder duly done or suffered;

(ii) affect any right, privilege, obligation or liability occurred, accrued or incurred under the Acts so repealed;

(iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed; and

(iv) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted or continued or enforced and any such penalty, forfeiture and punishment may be imposed as if the aforesaid Acts have not been repealed.

(3) Notwithstanding such repeal, anything done or any action taken under the Acts so repealed (including any notification, order, notice issued, application made or permission granted), which is not inconsistent with the provisions of this Act shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act so enforced at the time such thing so done or action so taken and shall continue to be in force unless and until superseded by anything done or any action taken under this Act.

SCHEDULE |

[See Sections 13, (104 and 167)]

Form of oath or affirmation to be made by a Sarpanch/Panch and membef s of Panchayat Samitis and Zila Parishads.

149

—SESESEE— —————__

150 THE P

UNJAB PANCHAYATI RAJ

ACT, 1994

|, A.B., do Swear in the nam e of God/Solemnly affirm t hat | will bear

true faith and allegiance to the Constitution of India as by law established,

that | will uphold the sove reignty and integrity of In dia, that | will faithfully and conscientiously disch arge my duties as a Sar panch/Panch of a Gram Panchayat or member of the Panchayat Samiti/Zila Pari shad and that | will do right to all manner of peop le in accordance with the C onstitution of India

and the laws, without fear or favour, affection or ill will. SCHEDULE Il

(See Section 44)

Offences Cognizable by a Gram Panchayat

Offence

Section

(a) Under the Indian P enal Code, 4860 (XLV of 1860)--

Committing affray

160

Absconding to avoid serv ice of a summons oF other proceeding

172

Non-attendance 'in obedie nce to an order from public servant

174

| intentiona lly omitting to produce @ docum ent 175

'Refusing oath-or affirmation when duly required

by a-public servant

178

Refusing to answer a public servant authorised to question

179

Refusing to sign statement

180

Disobedience to order duly promulgated by public servant

188

Intentional omission to giv e information of an offence by a person legally bound ta inform

202

intentional insult of interruption to public servant

sitting in judicial proceeding

228

Offences relating to Wei ghts and Measures mentioned in Chapter XIll 264-267

Negligently doing an act known to be likely to spread infection of any dis ease dangerous to life

270

Defiling the water of a public spring of reservoir

2i7

| Dan

ger of obstruction in pub lic way or line of

| naviga

tion

288

i Omit ting to guard against p robable danger to | human

life from a building over which a person

i has rig

ht to pull down or repair

288

Negligent conduct with respe ct to any animal

289

Committing a public nuisance

290

Continuance of nuisance after injunction of discontinuance

291

THE PUNJAB PANCHAYATI RAJ ACT, 1994

151

Obscene songs

294

Voluntarily causing hurt 323 Voluntarily causing hurt on provocation 334 Wrongfully restraining any person . 341 Assault or use of criminal force otherwise than on grave provocation

352

Assault or use of criminal force on grave and sudden provocation

358

* Theft or dishonestly receiving or retaining stolen

property where the value of the property does not exceed Rs.250; provided that no Gram Panchayat shall take cognizance of any such complaint if the accused--

379 & 411

(i) has been previously convicted of an offence under Chapter XII or XVII of the Indian Penal Code,1860 punishable with imprisonment of either description for a term of three years or upwards; or

(ii) has previously been fined for theft or receiving or retaining stolen property by any Gram Panchayat ; or

(iii) is a registered habitual offender under any law for the time being in force; or

(iv) has been bound over to be of good behaviour in proceedings instituted under section 109 or 110 of Code of Criminal Procedure, 1973;or

(v) has had an order of restriction passed against him under the Restriction of Habitual Offenders (Punjab) Act, 1918 (V of 191 8); or

(vi) has been previously convicted for gambling dishonest misappropriation 40

Criminal breach of trust 406 Cheating and inducting delivery of property

420

Cheating

417

Mischief when the damage or loss caused does not exceed fifty rupees in value

426

Mischief and thereby causing damage to property of value not exceeding Rs. 250

427

Mischief by killing or maiming animal of the value of Rs.10

428

Mischief by killing or maiming cattle, etc., of any value or any animal of the value of Rs.50

428

Criminal trespass

447

insult intended to provoke a breach of the peace

504

Punishment for criminal intimidation, etc.

506

Part | only Uttering any word or making any gesture intended to insult the modesty of a woman

509

Misconduct in public by drunken person

510

(b) Under the Punjab Vaccination Act, 1

953 (XLIX

of 1953) - lee

151

15? THE PUNJAB PANCHAYATI RAJ ACT,

1994

Punishment of Offences 16

Forcibly opposing the seizer of cattle or rescuing the same 24

Causing damage to land or crops or public roads- by pigs 26

(d) Under the Punjab Primary Education Act, 1960 (Punjab Act 39 of 1960)-

Failure to comply with an attendance order fp

passed under section 9 13

Penalty for contravening the provisions of section

10 17

(e) Under the Northern India Ganal and Drainage Act, 1873 (Vill of 1873) —

Offences specified in sub-section (4) of section 70 70

(f) Under the Punjab Weights and Measures (Enforcement) Act, 1958 (Punjab Act 22 of 1958)-

Penalty for fraudulent use of weights or measures etc. 29

Penalty for making or selling false weights or measures 34

(g) Under the Punjab Juvenile Smoking Act, 419

(Vil of 1918)— Penalty for selling tobacco to children 3 Seizure of tobacco being smoked by juvenile in a } public place s (h) Under the Public Gambling Act, 1867 (Il of 1867)- Penalty for owning or keeping or having charge of a gambling house 3

Penalty for being found in gambling house 4

Penalty on persons arrested for giving false

names and Addresses 7

(i) Under the Prevention of Cruelty to Animals Act, 1890 (XII of 1890)--

Penalty for cruelty to animals in public places and for sale in such places

Penalty for practising Phuka

Penalty for killing with unnecessary cruelty anywhere

Penalty for being in possession of the skin of a goat killed with unnecessary cruelty 5-A Presumptions as to possession of the skin of a goat 5-B

Penalty for employing anywhere animals unfit for labour 6

i Penalty for permitting diseased anima ls to go at

| large or to die in public places 7

(i) Under the Indian Forest Act, 1927 (XVI of on

152

THE PUNJAB PANCGHAYATI RAJ ACT, 1994

153

1927)- Act prohibited in such forests 26 & 33

(k) Under this Act or under any rule or bye-law made thereunder

(I) Under the Punjab Land Preservation (Chos) Act, 1900 (Punjab Act 11 1900) 19 ' SCHEDULE Ill

[See section 162(1)]

Table of Fees

3S. No. Value of Claim Court Fee to be levied (in rupees)

1. (a) Rs. 50 or less 1

(b) From Rs. 51 to Rs. 100 2

(d) From Rs. 151 to Rs. 200 4

(e) From Rs. 201 to Rs. 250 5

(f) Above Rs. 250 10

2. For a complaint before the Gram Panchayat 1

3. For applications to the Gram Panchayat for execution of a decree granted by it 1

4. Fora revision application ; 1

GOVERNMENT OF PUNJAB

DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATS

Notification

The 21st April, 1994

No. 5.0. 21/P.A.9/94/S.1/94.- In exercise of the powers conferred by sub-section (3) of section 1 of the Punjab Panchayati Raj Act, 1994 (Pun- jab Act 9 of 1994), the Governor of Punjab is pleased to appoint the 21st_ day of April, 1994 as the date on which the said Act shall come into force.

G.S. MULTANI,

Additional Secretary to Government of Punjab, Department of Rural Development and Panchayats.

GOVERNMENT OF PUNJAB :

DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATS

Notification

The 2lst April, 1994 .

153

154 THE

PUNJAB PANCHAYATI RA

J ACT, 1994

No. $8.0. 22/P.A. 9/94/S.213/94. In exercise of the powers con ferred by

section 213 of the Punjab Panch ayati Raj Act, 4994 (Punjab Act No. 9 of

1994), and all other powers enabli ng him in this behalf, the Governor of

Punjab is pleased to appoint the persons specified in column 3 of the

Schedule given below to exercise and perform all the powers and duties of

the respective Panchayat Samiti s pecified in column 2 of the said Sc hedule

until such Panchayat Samitis are c onstituted under the aforesaid Act--

SCHEDULE

S|, Name of the No. Panchayal Designation of the person Samiti

4. DISTRICT ROOPNAGAR

1. Roopnagar.. District Development and Panchayat Officer, :.oopnage¥-

2. Majfi.. District Devel opment and Panchayat Officer, Roopn ag?'-

3. Kharar.. District Dev elopment and Panchayat Officer, Reopnagar.

4. Nurpur Bedi. District Develo pment and Panchayat Officer, Roopna ger

§ Anandpur Sahib..

6. Chamkaur Sahib..

1. Patiala.. District De velopment and Panchayat Offi cer, Patiala.

2, Bhunetheri.. District Development and Panchayat Officer, Patiala.

3. Rajpura.. District Development and Panchayat Officer, Patiala.

4 Derabassi.. Secreta ry, Zila Parishad, Patiala.

5 Ghanaur.. Secretar y, Zila Parishad, Patiala

6. Nabha.. Secreta ry, Zila Parishad, Patiala.

7. Samana.. Secretary , Zila Parishad, Patiala.

3. DISTRICT BHATINDA

4. Bhatinda.. District De velopment and Panchayat Offic er, Bhatinda.

2, Nathana. District De velopment and Panchayat Offi cer, Bhatinda.

3. Talwandi Sabo,. District De velopment and Panchayat Offic er, Bhatinda.

4, Rampura.. District Development and Panchayat Officer, Bhatinda.

5 Sangat. Secretary, Zil a Parishad, Bhatinda.

6 Phool.. Secretary, Zi la Parishad, Bhatinda.

4, DISTRICT MANSA

1. Mansa.. District Devel opment and Panchayat Officer, Ma nsa.

2. Budhalada.. Secretary, Z ila Parishad, Mansa.

3. Jhunir.. Secretary, Zi la Parishad, Mansa.

5, DISTRICT SANGRUR

4. Sangrur.. District De velopment and Panchayat Office r, Sangrur.

2. Bhawanigarh.. District D evelopment and Panchayat Of ficer, Sangrur

3. Sunam.. District Deve lopment and Panchayat Officer, Sangrur.

4. Barnala.. District D evelopment and Panchayat Off icer, Sangrur.

5. Malerkotla I.. District Deve lopment and Panchayat Officer, Sangrur

6. Lehragaga.. Secretary , Zila Parishad, Sangrur

7. Sehna.. Secretary , Zila Parishad, Sangrur. Secretary, Zila Parishad, Roop nagar.

Secretary, Zila Parishad, Roopn agar.

2, DISTRICT PATIALA

154

THE PUNJAB PANCHAYATI RAJ ACT, 1994

155

8. Mehal Kalan.. Secretary, Zila Parishad, Sangrur,

9. Malerkotla II.. Secretary, Zila Parishad, Sangrur,

10. Dhuri.. Secretary, Zila Parishad, Sangrur.

6. DISTRICT HOSHIARPUR

1, Hoshiarpur I.. District Development and Panchayat Officer, Hoshiarpur.

