Chandigarh act 004 of 1953 : The PUNJAB GRAM PANCHAYAT ACT, 1952

yosa : Ph. Act TV.) | GRAM PANCHAYAT 121

THE PUNJAB GRAM PANCHAYAT ACT, 1992,

TABLE OF CONTENTS

SRCTIONS

CHAPTER T—PRELIMINARY Title and extent. + - tv

Repeal and saving. Definitions. '2 CHAPTER II—SABHA AREA AND ESTABLISHMENT AND ConstituTl

or GRAM SABHAS AND GRAM PANCHAYATS . "

4. Demarcation of Sabha areas. 5, Establishment and Constitution of Gram Sab ha.

6. Constitution of Gram Panchayats and disqualifications to be members thereof.

7. Powers and jurisdiction of Gram and Adalti Panchayats.

8. Election petition.

9. Oath and term of office, r esignation or removal.

10. Filling of casual vacancies. 11, Appointments in cases of default.

12. Meetings and quorum of Sabha.

13, Budget of Sahba. CHAPTER II-A—DISPuTES

REGARDING ELECTIONS

13-A, Definitions. 13-B. Election petitions. 13-C, Presentation of petitions.

13-D. Contents of pet ition.

13-E. Procedure on receiving election p etitions.

13-F, Power of Depu ty Commissioner to withdraw and transfer petitions.

13-G. Procedure befor e the prescribed author ity.

GrAM PANCHAYAT [1953 : Pb. Act ty, Of 13-H, Appearance before prescribed authorify, 13-1, Powers of the prescribed authority. 13-J. Documentary cvidence.

13-K. Sccreoy of voting not to be infringed. 13-L, Answering of criminating questions ard certificate' of in- demnity.

13-M. Expenses of witnesses.

13-N. Decision of the prescribed authority.

13-0. Grounds for setting aside elections.

13-P. Abatement of election petitions.

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

13-R. Execution of orders as to costs.

13-S. Restoration to office of certain persons whose election was set aside.

13-T. Corrupt practices entailing disqualifications. 13-U. Corrupt practices.

CHAPTER [II—GRAM PANCHAYATS—CoNDUCT oF BUSINESS, DuTIES, FUNCTIONS AND POWERS

14. Meetings, Quorum,

15. Maintenance of Panchayat records.

16. Employment of servants.

17. Punishment and dismissal of servants.

18. Provident Fund and gratuity for servants.

19. Administrative duties,

20. Functions of the District Board which may be delegated to the Gram Panchayat.

21. Power to require removal of encroachments and nuisance. i

1953°: Pb. Act [V.]. GrAm PANCHAYAT 143

SECTIONS

22;

23.

24.

25.

26.

21.

28.

29.

30.

31,

32.

32-A.

33.

34,

35.

36.

37,

38,

39,

40,

41,

42,

43,

Power to make gencral orders, Penality for disobedience of a special or general'order of the Panchayat.

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

Power to contract for the collection of taxes and other dues. Powers to introduce prohibition.

Bye-laws.

Entry and inspection.

Transfer' of forest area for irrigation work. | :

Acquisition of land.

Power to manage fairs and markets.

Power over waterways, ctc.

Powers regarding naming of streets

and numbering of

buildings.

Functional Sub-Committees and

Local Committeés of Gram

Panchayats.

Help in maintenance and impr

ovement of schools and hospi-

tals or dispensaries.

Establishment of primary schoo

ls, hospitals 'or dispensary for

a group of Panchayats.

Assistance to- Governmen

t servants.

Power to take over manag

ement of institutions, ete

CHAPTER IV—CRIMINAL JUDICIAL FUNCTIONS | Jurisdiction.

Additional power of Gram Panchayats.

Jurisdiction, ete. Transfers. |

Exclusion of certain cases. Cognizance of crimin al cases.

124 Gram PANCHAYAT [1953 : Pb. Act Ivy

SECTIONS

44,

45.

46.

47,

48.

49,

50.

51,

52,

53.

54,

55,

56.

57,

58,

59,

60.

61,

62,

63,

64,

65,

CHAPTER VI—GenerRay, PRovis!

66.

67,

Action on complaint. ° Power of Panchayats to refuse to entertain criminal cages, Proceedings on failure of the accused to appear. Prompt disposal of criminal cases.

Punishment,

Compensation.

Conviction by the Panchayat not previous conviction, Supervision of criminal proceedings by District Magistrate. CHAPTER V—Civin AND REVENUE JUDICIAL FUNCTIONS Powers,

Panchayat to be deemed to be Civil or Revenue Court, Limits to jurisdiction, Transfer of suits..

Exclusion of Panchayats' jurisdiction,

Limitation,

Tostitution,

Wrong institution of suits,

Summary dismissal,

Necessary parties in suits,

Summons,

Dismissal in default and restoration,

Ex-parte decision,

Final decision,

Supervision.

ONS APPLICABLE To JUDICIAL PROCEEDINGS .

General,

Bar to personal interests,

1953 : Pb. Act V.]