2. Bhunga.. District Development and Panchayat Officer, Hoshiarpur.

3. Hoshiarpur II.. District Development and Panchayat Officer, Hoshiarpur, 4 4. Dasuya.. District Development and Panchayat Officer, Hoshiarpur.

5. Garshankar.. District Development and Panchayat Officer, Hoshiarpur.

6. Balachaur.. District Development and Panchayat Officer, Hoshiarpur 7, Tanda.. Secretary, Zila Parishad, Hoshiarpur.

8. Talwara.. Secretary, Zila Parishad, Hoshiarpur,

9. Mahalpur,. Secretary, Zila Parishad, Hoshiarpur,

10. Saroya.. Secretary, Zila Parishad, Hoshiarpur

11. Mukerian.. Secretary, Zila Parishad, Hoshiarpur.

7. DISTRICT FARIDKOT

1. Faridkot.. District Development and Panchayat Officer, Faridkot.

2 Nihal Singh Wala. District Development and Panchayat Officer, Faridkot.

3. Moga |.. District Development and Panchayat Officer, Faridkot.

4 Muktsar.. District Development and Panchayat Officer, Faridkot.

5 Kot Kapura.. District Development and Panchayat Officer, Faridkot.

6 Gidderwaha.. Secretary, Zila Parishad, Faridkot. ¥, Lambi.. Secretary, Zila Parishad, Faridkot.

8. Moga Il. Secretary, Zila Parishad, Faridkot.

9. Bagha Purana. Secretary, Zila Parishad, Faridkot.

10. Malout.. Secretary, Zila Parishad, Faridkot.

8. DISTRICT JALANDHAR

1, Jalandhar East., District Development and Panchayat Officer, Jalandhar

2. Adampur.. District Development and Panchayat Officer, Jalandhar.

3. Bhogpur.. District Development and Panchayat Officer, Jalandhar.

4. Jalandhar West.. District Development and Panchayat Officer, Jalandhar.

5. Nawanshehr.. District Development and Panchayat Officer, Jalandhar.

6. Phillaur.. District Development and Panchayat Officer, Jalandhar.

7. Banga.. Secretary, Zila Parishad, Jalandhar.

8. Aur.. Secretary, Zila Parishad, Jalandhar.

9. Rurka Kalan. Secretary, Zila Parishad, Jalandhar. 10.Shahkot.. Secretary, Zila Parishad, Jalandhar.

11. Nurmehal. Secretary, Zila Parishad, Jalandhar.

12. Nakodar.. Secretary, Zila Parishad, Jalandhar,

9. DISTRICT KAPURTHALA

1, Kapurthala.. District Development and Panchayat Officer, Kapurthala.

2. Nadala.. District Development and Panchayat Officer, Kapurthala.

3. Phagwara.. Secretary, Zila Parishad, Kapurthala.

4. Sultanpur Lodhi. Secretary, Zila Parishad, Kapurthala.

10. DISTRICT LUDHIANA

1. Ludhiana I.. District Development and Panchayat Officer, Ludhiana. ee

155

————— —

THE PUNJAB PANCHAYAT! RAJ

ACT, 1994

156

2. Ludhiana Il.

3. Doraha.

4. Jagraon..

5. Samrala..

6. Pakhowala..

7. Dehlon..

8. Sidhwan bet..

9. Sudhar..

40. Machhiwara.

41. Verka..

2. Ghogawan..

3. Chohla Sahib..

4. Tarsika.. §. Jandiala..

6. Majitha..

7. Tarn Taran..

8. Patti...

9. Khadur Sahib. 40, Gandiwind.. 11.Naushera

Pannvan..

42. Bhikhiwind..

43. Valtoha..

14. Rayya..

15. Ajnala.. 4, Gurdaspur.

2. Dina Nagar..

3. Dera Baba Nanak..

4. Kalanaur.. 5, Dhariwal..

6. Batala..

7. Kahnuwan.. 8, Fatehgarh Churian..

9. Dhar Kalan.. 40.Narot Jaimal Singh..

11.Sin

Hargobindpur. 12.Bamial.. 43.Pathankot.. 1, Ferozepur.

2. Ghall Khurd.

3. Fazilka..

4. Zira..

5. Abohar.. District Development and Pancha yat Officer, Ludhiana

District Development and Pancha yat Officer, Ludhiana. District Development and Panchay at

District Development and Pan chayat

Secretary, Zila Parishad, Ludhian a.

Secretary, Zila Parishad, Ludh iana.

Secretary, Zila Parishad, Ludhi ana.

Secretary, Zila Parishad, Ludhian a.

Secretary, Zila Parishad, Ludhiana.

41. DISTRICT AMRITSAR

District Development and Panch ay

District Development and Pancha y:

Officer, Ludhiana

Officer, Ludhiana.

at Officer, Amritsar.

at Officer, Amnitsar.

District Development and Panchay at Officer, Amritsar

District Development and Panchay at Officer, Amritsar.

District Development and Pancha yat Officer, Amritsar.

District Development and Panch ayat Officer, Amritsar. District Development and Panchay District Development and Panch ay:

Secretary, Zila Parishad, Amri tsar.

Secretary, Zila Parishad, Amritsa r.

Secretary, Zila Parishad, Amri tsar.

Secretary, Zila Parishad, Amrits ar.

Secretary, Zila Parishad, Amri tsar.

Secretary, Zila Parishad, Amrit sar.

Secretary, Zila Parishad, Amrits ar.

42. DISTRICT GURDASPUR

at Officer, Amritsar. at Officer, Amritsar. District Development and Panc hayat Officer, Gurdaspur. District Development and P anchayat Officer, Gurdaspur

District Development and Panchayat Officer, Gurdaspur. District Development and Panc hayat Officer, Gurdaspur. District Development and Panc hayat Officer, Gurdaspur. District Development and Panch ayat Officer, Gurdaspur, Secretary, Zila Parishad, Gurdas pur.

Secretary, Zila Parishad, G urdaspur.

Secretary, Zila Parishad, Gur daspur.

Secretary, Zila Parishad, Gu rdaspur.

Secretary, Zila Pari shad, Gur daspur.

Secretary, Zila Parishad, Gurdas pur.

Secretary, Zila Parishad, Gur daspur.

43. DISTRICT FEROZEPUR

District Development and Pa nchayat Officer, Ferozepur. District Development and Panc hayat Officer, Ferozepur. District Development and Pancha yat Officer, Ferozepur. District Development and Panch ayat Officer, Ferozepur. Secretary, Zila Parishad, Feroz epur.

156

THE PUNJAB PANCHAYATI RAJ ACT, 1994

157

6. Khuian Sarwar. Secretary, Zila Parishad, Ferozepur — 7.Guru Har Sahai. Secretary, Zila Parishad. Ferozepur.

8. Jalalabad. Secretary, Zila Parishad, Ferozepur.

9. Dharamkot.. Secretary, Zila Parishad, Ferozepur.

14. DISTRICT FATEHGARH SAHIB

1. Bassi Secretary, Zila Parishad, Fatehgarh Sahib. Pathana.. District Development and Panchayat Officer, Fatehgarh

2. Sirhind.. Sahib

GOVERNMENT OF PUNJAB

DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATS

Notification

The 21st April, 1994

No. 5.0. 23/P.4.9/94/S.213/94.— In exercise of the powers conferred by section 213 of the Punjab Panchayati Raj Act, 1994 (Punjab Act No. 9 of 1994), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to appoint the persons specified in column 3 of the Schedule to exercise and perform all the powers and duties of the respective Zila Parishads specified in column 2 of the said Schedule until such Zila Parishads are constituted under the aforesaid Act:--

SCHEDULE

Serial Name of the Designation of the person Zila Parishad

1. Amritsar. Additional Deputy Commissioner, (Development), Amritsar.

2. Bathinda.. Deputy Commissioner, Bathinda.

3. Ferozepur.. Deputy Commissioner, Ferozepur.

4. Faridkot.. Deputy Commissioner, Faridkot.

5. Fatehgarh Sahib. Deputy Commissioner, Fatehagarh Sahib.

6. Gurdaspur. Deputy Commissioner, Gurdaspur.

7. Hoshiarpur.. Deputy Commissioner, Hoshiarpur.

8. Jalandhar... Deputy Commissioner, Jalandhar.

9. Kapurthala.. Deputy Commissioner, Kapurthala. 10, Ludhiana... Deputy Commissioner, Ludhiana.

11. Mansa.. Deputy Commissioner, Mansa.

12. Patiala. Deputy Commissioner, Patiala.

13. Ropar.. Deputy Commissioner, Ropar.

14. Sangrur.. Deputy Commissioner, Sangrur.

157

158

The Punjab Panchayati Raj (Gram Section

11.

12.

13.

14.

45.

16.

18.

19.

20.

21.

22.

23.

24.

25.

Panchayat) Rules, 2012

CONTENTS

Short title and extent Definitions

Disposal of assets and liabilities of Gram Sab ha

Section 3(4

Acquisition and transfer of property by the Gra m

Panchayat [Sections 10,85 and 227 ( zd)]

Duties and functions of the Sarpanch [Section 16

]

Oath of Panches and Sarpanches [ Section 13)

Resignation of Sarpanch [Section 1/

Record of Gram Panchayat [Sections 87 and 96]

Consignment of records of non-judicial registers and

books [Sections 87 and 96

The circles of the Panchayat Secretaries and control of

Sarpanch over Panchayat Secretary [S ection 26]

Publication of orders [Section 35] Collection charges for land revenue ta x or dues

payable to the State Government or Local Authority

[Section 83]

Constitution of Standing Committees [ Section 25 (2)(b}]

Help in maintenance and improvement of schools and

hospitals or dispensaries [Section 30] Establishment of schools, hospitals or dispensaries for

a Gram Panchayat or 2 group of G ram Panchayats

[Sections 30 and 180(17)]

Power to start, manage and requlate the fairs and

markets [Section 30 (xv)]

Cognizance of criminal cases. [Section s 47 48 and 49]

Execution of decree [Section 69(3)] Attendance of witnesses [Section 77(d\ Processes [Section 78]

Access and inspection of judicial c ases records and

registers of the Gram Panchayat [Section 87]

Consignment of records of judicial ca ses, registers and

books [Section 87

Custody of money [Section a3] Operation of Gram Panchayat Fund a ccount Sections

86 and 96]

investment of surplus. funds [Section

96]

Page No.

159

160

161

162

163

164

165

166

167

169

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

159

26. Rate of interest [Section 216(1)] 169

27. Structure of accounts [Section 96] 169

28. Register of Court Cases [Sections 7 and 95] 470

29 Annual administrative report of the Gram Panchayat 170 [Sections 7 and 95

30. Power of taxation [Section 88] a |

31. Collection of taxes, fees and duties or other dues 171 payable to Gram Panchayat [Sections 68 and 92]

32 Power to exempt from taxes and write off irrecoverable 172 amounts [Section 90]

33. Power to borrow [Section 93] 172

34. Budget of Gram Panchayat [Section 95 172 35, Contents of the Bud Sections 7 and 95 172

. Time schedule of Budget [Section 95] 173

37. Re-appropriation from one budget head to other 173 ; [Section 95)

38. Assessment and collection of Revenue [Sections 92 174 and 96]

39. Checks to leakage of revenue [Sections 88 and 96] 174 40, Prescribed authority [Section 215 174

41. Audit of Accounts [Section 97] 174

42. Supervision of the Gram Panchayats [Sections 121 and 175

204]

43. Repeal and saving 175 Forms | to Form XXIX 176-192 'The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

In exercise of the powers conferred by section 227 of the Punjab Panchayati Raj Act, 1994 (Punjab Act 9 of 1994), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, namely:-

RULES

1. Short title and extent.-- (1) These rules may be called the Punjab

1. GOVERNMENT OF PUNJAB, Department of Rural Development and Panchayats Notification No. G.S.R.57/P_4.9/1994/$.227/2012 dated 18 October, 2012 With reference to the Government of Punjab, Department of Rural Development and Panchayals, Notification No.G.5.7.6/P.A.9/94/5.227/2012, dated the 23rd February, 2012, published in the Punjab Government Gazette (Extra.), Legislative Supplement, Part Illl, dated October 18, 2012 (ASVN 26,

1934 DAKA).

159

160 The Punjab Panchayati Raj (Gram Panchayat) Rules

, 2012

Panchayati Raj (Gram Panchayat) Rules, 2012.

(2) They shall come into force on and with effect fram the date of their

publication in the Official Gazette.

2. Definitions.-- In these rules, unless the context otherwise requires,-

(a) 'Act' means the Punjab Panchayati Raj Act, 1994;

(b) 'authorised Panch' means a Panch who is elected by the Pan ches of

the Gram Panchayat through a resolution passed in a meet ing: ds

(d) 'Form' means a form appended to these rules,

(e) 'State Government' means the State Government i n the Department

of Rural Development and Panchayats; and (f} 'section' means section of the Act,

3. Disposal of assets and liabilities of Gram Sabha [Sectio n 3(4)] .-- If the .

whole of the Gram Sabha area is included in a municipality, ca ntonment, city,

urban estate or notified area, all rights, obligations, property, ass ets and

liabilities if any, whether arising out of any contract or otherwise s hall vest in

the Municipal Committee, Municipal Corporation, cantonment board, Notified

area, Chief Administrator, as the case may be. The Block Dev elopment and

Panchayat Officer of the area shall hand over all the moveable a nd immovable

property of the Gram Panchayat as well as all the records and documents to

the concerned body in which the Sabha Area has been includ ed.

4. Acquisition and transfer of property by the Gram Panchaya t [Sections

40, 85 and 227 (zd)].— (1) No movable property shall be purchased or sold by

a Gram Panchayat without a formal resolution of the Gram Pa nchayat:

Provided that the Sarpanch or in his absence, any P anch exercising the

powers of Sarpanch, may in emergent cases purchas e or sell movable

property of a value not exceeding rupees five thousand:

Provided further that all such transactions shall be reported to the Gram

Panchayat in its next meeting:

Provided further that the Panchayat Samiti may grant sanction to the

Gram Panchayat to purchase or sell movable property not excee ding the value

of rupees one lac. The Zila Parishad has full powers to grant suc h sanction.

(2) All contracts on behalf of a Gram Panchayat shall be entered in to in

the name of the Gram Panchayat and all documents exe cuted in this

connection shall be signed by the Sarpanch, Panchayat Se cretary and oné

other Panch authorized by the Gram Panchayat through its resolution. The

draft of all documents to be executed by or in favour of a Gra m Panchayat

shall, before execution, be scrutinized and approved by the Block Development

and Panchayat Officer and the Gram Panchayat Fund shall not be liable under

any contract not so approved.

5. Duties and functions of the Sarpanch [Section 16].-- Besides performing

the functions and duties under section 16 and holding of Gram Sabha

Meetings as per section 5 of the Act and Gram Pan chayat Meetings as

ce ES

160

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 161 provided in section 23 of the Act, the Sarpanch shall ensure or discharge of the following duties: -

(a) development of Gram Sabha area:

(b) make efforts for raising public contribution for community works; {c) in addition to raising tax revenues, the Sarpanch in consultation with the Gram Panchayat shall enhance non-tax revenues. Efforts shall be made to raise more income every year in addition to existing trends of its own income;

(d) development and proper utilization of local physical resources for ensuring well being of people;

(e) assist in human and animal health, nutrition and family welfare programmes,

(f} undertake rural sanitation programmes,

(g) help in getting social security claims,

(h) assist in sanction of pension for old age persons, widows, destitute, orphans and handicapped persons etc;

(i) prevent misuse of Panchayat funds and bring transparency in functioning of Panchayat by placing income and expenditure details in every Panchayat meeting and in public domain,

(j) maintain the quality of construction work and obtain utilization certificate within a period of one month after completion of work; ' (k} arrange for conduct of audit every year and compliance of audit objections of his tenure and assist in compliance of audit objections even after the expiry of the term of his office; () display details of works sanctioned and amount spent on internet, also on display board at Panchayat Headquarters as well as on work sites;

(m) prevent encroachments on Gram Panchayat lands. If any person makes illegal or un-authorized possession over shamlat land or any - other Gram Panchayat property, besides taking other legal measures, the Sarpanch shall make complaint in writing to the police at the earliest and shall also inform the concerned Block Development and Panchayat Officer for taking suitable action under the law;

(mn) check the functioning of the Gram Panchayat and village level Government offices or agencies relating to the activities of various Departments of the State Government mentioned in section 30 of the Act and the report shall be sent to the concerned authorities for appropriate action; and

(0) all such other miscellaneous functions as are necessary for the welfare of public;

6. Oath of Panches and Sarpanches [Section 13].— Unless the State Government otherwise directs, oath shall be administered to the elected Panches and Sarpanches by the Block Development and Panchayat Officer concerned after declaration of their election result.

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2012

7. Resignation of Sarpanch [Section 47(2)].-- The Divisional Deputy Director, Rural Development and Panchayats, shall be the competent authority to wh om

Sarpanch may address an applica tion of his intention to, withdraw his

resignation.

8. Record of Gram Panchayat [Sec tions 87 and 96].-- The Gram Panc hayat

Shall maintain the accounts and use the books, records and form s as

mentioned hereinafter or as may be directed by the Director, Rural Development and Panchayats fram t ime to time. The Panchayat Secretar y

shall be responsible for the maintenance of the following records:-

(i) Proceeding Book in Form |. The br ief account of business transacted by the Gram Panchayat or Gram Sabha in respect of its general and administrative functions, shall be entered in it. The record of -

proceeding by a Gram Panchayat shall be signed by the Sarpanch, if present, or in his absence by the Pa nch elected for presiding over the meeting, and all other Panches an d Panchayat Secretary attending the meeting of the Panchayat. The P anchayat Secretary shall record his comments on the resolution as to whether the resolution has been passed in accordance with the Act, rules and instructions of the Government or not. Copy of the res olution alongwith comments shall be sent to the Block Development and Panchayat Officer concerned for appropriate action. Proceedi ng book shall be issued and certified

| by the Block

Development and Panchayat Offic er under his signature

and seal,

(ii) Inspection Register in Form- Il, | (iii) Cash Receipt Book in Form- lil;

I (iv) Attendance Reg

ister in Form- IV;

| (v) Register of Civil

cases in Form- V;

(vi) Register of Criminal cases in Form- VI ;

(vil) Register of Revenue cases in Form- Vil;

(viii) Summons for accused in Criminal cases in Form- Vill;

(ix) Summons for défendants in Civil cases in Form- IK;

(x) Summons for witnesses in Form- X;

(xi) Decree Sheet in Form- Xl,

(xii) Application for acquisition of land in Form— Xl;

| (xiii) Register of Processes and Summons in Form- Xiill;

| (xiv) Register of Diet Mon

ey in Form— XIV;

(xv) Index of papers of the Gram P anchayat file and abstract af orders in

Form- XV;

(xvi) Library Stock Register in Form— XVI;

(xvii)Library Books Issue Register in For m— AVI

(xviii) Dispatch Register (accounts of s tamps also to be maintained in this Register) Form- XVIII;

(xix) Receipt Register in Form — XIX;

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(xx) Stock Register of Receipt Books in Form- XX;

(xxi) Register of Court Cases by and against the Gram Panchayat in Form- XX;

(odi) Works Register in Form- XXIl;

(xxiil) Register of Fees and Fine in Form- XXill;

(xxiv) Register of Shamlat Lands in Form- XXIV:

(xxv) Register of other Gram Panchayat lands in Form- XXV; ts (xxvi) Certificate by the Block Development and Panchayat Officer in Form- XXVI;

(xxvii) Cheque book register in Form-XXVIl; (xxviii) Register for audit notes in Form-XX VIII;

(xxix) Inspection report in Form-XXIX; and (oo) Other registers and forms prescribed by the Government of India, Ministry of Panchayati Raj in National Panchayat Accounting Manual. Note: The records, registers, account books and forms specified herein above shall be got printed and/ or made available by the Zila Parishad against payment to the Gram Panchayats directly or through Executive Officer of Panchayat Samiti. under the seal and signatures of any officer/official authorized by the Deputy Chief Executive Officer of the Zila Parishad. The record, shall be page marked and numbered, book numbered (in case of stitched registers and books) and shall bear the name of the Gram Panchayat to which it is issued. The records books, registers and forms obtained from sources other than mentioned herein above shall be treated as invalid and shall attract disciplinary action against the persons at fault.

9. Consignment of records of non-judicial registers and books [Sections 87 and 96).-- (1) All non-judicial registers, books and reports etc. maintained by a Gram Panchayat shall, when finished or action thereon finalized, be kept in the Panchayat office for two years after which they shall be consigned to the Record Room of the Panchayat Samiti Office for being preserved in perpetuity.

(2) The record shall be kept in a Record Room year-wise. The record room shall be maintained by the Panchayat Samiti of the area in the charge of a Panchayat Officer or other official to be posted by the Executive Officer Panchayat Samiti.

10. The circles of the Panchayat Secretaries and control of Sarpanch over Panchayat Secretary [Section 26].— (1) The circles of Gram Panchayats shall be formed by the State Government through Gazette notification in such a manner that the same should be contiguous and compact. The ratio between number of Gram Panchayats and a circle shall as far as possible, be the same within the block, subject to the condition that population should not exceed five thousand in a circle:

Provided that the condition of five thousand population shall not be applicable where a particular Gram Panchayat of a village has population more than five thousand.

(2) To ensure discipline and control, the Panchayat Secretary, shall act in ETE ee

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164 The Punjab Panchayati Raj (Gram Panchaya

t) Rules, 2012 all matters under the contro! of Sarpanch and he shall also be responsible to

the Gram-Panchayat. The Panc hayat Secretary shall also mark attendance in

a register in Form IV

41. Publication of orders [Se ction 35].-- Ar order made un der section 35 of

the Act shall be published in the following mannef:-

(a) copies of the order shall be exhibited at some conspic uous places

within the Gram Sabha area,

(b) one copy of the order shall be affixed on or near the prope rty, if any,

affected by said order, and

down in section 78 of the Act be served on the perso n who is

required to take any action in p ursuance thereof:

Provided that if the order is ap plicable to the residents of the Gram Sabha

area in general, the publication shall be made by beat of drum.

42. Collection charges for la nd revenue, tax or dues paya ble to the State

Government or Local Authori ty [Section 88].—- (1) When a Gram Panchayat

enters into contract with the State Government or a Lo cal authority to collect land revenue or any tax or due s payable to the State Govern ment or the Local

authority, it shali be allowed co llection charges at the rate of not less than ten

per cent of the amount $0 colle cted plus service tax charges, if any.

(2) No amount due to the Gram Panchayat shall be le ft outstanding

without sufficient reasons and where such dues appear to be irrecoverable, the

orders of the Divisional Deput y Director of the area for the ir adjustment,

remission, reduction of deman d or write off must be sought without any delay.

(3) No amount may be credit ed as revenue unless it has been actually

realized.

43. Constitution of Standing Committees [Section 25 ( 2)(b)].-- The three- members Standing Committees shall be constituted through election by the Gram Panchayat wherein o

ne elected member each f

ram General category,

woman category and Schedule caste or Backward class cat egory, shall be

included. In addition to the thr ee members, two expert membe rs in the field of

Production, Social Justice, Pu blic Services (Amenities) shal l be co-opted in

each Standing Committee, but they shall have no right to vote.

44. Help in maintenance and improvement of schools 2 nd hospitals or

dispensaries [Section 30].-- 'A Gram Panchayat may, if so r equired by the

State Government or Zila Paris had or the Panchayat Samiti co ncerned subject

to funds at its disposal, arran ge to assist the Department concerned in the

matter of,-

(a) school-buildings, furniture , water supply, first aid boxe s and books,

stationery, fees, prizes and st ipends to deserving students;

(b) buildings for dispensaries or hospitals, medicines, water supply and

diet and other necessities to needy pat ients,

(d) providing rent free accom modation or payment of hou se rent in lieu

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The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 165 thereof to the employees serving in the school, dispensary, Hospital, Health Centre or Sub-Centre thereof according to the conditions, if

any, agreed upon between the Panchayat and the department concerned subject to previous approval of the Director.

15. Establishment of schools, hospitals or dispensaries for a Gram Panchayat or a group of Gram Panchayats [Sections 30 and 180(17)].— (7) The Zila Parishad concerned shall be the sanctioning authority to establish such institutions under section 30. —_———

(2) When a group of neighbouring Gram Panchayats combine to help in establishing a school, hospital, or Ayurvedic or Unani or Homeopathic dispensary, a joint committee shall be formed by the Zila Parishad with in its area.

16. Power to start, manage and regulate the fairs and markets {Section 30 (xv)].- A Gram Panchayat may, with the consent and subject to the supervision of the Zila Parishad concerned, start. manage and regulate such fairs and markets other than the fairs and markets held under the Punjab Cattle Fairs (Regulation) Act, 1967, as may be specified by the Government from time to time through a notification published in the Official Gazette.

17. Cognizance of criminal cases [Sections 47, 48 and 49].-- A complaint lodged under sections 47, 48 and 49 shall give therein the name, parentage and residence of the complainant and the accused along with allegations regarding the offence. The Sarpanch or the authorised Panch receiving the complaint shall immediately make it a part of the judicial record maintained by

the Panchayat. It shall be heard at the next meeting of the Panchayat.

48. Execution of decree [Section 69(3)].-- (1) Any person in whose favour a decree has been passed by the Gram Panchayat, may make an application to the Sarpanch or authorized Panch for its execution on payment of the fee specified in Schedule Ill of the Act and the same shall also include the costs.

(2) The Gram Panchayat shall issue a notice to the opposite party to pay

up the decretal amount or to comply with the decree within a period of thirt y

days or such further period not exceeding three months, as it may deem fit to allow after the notice is served. If the amount is not paid or the de cree is not

complied within the specified period, the decree shall be sent to the Civil or

Revenue Court having jurisdiction, which shall thereupon proceed to execute

the decree as if it were a decree passed by such Court. '

49. Attendance of witnesses [Section 77(d)].- (1)(a) The Gram P anchayat

shall pay diet money which consists of a daily allowance and travelling

allowance to a witness for the reasonable expenses for attendance b efore the

Gram Panchayat, but no diet money shall be paid to any person who resides in

the jurisdiction of the Gram Panchayat. Subject to the provisions of clause (c)

of sub-section (1) of Section 77, the scale of diet money shall be as und er:-

(i) daily allowance at the rate of rupees one hundred per h earing:

(ii) travelling allowance for a journey by road equ ivalent to actual

expenses incurred, or

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166 The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

(iii) travelling allowance of a journey by railways of second class or

sleeper class rate according to the status of th e witness:

Provided that if a servant or officer of the Govern m ent or Local authority is

summoned as witness, his daily and travelling all owances shall be governed by

the rules of the Government or the Local Authority, as the case may be, or if

there are no such rules for the Local Authority , such daily and travelling

allowances shall be, as may be determined by the G ram Panchayat.

(2) When the diet money is deposited, the Gra m Panchayat shall give a

receipt in Form-lll to the person depositing it and shall forthwith enter in the

deposited. On payment to the witness, the Sarpa nch or authorised Panch in

whose presence the amount is paid, shall sign the en tries in the register.

(3) The Gram Panchayat may depute the Sarpa nch or Panch (preferably

its women Panch) to examine the women witness at h er residence in the Gram

Sabha area or the residence of her relatives or friends in the said area or at the Panchayat meeting. The statement so recorded shall be signed or thumb-

marked by the woman witness and attested at least by one identifying witness

and shall form part of the record of the case, suit or proceeding concerned.

20. Processes [Section 78].—- (1) Every su mmon issued by a Gram

Panchayat shall be in duplicate in Forms Vill, IX or X, as the case may be and

shall specify the time, date and place at which t he person is required to attend

and also whether his attendance is required as an accused, a defendant, a

judgment debtor or other party or a witness or for the purpose of giving

evidence or to produce a document or for any other purpose. If any particular

document is to be produced, it shall be de scribed in the summons with

reasonable accuracy.

(2) The summons shall be signed by the Sarpanch and shall bear the seal

of the Gram Panchayat.

24, Access and inspection of judicial cases, records and registers of the

Gram Panchayat [Section 87].— (1) The Sarpa nch shall, on the application of

any party to a judicial proceedings, allow the inspection of the record to the

said party or its duly authorised agent on paym ent of fee of one hundred

rupees on each occasion.

(2) The Sarpanch shall, on the application of any party to the judicial

proceedings, supply him with a certified copy of the orders or resolution on

payment of a fee of rupees thirty.

(3) The Sarpanch shall, on the application of any party to a judicial

proceedings, supply him with a certified copy of relevant record or entry in the register or any portion thereof on payment of rupees five per page or part

thereof.

22. Consignment of records of judicial cases , registers and books

[Section 87].— (1) Records of every case i.e. cr iminal, civil or revenue decided

by a Gram Panchayat shall be consigned to the General Record Room at

District or Sub Divisional Headquarters from the 1st June to 30th September,

every year. Such records shall be kept and d estroyed in accordance with the

Destruction of Record Act, 1917 and the rules made thereunder.

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The Punjab Panchayati Raj (Gram Panchayal) Rules, 2012 : 167

(2) All judicial registers and books maintained by a Gram Panchayat shall, when finished, be kept in the Gram Panchayat office for two years after which they shall be consigned to the Record Room.

23. Custody of money [Section 83].-- All funds creditable to the Consolidated Fund of the State when realized by the Gram Panchayat shall be deposited or transmitted to the nearest Government Treasury Office or the Nationalised A Bank at the earliest or next day by the Panchayat Secretary or a person duly authorized by him.

24. Operation of Gram Panchayat Fund account [Sections 86 and 96).-- (1) The Gram Panchayat Fund mentioned in section 86 of the Act, shall be kept in a Saving Bank Account opened in the name of the Gram Panchayat in a Nationalised Bank. The Gram Panchayat may open Saving Bank Account for other schemes, if their terms and conditions provide so or the Government directs so:

Provided that a sum not exceeding rupees five thousand may be kept in the custody of the Sarpanch for an urgent expenditure to be incurred by him.

(2) All expenses of Gram Panchayat shall be charged to the Gram Panchayat Fund as provided in section 91 of the Act. The same shall be duly approved by the Gram Panchayat through its resolutions passed in meetings.

(3) No Money shall be drawn from the Gram Panchayat Fund unless it is required for immediate disbursement on an item of expenditure under the Act | or any rule or on specific order of the State Government.

(4) The Sarpanch and Panchayat Secretary of a Gram Panchayat should be guided-by established standards of financial propriety and must exercise the same vigilance as a person of ordinary prudence in respect of expenditure of his own money. No authority shall incur expenditure or entered into any liability unless there is budget provision for it and the expenditure has been sanctioned. m

(5) The Sarpanch and Panchayat Secretary must see that not only the total expenditure is kept within the limit of authorized appropriation, but also the funds allotted are utilized in the interest and service of the Gram Panchayat concerned and upon objects for which provision has been made. In order to exercise proper control, they should keep themselves closely acquainted: with the progress of expenditure, commitment-and liabilities incurred but, not paid.

. (6) The Gram Panchayat account shall be operated upon jointly and amount can be withdrawn by the following authorities:

Serial Limit of withdrawal Competent authorities No.

1. Up to rupees 25000/- Jointly by the Sarpanch, authorized Panch and Panchayat Secretary

2. More than rupees 25000/- Sarpanch Gram Panchayat, ' Panchayat Secretary and Block

Development and Panchayat

Officer.

pee

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168 The Punjab Panchaya ti Raj (Gram Panchayat) Rules, 2012

(7) The amount can only be withdr awn out of Gram Panchayat Fund with

the sanction of withdrawal accorded through a resolution of Gram Pancha yat.

Copy of the resolution shall be a ttached with the withdrawal Form to be

submitted in the Banking institution. A p hoto copy of the same resolution shall also be submitted to the office of P anchayat Samiti concerned by the Panchayat Secretary duly attested by him within a week. A Bank Account Statement or updated copy of Bank Pass Book for each account, duly a ttested

by the Panchayat Secretary, shall be submitted to the Block Developm ent and

Panchayat Officer before the fifth day of every month by obtaining valid re ceipt.

In case of failure, the Block Deve lopment and Panchayat Officer may suo moto

stop the operation of the concerned bank account before the seventh day of

the month. In case, a payment is mad e fraudulently or with malafide intent ion,

the recovery of the same shall be ma de from the salaries of the officials under

rules or through other modes and fr om the Sarpanch under the Act in equ al

share. Recovery may also be mad e of equal due share from the Block

Development and Panchayat Officer concerned in case he signs the ch eque or

approve the payment.

(8) Amount shall be drawn only th rough cheques. Payment to third p arties

for the amount exceeding rupees five thousand shall also be made through

account payees cheques. Parties may obtain payment direct from t he bank. A

reference to cheque number an d date shall invariably be given on the

concemed bill so that no double pay ment of the same bill is made.

(9) In case of emergency, the S arpanch may spend up to rupees five

thousand from the cash in han d without a resolution. Once s uch an

expenditure has been incurred, no further expenditure shall be allowed till the

Sarpanch has put the accounts before the ensuing meeting of th e Gram

Panchayat for approval.

(10) The Gram Panchayat may incur ex penditure from its own income i.e. from Shamlat land or raised through t axes, fines, fees and other assets plac ed

at their disposal with the approval of the general meeting of the G ram Sabha

as per the limits and conditions s pecified by the State Government from time to

time. The expenditure from own income shall be incurred only aft er meeting

liability of pay, allowances and conti ngency. All expenditure shall be subj ect to

the availability of its own income after taking into account other co mmitments

and assurances. The expenditure shall not be incurred outside th e jurisdiction

of the Gram Panchayat.

(11) The expenditure incurred by a Gram Panchayat on the perfor mance

of the duties as specified in secti on 30 and other functions under the Act, shall

be valid charge on the Gram Panc hayat Fund. For the purpose of t his rule,

expenditure on the following item s shall also be deemed to be a legitimate

charge on the Gram Panchayat Fund:

(a) purchase of portraits of national leaders,

(b) purchase and hoisting of Nation al Flag;

(d) distribution of sweets to chil dren on national festivals and at the

time of the visits of high dignitaries to the Gram Sabha Area,

(e) publicity of Panchayat act ivities with the prior approval of the

_ Deputy Director of the area;

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The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

169

(f) making contributions for holding seminars of Sarpanch es or

Panches or its officials; and

(g) any other item as may be ide ntified by the Government. Provided that the total expenditure by a Gram Panchayat during the ye ar

on any one of the aforesaid items mentioned in clauses (a) to (g), shal l not

exceed the following limits:-

(i) the Gram Panchayat with ann ual income up to rupees up to rupees 25000

1000,

(ii) the Gram Panchayat with an nual income up to rupee s

up to rupees 50000

2500; and

(iii) the Gram Panchayat with an nual income up to fupee s

above rupees 50000

5000;

Provided further that expenditure of maintenance of accounts shall be first charge.

(12) The actual travelling and the daily allowance as admissible to

Group-C employees of the Punja b Government beyond the radius of 10 km

may be paid toa Sarpanch or a Panch even if he returns to the H ead Quarters

on the same day for a journey un dertaken by him in pursuance of a resolution

passed by the Gram Panchayat.

25. Investment of surplus fund s [Section 96].-- The Gram Pan chayat may

invest its own surplus funds in the shape of fixed deposit in the Nationalized

Banks.

26. Rate of interest [Section 21 6(1)].- The rate of interest paya ble under

sub-section (1) of Section 21 6 of the Act shall be eighte en per cent

(compound).

27. Structure of accounts [Section 96].— (1) Figures in the accounts sha ll be

in English language and receipts fo r money may be issued in State l anguage

also. All accounts and registers in the case of Gram Panchayat so for as

possible be kept in Punjabi or as ma y be decided by the Director.

(2) The Gram Panchayats may maintain its accounts a5 per National

Panchayat Accounting Manual, o f Government of India, Ministry of Panchayati

Raj with modification if any, in view of the requiremen ts of the State

Government or Central Governm ent, Gram Panchayats or othe rwise. AS a

safety measure, until new system of accounts is introduced, the Gram

Panchayats shall continue to ma intain the existing manual acco unting system

for such a period as may be specifie d by the Director.

(3) An account of all income of Gram Panchayat from whatever source

and all expenditure out of the Gr am Panchayat Fund shall be ma intained. The

Cash Book shall be closed daily and the cash balance in hand and the balance

with banking institutions shall be str uck and verified by actual count and by

comparison with the balance sh own in the pass book, as the c ase may be. A

certificate to this effect shall be recorded under the s

ignatures of the

Panchayat Secretary at the end of each month in the Cash Book. The Block

Development and Panchayat o fficer concerned shall give a ce rtificate in Form-

XXVI to the effect that the Cash Book and Proceeding Book

are complete in all

a a

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170 The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 respects up to 30th September/31st March of the year, as the case may be:

Provided that a separate cash book for own sources, and far each central or State sponsored scheme shall be introduced.

(4) Ledger shall be maintained and tallied with the Cash Bock at the end of every month.

(5) Budget head wise details of income and expenditure shall be entered in the classified abstract register and tallied with the ledger at the end of every month. ;

(6) The Bank shall issue a Pass Book in which all the sums paid into or drawn by means of cheques or otherwise from the Bank on behalf of the Gram Panchayat shall be entered. Entries in the Pass Book shall be made only by the Bank. The Bank is responsible for ensuring that the entries are correctly made and at the end of each month, the entries on each side of the Pass Book are totaled and the balance struck and tallies with Bank Account. The Panchayat Secretary shall be responsible to reconcile the balance as shown in the Pass Book and that shown in the Treasury column of his Cash Book. The Pass Book shall remain in the personal custody of the Panchayat Secretary, who shall be responsible to see that the Pass Book is sent to the bank at least once a month for completion.

(7) The Panchayat Secretary shall maintain a cheque book register in Form-XX VII.

(8) Separate registers for audit and inspection notes shall be maintained in FORM-XXVIII/II in which, after examining the audit and inspection notes, objections shall be identified for compliance.

(9) A receipt in duplicate, shall be made out with ball pen in Form-lll. The . original shall be given to the person paying the money and duplicate carbon copy shall be retained in the office as office copy. The receipt shall be singed by the Panchayat Secretary. Computerised receipts, duly signed by the Panchayat Secretary, may also be issued wherever computerization of accounts have been introduced. The Sarpanch and Panchayat Secretary shall however, satisfy themselves that the amount so received has been properly entered in the Gash Book and credited in the Gram Panchayat Fund.

(10) At the end of each year, the Gram Panchayat shall prepare its annual account showing its income and expenditure under each of the budget head and send it to the Panchayat Samiti by the following 31st May for transmission to the Zila Parishad with its observations, if any. The Zila Parishad shall further transmit it to the Divisional Deputy Director concerned with its observations by the end of June.

28. Register of Court Cases [Sections 7 and 95].— The Gram Panchayat Shall maintain a separate register of court cases in Form-XXI appended to these rules and a separate page of the register shall be allotted to each case. In the register of cases in which the Gram Panchayat is the defendant, the amount paid in satisfaction of a decree awarded against the Gram Panchayat and the date of payment shall be noted in the "Remarks" column.

29. Annual administrative report of the Gram Panchayat [Sections 7 and 95].—

-(1) The Panchayat Secretary of every Gram Panchayat shall cause to

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The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 171 prepare by the 30th day of April every year a report on the administration of Gram Panchayat for the previous financial year ended on 31st March, which shall be placed before and adopted in the Gram Panchayat meeting and sent to the Panchayat Samiti concerned. It shall also contain a note of important activities of Gram Panchayat during the year.

(2) The Executive Officer of Panchayat Samiti after examining reports of all Gram Panchayats with in its jurisdiction, cause to prepare and send a consolidatéd report together with its views thereon, to the Chief Executive Officer of Zila Parishad by 15th May of every year. The Chief Executive Officer shall then send the report to the Divisional Deputy Director of the area by 30th June of every year for further transmission to the Director at once.

30. Power of taxation [Section 88].-- (1) The Gram Panchayat may impose taxes, fees or duty etc. by resolving through a resolution under section 88 of the Act in accordance with the rates as may be fixed or conditions imposed by the State Government through orders issued from time to time.

(2) Where a Gram Panchayat is intended to impose taxes or levy a fee, duty etc. under section 88 of the Act, it shall, by a notice specifying the rates of taxes, fee or duty invite objections or suggestions to its proposal within a period of thirty days from the date of issue of notice. The notice shall be published by beat of drum in the Sabha area and by pasting its copies at conspicuous places in such area. After considering the objections or suggestions, the Gram Panchayat shall pass final orders which shall also be published in the same manner as stated above.

(3) An appeal against the assessment of any tax, fee or duty etc. shail lie to the District Development and Panchayat Officer. The appeal shall be preferred by means of a written memorandum within a period of thirty days of the publication or intimation of the assessment. The appellate authority shall pass orders after such enquiry as it may deem fit. The assessment lists shall be amended in the light of the decision of the appellate authority, if need be.

31. Collection of taxes, fees and duties or other dues payable to Gram Panchayat [Sections 88 and 92].— (1) A Gram Panchayat may collect tax, fee or duty through tax collectors or through Government or local authority or any other agency.

(2) When a Gram Panchayat enters into a contract with Government or a local authority or any other agency to collect any tax or other dues payable to the Gram Panchayat, collection charges at the rate not exceeding ten per cent of the amount collected, shall be agreed upon:

Provided that if the Gram Panchayat considers it in the interest of public, may assign the collection work of taxes etc. to any agency through open public auction.

(3) After the close of each financial year, the Gram Panchayat shall prepare a list of defaulters showing the amount due from each such defaulter and forward a separate case of each defaulter to the collector who shall recover the same as arrears of land revenue under section 92 of the Act. The amount so recovered shall be transferred to the Gram Panchayat for depositing into the Gram Panchayat Fund account

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172 The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

32. Power to exempt from taxes and write off irrecoverable amounts [Section 90].— A Gram Panchayat may write off any irrecoverable amount within the meaning of section 90, if it does not exceed the sum of one hundred rupees in each individual case. If it exceeds one hundred rupees, it may be written off with,-

_ (a) the approval of the Panchayat Samiti provided if it does not exceed rupees five hundred.

(b) the approval of the Zila Parishad if it exceeds rupees five hundred r

33. Power to borrow [Section 93].-- A Gram Panchayat may borrow money (in the form of demand draft, Cheque or Banker cheque only drawn in favour of the Gram Panchayat) for carrying out any of the purposes of the Act subject to the conditions laid down in the Local Authorities Loan Act, 1914 and rules made thereunder:

Provided that the Gram Panchayat may borrow loan or advance up to rupees twenty thousand with the prior permission of the Panchayat Samiti, if

the amount exceeds rupees twenty thousand then with the Prior Permission of the Zila Parishad. Such amount shall be credited to the Gram Panchayat Fund.

34. Budget of Gram Panchayat [Section 95].-- (1) The Budget is a statement of the estimate of the receipts and expenditure of a Gram Panchayat for any financial year.

(2) The Budget estimates for the following financial year shall be prepared by the Gram Panchayat and laid before the Gram Sabha in its Sauni meeti ng

for the approval thereof.

(3) The budget shall contain probable opening balance of the funds and estimate of receipts and expenditure during each financial year and shall

provide for functions as mentioned in section 30 of the Act and should be as

close and accurate, as possible.

(4) The sums to be provided in the estimates of receipt and expenditure under a particular head of account must be such as can be reasonably expected to be received or utilized during the year and must include the receipts or payments of arrears during that year.

(5) The budget shall be prepared as per these rules in a Form, as may be prescribed by the Director from time to time.

35. Contents of the Budget [Sections 7 and 95]. (1) The budget am ong

other things should contain adequate and suitable provisions for,-

(i) Opening Balance;

(ii) estimated income separately indicated for own sources such as tax revenues, non-tax revenues like fees, penalties, fines, income from sale of land, temporary use of land, grazing grounds, water reservoirs, agricultural farms, orchards, bone contracts, rental income from shops and buildings, etc.

(iii) grant-in-aid from State Government under different heads like share against land revenue, maintenance grant, development grant, establishment grant, incentive grant, education, rural sanitation, housing, improved chulha, water supply and cleaning a

172

The Punjab Panchayati Ray (Gram Panchayat) Rules, 2012

173

and general purpose grant, and

(iv) receipts from Central Government through District Rural Development Agency or for Rural Development and Employment generation.

(2) The expenditure proposed on establishment and discharge of the duties under the Act and rules, estimates should be, -

(i) for existing expenditure; and A (ii) for new expenditure separately indicating special reasons for : new items.

(3) Due discharge of ail liabilities in respect of loans and for all other commitments like refunds, etc.

(4) Budget shall also contain,-

(i) actual of the previous year as compared with original estimates for that year,

(ii) revised estimates for the current year as compared with the original estimates for that year, and

(ii) budget estimates for the ensuing year as compared with the original or revised estimates for the current year.

36. Time schedule of Budget [Section 95]. (1) The budget estimates of Gram Panchayat prepared and approved by the Gram Sabha under section 7 of the Act shall be submitted to the Panchayat Samiti having jurisdiction over the area of Gram Panchayat on or before 15th January of each year for approval. in case Panchayat Samiti has to make any modification, it shall return the budget to the Gram Panchayat within a period of fifteen days.of the receipt for making such modifications. The Gram Panchayat after effecting such modification, shall return the budget with in a week of its receipt to the Panchayat Samiti for approval.

(2) The Panchayat Samiti shall convey its approval to the Gram Panchayat by 28th of February every year. No expenditure shall be incurred unless the budget is approved by the Panchayat Samiti and if the Panchayat Samiti fails to convey its approval by 15th day of March of every year, the budget shall be deemed to have been approved by the Panchayat Samiti. As soon as the budget estimates of the Gram Panchayat are sanctioned, copies thereof shall be supplied to the Panchayat Samiti and Zila Parishad.

(3) The sanctioning authority besides other things shall see that,-

(a) the estimates of receipts and expenditure are correct and the

" instructions or recommendations of the Government issued from time to time have been duly considered for preparing the budget:

and

(b) variations between the figures of the budget year and those of the previous year have been adequately explained.

37. Re-appropriation from one budget head to other [Section 95].-- (1) The amount provided in any head in the approved budget of the Gram Panchayat may be transferred or re-appropriated to any other head with the prior approval of the Panchayat Samiti:

173

174 Th e Punjab Panchayat! Raj (Gram Panchayat) Rules. 2012

en _

Provided that,-

(a) no re-appropriation is from one section of account to another,

(b) due provision i s made under each head for schemes, institutions,

services or liabilities which is obligatory fo r the Gram Panchaya t to

execute, maintain or pay for in accordance with the Act or rule s made

thereunder or the condition of any g rant made by the State

Government, and

the State Governmen t In this behalf. Th e pattern of such s chemes

shall not be chang ed without the pri or approval of the State

Government.

(2) No Gram Pancha yat shall incur on any item of expendit ure not

included in the sanctio ned budget or in exces s of the budget allotm ent without

the prior permissio n of the Panchay at Samiti. To ac hieve the object, supplementary Or rev ised budget may be prepared for such exp enditure.

38. Assessment an d collection of Rev enue [Sections 92 and 96]. (1) It shall be the duty of t he Sarpanch to ensur e proper maintenanc e of accounts of revenue as well as ex penditure.

(2) The Panchayat Secretary shall be r esponsible for timely receipt and

collection of revenue s. It is his responsi bility that dues ar e correctly and regularly assessed, collected and prompt ly credited to the fund. He shall

accordingly arrange to obtain from all the sources where rev enue arises,

returns regarding the progress of realizat ion and cause them to be noted in the Demand and Collecti on Register.

39. Checks to leaka ge of revenue [Sec tions 88 and 96]. In order to ensure that all the revenue collected is correctly brought to the accoun t and there is no leakage. The Sarpan ch and Social Educa tion and Panchayat Officer or

Panchayat Officer s hall see that adequa te checks are exerc ised and may, for this purpose, arrange to have test inspec tions of account of receipts, carried out.

40. Prescribed auth ority [Section 215]. -- For settling the d isputes between the Panchayat and other bodies, the Deputy Commissione r shall be the

prescribed authority

41. Audit of Accoun ts [Section 97].

(1) The audit of the accounts of the Gram Panchayat sha ll be carried out by the audit authority, which the State Government may prescribe, at least ance in a year and a copy of audit r eport

shall be sent to the G ram Panchayat and concerned Panchayat Samiti, Zila

Parishad and Division al Deputy Director o f the area within 4 p eriod of one

month of the audit. Au dit report shall be ma de available for publi c on internet.

The audit fee as spec ified by the State Go vernment shall be ch arged to the

Gram Panchayat Fund.

(2) In case of Centrall y Sponsored Schemes , audit of accounts shall be

carried out by the C hartered Accountant appointed for a te rm not exceeding three years ata time by the Zila Parishad concerned or by an y other agency in view of guidelines of the scheme. The annual fee payable to the Chartered

174

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 175 Accountant or other agency shall be fixed by the Zila Parishad from time to time.

(3) The Sarpanch and Panchayat Secretary shall deal promptly with the audit note and the objections. He shall, within a period of one month of the receipt of the note, convene special meeting of the Gram Panchayat to consider the objections and suggestions made by the audit authority and to decide the action to be taken in regard thereto. The decision so taken shall be indicated on the inter leaved copy or on the margin of the audit note which shall be forwarded to the audit authority, within a period of three months from the date of the receipt of the note. An annotated copy shall be kept by the Panchayat Secretary and produced for information before the Inspecting Officer at his next visit. Any outstanding objection shall be attended to by the Gram Panchayat in the aforesaid manner. Report of action taken shall be sent to the Panchayat Samiti, Zila Parishad and the Divisional Deputy Director of the area.

(4) The Sarpanch and Panchayat' Secretary concerned shall be responsible for making available the record of Gram Panchayat to the satisfaction of audit authority or Chartered Accountant as and when required by them during audit. In case, the record is not made available for audit, the audit authority shall report the matter to the Block Development and Panchayat Officer, who shall arrange to provide the requisite record to the said authority and initiate disciplinary action against the Sarpanch and Panchayat Secretary under the rules.

42. Supervision of the Gram Panchayats [Sections 121 and 204].-- (1) The Social Education and Panchayat Officer or the Panchayat Officer shall conduct inspection of Gram Panchayats once in three months. These officers may inspect the books, proceedings, records, property or works of any Gram Panchayat. The officer inspecting the Gram Panchayat will submit the inspection report in Form-XXIX to the Gram Panchayat, the Panchayat Samiti, the Zila Parishad and the District Development Panchayat officer of the area.

(2) The Director or any other Officer not below the rank of the Block Development and Panchayat Officer, the Chairman Zila Parishad, the Chief Executive Officer Zila Parishad, the Deputy Chief Executive Officer Zila Parishad, the Chairman Panchayat Samiti or the Executive Officer Panchayat Samiti or any person or officer so authorized in writing by the aforesaid authorities, may inspect the Gram Panchayats and enter their remarks in the inspection book.

(3) The Director or any subordinate authority may -order a special inspection of any Panchayat or all Panchayats.

43. Repeal and saving.-- The Punjab Gram Panchayat Rules, 1965 are hereby repealed:

Provided that anything done or any action taken under the rules so repealed, shall be deemed to have been done or taken under the provisions of these rules.

175

176 The Punjab Panchayati Raj (Gram Panchayat) Rules, 2

012

FORN-I (See rule 8) Proceeding Book of the Gram Panchayat of Tehsil District

Names of Sarpanch and Panches Present Names of other off icials present

x»

1. ow ss... Sarpanch Gram Panchayat ......... 00 1.00 --- Panchayat Se cretary

2. 8. 2.

3. 9 32.

4. 10. 4.

5. V1. «5.

6. iz. 6. te

Hterm Wo. .2. 2... sees AQMD oc cee cen eee es cnee ene a Detailed proposal for consideration

Voted and signed for the resolution Voted and signed again st the

(proposal) resolution (proposal)

1 2

Comments of Panchayat Secretary Signature of the Sarpanch Signature of Panchayat Secre tary

NAME 0... ..2ee cece ees MAING oo. cccccc ccs sneer neers

FORM-II

Inspection Register

(See rule 8)

Name of Panchayat ............. for the Year .......-..--.-s:006 Se Cate Pernod Almere: aed Total

paris Para, Pencgrg Raxe- Ser.

hea. Achon taluer Recurks

Ne. a of dengnaie — comtarang d

roped Para rable al paw fo comply

nape innpec od obaerwike

dunng Amr wh oor

'with

chan oon inepecton in

inepecton in Paras eeneund

obras

officer!

a On ho PETES

Auonity Report

rates delecta

1 2 «3 4 5 6 7 8 g

10 1

FORM-III Cash Receipt Book [See rules 8,19(2) and 27(9)] Name of Panchayat .........-00cuueeeeees Receipt No. 0.0... cee

PUGH iticsiecnctocyee neces Assesses No./Trade License No............-..-+- Stall No./Other Identification No. ......-.....00.0+ Demand/Natice No. .......... setecpatiidetes

Date ....:.....c000

176

vin es The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 177 Nature of Income ooo...

Particulars of Receipt "

Details of cash receipt Account Code Amount received as

Amount in words ...........ccccccceceeue

Counter Signature of DDO Signature of Panchayat Secretary/ Authorized Cashier

Book No. ..........0.6...

FORM-IV

Attendance Register

| [See rules 6 and 10(2)]

Gram Panchayat .....000..000c0.c06 BOCK... District. eF eis. acc. WHOM cca. fess it cee oee Gas seuceceeene :

Sr. Name of 1 2 3 4 5 6 7 8 9 10 #41) 1

No. Employee

Panchayat Secretary/ Sarpanch

FORM-V

(See rule 8)

0 Dei os caiiasiccvinain han eRe

177

178 The Punjab Panchayati Raj (Gra m Panchayat) Rules, 2012 Se No Date of Nameand Nawaand Descrpt on clan Txigeret

presentation descophet dé

scnipion of the sunt

of the Piet = of tng of the fox ps = aa aa

pare ateset ot or value

descrigion costs and

ofthe rebel = date of

1 2 3 4

5 a r 8 a

Modiicabon of tha decrea Adpaiim ent of the decree Date Mature of ine Purport of the order

order and tna

In Apeaal In Reweon in Higher quthowity by

— =<.

res

orn section of

pao

ihe Act the Act

—_

Dele of saustacton = Amount of money or Dale of dapaich of record to Dale of cormigr enen io the R cord = Remarks *

details of property the General Record Room at Room and number of tha case in

iranstered ditrict Headquarters

ihe Record Room Regester

18 9 20

Zz a

Notes. (1) The serial number shall ordinarily represent the number of the suit, when, however, a suit is restored after remand'or d ismissed in default, it should be restored to its original number. The old number should be n oted in red ink under the serial number at which the case is re-entered in the register, aind it will continue to be the number of

the suit. In the remarks column of the old entry relating to the suit the serial number at which the case is re-entered after remand or dis missal should be noted.

(2) In columns (3) and (4) description incl udes, parentage, caste and residence. Whe n

there are more than one plaintiff or defendant, the name and description of each must be given.

FORM-VI

(See rule 8)

4 2 3 4 5

6 7 8

Sr. Cognizable or instituted (a) Date of Dateot Nameand Hamecithe Name and

No, non-cognizable upon comolaint offence village where police description (enter kalba complaintor oof pokce the offence slabon of

dakhal andazi or received by report was complaint

nakabil daknal transfer oF

committed

andazi, as the fo) on police case may be) repost

9 10 4 ; 12

13 44 15

Nameand Nature Whether Cider Result Dale ofdispatch Date of Remarks

description of aécuged has

= with of of record to

consignment

ofaccused offence been date

revision General Record to the Flecord anested Room

at district Room and

headquarters number of the

x case in the

Record Room

Notes: (1) The serial number shall ordinarily r epresent the number of the case, when,

178

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 179 however, a suit is restored after remand or dismissed in default, it is to be resto red to ils

original number. The old number should be noted in red ink under the seria l number al

which the case is re-entered in the register, and it will continue to be the number of the suit. In the remarks column of the old entry relating to the case, the serial nu mber at

| which the case is re-entered after remand or dismissal should be noted.

(2) When the case entered as cognizable in column No...... is subsequently found to be non-cognizable, the words kabil dakhal andazi should be altered to nakabil dakhal

andazi.

FORM-VII

(See rule 8)

Tehsil District 1 2 3 4 § 6 7

Sr Date of Name and Name and Desonpoon Cian Judgnant

| Ho preserkaion descriptor = desenption «oof thee must for of the plant of the of the puposol = Amountor For Bnet description of the rebel

Plasniuft defendant = classification value whom granted and the ovder as to

cose and date of order

9 10 11 12 13. 14

15 16

Medication cps Cate of cespatch Date of Remarks

ofthe athedecrse of necondto ite 'consignment fo the decree oF 'General

Record Recon Room and

appeal or Rocen at

distinct number of tha cane uncer Head

quarters in the Record Room 'echon 37

Regater

of ihe Act

Cate Nature of Purport of Date of Amount of the order fhe order Satidacion = mony oF aad Lee datas of

authority Property

by wheat: (ransterréd

he onder

wes

passed

FORN-VIII

(See rules 8 and 20)

Summons to a person against whom a criminal complaint has been made before the

Gram Panchayat

Serial No. of case

Date of institution

ei ccereesensens SON/daughterhwiteAwidow OF ......c0.css:scersee sees: GABLE es cersereteees

" VINAQE ... cece css cee ec eseeeseaeeeee | Whereas your attendance is necessary to answer to a charge of ............: under BECTON .....0cccceccceeee OF ce cccceeeeee ANCE wee e cteres POU BPE hereby required to appear In

person before the Gram Panchayat Of ........-......---- OM the .........655 day Of co.cc

20.........5 The Complainant is .............., son/daughter/wifeswidow OF coeseeesueeeerens

CASES ooo ccee cece ee neey MUNRO 1. cence reer eetnenneee es

The notice that if you do not appear on the day fixed, proceedings under the Act

may have to be taken,

Datta... .cccscec0, Baty OF cc ccsseeceeee 20 ce cs ceeeee

179

180 The =e Panchayati Raj (Gram Panchayat) Rules, 2012 (Signature ec tuarki impression of Beiparei Gram Panchayat................

Seal of the Gram Panchayat.

FORM-IX '

(See rules 8 and 20)

Summons to a person against whom a civil case has been inslituled before the Gram Panchayat ....0. 200.0022

Serial No. of the Suit ...... gate:

Date of institution ..................

To,

. .. son/daughterwifewidow of .. ., caste

"village... stivese HOS instituted a 'suit 'against you for Sb ida tydwvawaie uankestaqderans you are 'hereby summoned to appear in in BeSIOn or ny a duly authorized en before this Gram Panchayat on the . . day of

ee ee 20.0040 .. fo answer the suit.

And you aré "docted fo produce on that day all thé evidence whether documentary or oral on which you intend to rely in support of your defence. Take notice that if you do not appear as dirécted on the day fixed, the suit may be heard and delermined in your absence.

Date... MAY OP tee cccetes 2D cen reees tenes eeses

(Signature of Sarpanch)

Gram Panchayat.....................6

Seal of the Gram Panchayat.

FORM-X

(See rules 8 and 20)

Summons to a person called as a witness in a civil suit (case)/criminal case Before the Gram Panchayal............00.0cc:008 T@NSI 0.0. ceeeeee DISHTICL. eee To

village ...

Whereas your + aesaancs is required to depose about certain facts or/and to produce the documents set out below on behalf of the Plaintiffidefendant/accused in the above noted case, you are hereby required ta appear personally before this court on the seoueee Gay Of . 20.02.0000... at oo... O'clock in the

forenoon 'and to bring with you the | following documents: -

We ccciesed ed ectveninssapscvdecaanntesaceynnnest 4..

Gi ssnsciatidndeevindheiactnncaanoetanes

3 6.

A sum of Rs. ..... . being your traveling and other expenses and subsistence allowance for one e day lies in deposit with the Gram Panchayat and shall be paid to you when you appear. If you fail to comply with this order without lawful excuse, you will be liable to a fine of Rs. 250.

Date this .....nccc: Gay OF ice cccee Ms ceeeeeeenenrerenennes

180

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 181

(Signature of Sarpanch)

Gram Panchayat..............--.--.+ Seal of the Gram Panchayat.

Notes. (1) If you are summoned only to produce a document and not to give evidence you shall be deemed to have complied with the summons if you cause such document to be produced before this Panchayat on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs. ............. will be paid to you for each day's attendance beyond the day specified

(3) You are not to go away until you are discharged by the Gram Panchayat. FORM-X!

(See rule 8)

Decree in Civil cases decided by the Gram Panchayat

.. Plaintiff

Versus

...Defendant

Claim for ..

This suit coming on this day for final disposal before the Gram Panchayat Sryrnpase.nsnannsaqeseFinisianvaener in the presence of the .. dae . (Plaintiff) and' or ne ee aaiveeicece see say ee it is ordered that cesses (Plaintiffs ee do nay to the . 5 .. (defendant's Mukhtar) the sum of

Given under my y hanes aid seal of the Gram Panchayat this ..............:. day of (Signature or thumb impression of Sarpanch)

Gram Panchayal...........c ce

Costs of the Suit

Plaintiff Defendant

Rs. Rs.

1. Stamp for plaint 1. Stamp for power of attomey

2. Stamp for power of atlomey 2. Stamp for petition

3. Stamp for exhibit 3. Subsistance for witnesses

4. Subsistence for witness 4, Service of process

5. Commissioner's fee 5. Commissioner's fee Total Total

181

182 The Punjab Panchayati Raj (Gram Panchayat ) Rules, 2012

FORN-XIl

(See rule 8)

Application for Acquisition of Land Name of Gram Panchayal .........--.0002::2:sser0eee es Tete ss ices District .....0..00..0.cc eee eeee sees eeeeneeeeseenme ese see ee

Description of land Purpase of acquisition Whether private negotiation nf

to purchase the land were |

made and have failed |

1 2

3 | Signature of Sarpanch | FORM-xXIII |

(See rule 8)

Register for Processes and Summons Gram Panchayat .........-:ccseee Tehsil ...-ccsccseccseeceeenceesess DASUICE ...ccasereerereeeeeeeees

Sr Number Nameof Amount Dale of Na

me of Amount of Signature Remarks

No. of person of dispatch person remuneration of

cases on process: to whom paid to the Sarpanch

whom, fee sentior server process realized service is issued

1 2 3 4 5 6 ie

8 9

FORM-XIV [See rules 8 and 19(2)) Register of Diet Money Gram Panchayat ...........::cc020 TERSH so. see cesses ester eerecesen s District .......cccccereeeeeeees

Number Dateof By whem Arvount Towhom pad

Dateof Signature of

ofcase Deposit Deposited paid

payment Sarpanch or

member before

whom payment fi

is made

1 2 3 4 5

6 T

FORM-XV (See rule 8) Index of Papers of Gram Panchayat File and Abstract of Order Gram Panchayat .....ccccccccccee TONSH .seceeeceteene esses so ne District .. sane

182

2 Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

133

Mature ofcase Nature of Date of final Abstra ct of

cause or crime order final

3 4 5

Criminal Plaintiff a---=-~ (Full

name and address) Complainant versus

Defendant B ———- (Full name and

address)

Accused

Record Rooms Page Number Nature of papers Remarks

4 2 3

(Signature of Sarpanch) Total number of pages Gram Panchayal..

..........000

FORM-XVI

(See rule 6) Library Stock Register Name of Gram Panchayat .......... cere E ' Description of Items

ce Name of Opening Receipt of Books etc. From whom C ata Total

Balance "Quantity Value received No.

1 2 3 4 5 6

FORM-XVII (See rule 8) Library Books Issue Register

"Name of Gram Panchar yal ...:---0cre cree

183

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012

Description of Items

Date of Name of Book, To whom Catalog Ovedate Signature of

issue (Script and serial issued No. forretum secretary or

number of stock Name and

Incharge

1 2 3

a 5 6 FORM-XVIII (See rule 8) Dispatch Register (Accounts of stamps also to be maintained in the register

issue = Date) To whom Subject = File Stamp Stamp used = Balance: Remarks No sent H

ead & received (Rupees) Slamps

(Name No (Rupees)

(Rupees)

and

Address)

1 2 3 4 5

6 7 & 9 FORM-XIX (See rule 8) Receipt Register Receipt Receipt LetierNo. From Subject Fie Head Towhom Remarks No. Date & Date 'thom

& No. given

Receved ©

1 2 3 4 5

6 7 8

FORM-XX (See rule 8) Stock Register for Receipt Books Name of Panchayat ............--2ccureeeeee Tehsil............---.¢ DISUMCL.....---.0 eee Sr. Date of rec ipt or Opening Balance Details of Receipt Total Quantity ha: Beco ee Book No. Guantty Book N o Receved

184

The Punjab Panchayati Raj (Gram Panchayat) Rules,

2012 185

FORM-XXI (See rules 8 and 28) Register of Court cases (Suits) ——— Sr. Date of Title of the Name of Nam e of Name of Next date of hearing No. = institution/ filing case 'Counsel opp osdé Court!

reply! whether (Number of counsel Trikaerwalt

bunch cases oF case! Name

Commission

clubbed cases? of parties)

1 2 3 4 5

6 T

Counsel fee paid other paid Voucher number Brie! of Amount paid Remarks

expenses and date decsia

n with date in

satisfaction of

decree

f 5 8 10

1 12 13

- - - a

FORM-XXII (See rule 8) i Works Register Works for the ye@ar.......-.-...008-+ Name of Gram Panchayat .........06.:::2cccereeeers T ehsil... ccecec ee eee DISERICE. esc eer eens Headol Name Estmated Actual Works Whether Reason fornot Reasons for not |

Account of cost amount e

xecuted — utilizabon expeuting the und ertaking the 1

work Rs spent during

the certificate entire work wor

k |

during year issued and

the year send to the

Rs concerned

quarter?

1 2 4 4 5 6

? 8 \

FORN-Xi&Ill (See rule 8) Register of Fees and Fines Gram Panchayat ... oc coccceeaeetenss ecee TONSIL. cece cere DISRTICL. econ ersecrenees Fee paid! Fine imposed Amount rec

overed -

Sr. Case Number Name of Amount Date

"Number Date Amount No accused

Receipt

1 Zz a 4 5 8 7 a Amount credited [ aia

185

186 The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 Serial Number of Arount Number and Date of In itial of Panchayat Remarks

General Cash Book Treasury Challan' Bank Secretary Voucher

9 10 4 12 13

FORM-XXIV (See rule 8) Register of Shamlat Lands Name of Gram Panchayat ........0:00c000cscserece TERSH ccs ete District......

.....0.

Sr. Village and ID No. of Jarnabandi Ar ea of property Description (Kind / No. Hadbast property for the ——_—$$—_ ___—_—_— nafure/ situation and number(s) year... i Maraias boundaries of the

Khewat No. / 7 property

Khatauni Mo!

khasra

hurber(s)

1 2 3 4 5 8 T

"Assessed market Date of Use of property Expenditure Annual Signature of

price assessing

incumed after wenfication Panchayat

the price date of with

Secretary!

assessment of comments Sanpanch

price

8 9 10 it 12

FORM-XXV (See rule 8) Register of other Gram Panchayat Lands Name of Gram Panchayat ....0...02:::.0000cccsse TANBH. ss eeeeeeeees Cistie ween

Sr. Village and ID No. of Jamabandi Area o

f property Description (Kind /

No, Hadbast property for the ——___

_————_ nalurer situation and

nurnibeer(s) year...... ee Maralas boundaries of th e

Khewat Mo. property

Khalauni Mo./

khasra

number(s.)

1 Zz 3 4 5 6

Assessed market Dale of Use of property Expendit ure Annual Signature of

price assessing incurre

d after verification Panchayat

the price date of wat

h Secretary!

assessment of comments Sarpanch

price

a a 10 Vi 12

FORM-XXVI (See rules 8 and 27(3)) Certified that | have verified and found that Cash Book/ Pro ceeding Book of the j

Gram Panchayat ........000cssssrececesceneeeerseseeee for the period i.e. 1st April to 30th

September 20..........:.0005 f 1st October to 31st March 20.0.2... is complete.

186

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 187

Block Development and Panchayat Offi cer

FORM-XXVII

(See rules 8 and 27(7)))

Cheque Book Register

Name of Gram Panchayat ........06...6 6.02 Tehsil...........0..... DISHTIECE......- ccs seeeeeeee & Daleof Accoum Name Cheque Book No. of Hama of Remarks — Signalure of

No, receipt No. of No

Leafs Scheme

Drawing and

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Disbursing

Cheque from 0

Officer

Book

7 Z a 4 4 6 7 a

9 10

FORN-XXVIII [See rules & and 27(8)] Audit Note Register Name of Gram Panchayat ................- Tehsil ....... ..... District.........05 WESE i iiiiinnki Sr No (Date of Penod of Audet

Total Paras in During Audit par

as |= Pending Paras

: Audit Audit Authority Aud

itRepot = dropped

YF 2 3 4 5

6 7

'\Jegivelable Amount Sr No.of para where Action taken to remave objections Remarks i Paras amount is recoverabbe

a . 10

FORM- XXIX (See rules 8 and 42)

Inspection of Gram Panchayat .......-..0. 0-0 BIOCK......c0ccceseeceeeeeceeeees PRINSHL. 0. 5 cee cneeeseseterr ee nenenn tress i

( Introduction

} 1. Name of Gram Panchaya

. 2, Names of Village or Villages in Gra m Sabha area —_

4. Whether Sarpanch has taken over charge from Ex.

' Sarpanch? If not,

what action has been taken?

4. Name of Circle Headquarter of the Panchayat

Secretary

§. Total number of members(panc hes) of Gram

Panchayat including Sarpanch

6. (i) Whether there is any vacancy of the office of

Panch or Sarpanch?

if yes, since when?

187

i 188 The Punjab Pa nchayati Raj (Gram Panchayat) Rules, 2012 7 (iii) What action has been taken to fil up the va cancy? a

7. Any other comment, ifany =

Meetings

8. Whether meetings of the Gram Panchayat are held oreo Tn

as per schedule or as prescribed by the

Government?

g Whether agenda notices are issued by Pan chayal

Secretary and are kept in record?

i 40 Whether Gram Panchayat ha

s conducted OO

HariSauni and special meetings?

i BL. Whether information about Gram Sabba meetings

is being displayed on notice board?

| 42. Whether information abo

ul meetings has been

| displayed on notice

board for the members of

| Gram Sabha?

Jj 3. Any other comment, if any

__ Ss

Finance

44. Whether different cash boo ks, youcher files, (for income from own sources and C entral' State

grants), measurement books and estima te books

| are being maintain

ed?

| 15. Amount of Gram Panc

hayat fund standing in Gram Panchayat account at the time of inspection

16. Deposits in banks | 17. Cash in hand (Rs) with Sarpanch and since when? —

| 18. Whether balance sheet is prepared at the end of

\ every month? Wheth

er goshwara is being prepared \ in cash book al the

end of every month? Whether | goshwaras are au

thenticated by the Secretary with 1 comments and si

gned by Sarpanch?

19. Any other discrepancy for invitin g attention.

20. Whether cash books of Gram Panchayat have

been got checked from Samiti Head Cle rk as per

Government instructions?

r 21 Comments, if any

Tax

22, Wheiher Gram Panchayat has impos ed taxes

| under Punjab Panchayati

Raj Act, 1994?

| "33. Last tax-balance

24, Tax, assessed during the current year (Rs.)? _

25. Recovery of tax (Rs.) _

26. Total recoverable tax (Rs.)

"2h Besides house tax, whether Gram Panchayat has

imposed any other tax?

28. Assessment of new tax imposed and recovery

there of (Rs.)

29. Comments, if any

Shamlat Land

188

The Punjab Panchayati Raj (Gram Panchayat) Rules, 2012 Whether certified copies of revenue records, showing ownership of Gram Panchayat have been obtained?

How much Shamlat area was with the Gram Panchayat during year 1950-517

How much area of Shamlat land is with Gram Panchayat now?

If there is any variation, what are reasons?

in case area of Shamlat land has decreased, suggest remedies for bringing back that area in the name of Gram Panchayat

35. Whether separate property registers have been maintained for movable and immovable property or not?

a) Area for auction out of total area of land

b) = Area for non-agriculture

c) Area under use for common purposes.

d) =Total area under unauthorized occupation €) Area auctioned during current year

f) Area auctioned out of land fit for cultivation 9) Area auctioned to schedule castes

h) Area auctioned for purposes other than cultivation

i) Recoverable lease/ rent money.

j) Efforts made for recovery of due lease/ rent money

av.

Total area under unauthorized occupation. What steps are being taken by Gram Panchayat to remove unauthorized occupation?

38. Whether all the entries in the lease register are made and lease agreements are entered into as per rules? Whether copies of the lease deeds are in the record?

39.

40.

Whether record relating to lease of Shamiat land has been maintained properly?

Whether entries relating to trees standing on the Shamlat land have been made in the property register?

41. Comments, if any Grants

42.

43.

Amount of total grants received (with detail) Details about the works of Gram Panchayat under progress

Whether technical and administrative sanctions have been obtained for the works under progress?

45.

46.

Whether technical and administrative approval have been obtained for completed works?

Whether a decision has been taken by the Gram Sabha through resolution before initiating any work? Whether copies of the resolution have been sent to the B.D.P.O. and Sub Divisional Officer

189

190 The Punjab Panchaya ti Raj (Gram Panchayat) Rules, 2012 (PR)?

47 Whether estimates for the expenses of the works, have been worked oul by block JE.

48. Whether supervision has been made by the Block

J.E. during construction?

49. Whether utilization certificates have been obtained

and placed in the file'?

50. Whether entries have been made in the M.B.

regarding completed works?

| 51. Whether Stock Register has been maintained by \ Gram Panchayat

properly?

| 52. Whether information about grants and Panchayat fund has been displayed on notice board?

53. Whether information regarding income and

| expenditure has

been displayed on notice board?

54. Whether vouchers have been placed sefial number

wise and grant wise in the file or not?

55. Whelher an account for material of old and dismantled works has been main tained or not?

Whether entries have been m ade in Stock

56. Wheiher emply cement bags and other surplus material have been accounted for in the stock

57. Whether utilization certificates are being prepared

as per proformas approved by the Depar tment?

58. Whether checking has bee n made at the time of issuing utilization certificates?

59. Whether payments for the bills for expanses of works have been made after g etting the same

checked/ pre-audited from $.D.0. (P .R.)?

60. Whether unwanted wi thdrawals out of the fund have been made? if yes, action taken against the

concemed employees.

61. Whether matenal has been purchased by the Purchase Committee at competitive rales through

quotations?

62. Whether material has be en purchased exceeding the rates approved by the Sub D ivision Officer

(P.R)?

63. Whether muster rolls hav e been authenticated by the concerned employees and ch ecking officer?

64. Whether muster rolls h ave been maintained for works in three sections? Whether progress of

warks has been entered in section 2 of muster roll

by JE. and necessary entry rela ting to saving

against each work has been made there in.

"L +. p

65. Whether books of accounts and other records have been issued by the Sub Division Office r (P.R.) Zila

Parishad under the name and signatu res?

66. Whether payments again st material for works above Rs. 5000/- have been made through

190

The Punjab Panchayati Raj (Gram Paachayat) Rules, 2012 191 account payee cheques?

"Audit

67. When last audit of Gram Panchayat was made?

whether para wise comments of the audit note have been sent?

68, Total number of audit paras raised.

69. Number of deleted paras.

70. Balance paras. 71, Loss of funds involved in objections. TZ. Recoverable amount shown in the paras.

73. Recovered amount 74, Whether any action is required to recover balance amount?

75. Comments, if any. Court functions

76. Number of criminal cases and details of action taken.

TT, Number of civil suits and details of action taken Other general construction works in the Village

78. Whether stock register has been maintained or not by the Gram Panchayat?

79. Whether streets and drains have been constructed? If not, state reasons.

80. Whether Gram Panchayat has prepared any scheme under Village plan scheme? if yes, give details.

81. Detail about the arrangement made for cleanliness of streets by the Gram Panchayat.

82. Whether necessary arrangement for disposal of the water of streets and drains has been made?

83. Whether Gram Panchayat has a common place for meeting?

wl Whether requisite arrangement for furniture and rooms for children in school has been made?

85. Whether Sarpanch is being paid honorarium regularly? If not since when?

66. Whether pensions are being paid to the beneficiaries? if not, since when?

87. Whether services and medicines are being provided to the public by the Subsidiary Health Center and Vetranery Dispensary?

88. eet water supply in the village is regular or not?

89. Whether recovery of water bills is being made regularly? If not, balance amount?

90. Whether books are being distributed in time to the students of schedule castes? If mot. how much late?

91. Details about the flats allotted to the house-less, Scheduled Castes and bazigars?

191

192 The Punjab Panchayat Ra j (Gram Panchayat) Rules, 2012

92. Number of Beneficianes under BPL?

93. Whether register for births and de aths certificates

is complete?

a) Whether library of Gram Pancha yat is

working?

b) lf yes, whether library- regi sters are

complete?

c) Whether residents are taking be nefit from

books and magazines?

o4. Who made last inspection of Gr am Panchayat and

when?

Conclusion

Description about the following subjects has been made

95. Whether action under Secti on 20 (2) and 216 of

Punjab Panchayati Raj act, 1994 is required ?

96. Action taken against the illegal occupants over Shamlat lands.

oF. Whether action is required for keeping cash in

hand by Sarpanch over the limit fixed or not?

98. Any other subject needs att ention.

Sarpanch Gram Panchayat Date:

=arrelary Gram Panchowat Name of inspection'Uaticer Signature and Designation a

192