GRAM PANCHAYAT

133

SECTIONS

68. Compromise and decision on oa th, ;

69. Bar to Legal pra ctitioners.

70. Appearance of a gents.

71. Difficulties.

72. Attendance of witne sses.

73. Processes. 74, Transfer applic ation.

75, Stay of proceedin gs.

76. Payment by instal ments. _

77. Finality of decis ion.

Res judicata.

78. Custody of money

79. Contempt of cour t.

Offences cognizable by a Gram P

anchayat.

CHAPTER VI

I—FINANCE

AND TAXATION

80, Gram fund.

81. Sources of Gram Fund.

82, Power of Taxa tion.

ite off irrecoverable 83, Power to exe mpt fro

amounts.

84, Expense

85, Recovery of arrears.

86. Power to borrow. d Communi ty Ser

vice.

%7. Special tax an 26 of 1960,

section 13.

'Chapter VIII omitted by Punia® Act No. © Scanned with OKEN Scanner

126 Gram PANCHAYAT [1953 : Pb. Act Iv.

SECTIONS

CHAPTER [X—CONTROL

95. Delegation of powers.

96. Access to record of Gram P anchayat.

97, Power to suspend the action of Gr am Panchayat.

98. Control and subordination.

99. Default of duties.

100. Government may call for proceedings.

101. Power to make rules.

102. Suspension and removal of Panches, etc.

103. Suspension or abolition of Gram Panchaya t and Thana

Panchayat Unions and consequence there of.

CHAPTER X—MISCELLANEOUS

104. Bar to actions.

105. Liability of members.

106. Resignation.

107. Expenses to be met from State Revenue.

108. Suits against Panchayat or its officers. Limitation. of, suits.

109. Penality for tempering with the property.

110. Duties of Police towards Panchayat.

111. Disputes. 112, Joint works or undertakings. 113, Budget and Annual Reports by Gram Panchayats.

SCHEDULES

Offences cognizable by a Gram Panchayat. Schedule I-B.

Schedule I[-—Period of Limitation for certain claims.

Schedule []I—Table of fees.

S[Scheduie 1V-—Form of Oath.] | _ TAdded by Ponhib Act No, 26 0f 1960, section2.. aces

(RAM PANCHAYAT iZ7

. Pb. 1953 . : ; GRAM PANCHAYAT ACT, 1952. iTHE PUN GAD Act No. IV oF 1953 ont of the President on the 19th March

a t published in the Punjab Govers- ass

ras firs

1953 6 crete ( Extraordinary) of the 26th Marca.

. pesos, x02 Pape Omess be Seat Co © hy 2 toe REG OF the Se ; ja the Asscosbiz. se Pumee

- for ° 25

Gazette, Part V, 1952, paz 4 oo IL, pages (BE or " (42411458. Legalative x

pages (LI, SDI 1

67114, €^Mois

i, ASE

(1Sf16—U 595. |

Gaze

on ant Reasons, se Pasias GORE i, see Paae

*For Statement Of OW esl 7 for proceedings :

odinary), 1953,

Legislative

y 1983, Volume IL, pase (

- —e 5 gad Rezo, HE Pasjas *For statement Of bpal orGinasy), 1954, page ¢ punjas GOVE pa Gat

e (oz

soy gia Reaves, Sf in the Assembly. ' giement Ove ™ For Staremnens Ot ii. 2a Ue DIORA 4 S46 ordinary), 1954, Sative Assembly Pebates, Vos ume

1, 1954, pases f

' Pu

sjas Gor

For Statement of Obp=t!

gad Keats,

diaaryy, 956, pages S42-43,

. uaa s ) For Stasernent of Otgyets 20d Reavrr | 4 <1

(ech, iy pow hh ineranens i J Kraven, 6 P. ae into force tjon MO

12th August, 190) —vide - dated Hii 1th August, 190. Government Gazette (Es

"For Statement of Ovjrs and hzavons, 106 F (Ex dinary), 1962, page 1S%4- mons Gaetse ge Punjab Gow?

ea et Statement of ODpxAs and Reason (Ee ndinaryy, 1963, page M4. jab Gowerarnent st For Statement of Objects and Reasons, 106 FM (exe

Ordinary), 1964, page 741, preramens GRD

yas, $68 Punjab G

"Hor Statement of Objects and heat'

"dlaary), 1954 pages 915—37. © Scanned with OKEN Scanner

128 GRAM PANCHAYAT [1953 ; pp, ' Act py AN ACT TO PROVIDE FOR BETTER | TRATION IN THE RURAL AREAS OPINIS- BY PANCHAYAT NJAB It is hereby enacted as follows :—

CHAPTER I

PRELIMINARY

sas 1, (1) This Act may be called ¢ pil and Panchayat Act, 1952, : a Punjab Gram 4 4 " | 3[(2) It extends to the States of Punjab a and the Union Territory of Chandigarh ind areay agate erstwhile State of Punjab transferred to the Union territ ° of Himachal Pradesh under the Punjab Reorganisatic a Act, 1966 (Act 31 of 1966)]. on

(3) It shall come into force at once.

2. The Punjab Village Panchayat Act j hereby repealed. But notwithstanding rich repeal, ent thing done or any aciton taken in exercise of powers con- ferred by the repealed Act shall be deemed to have been done or taken under this Act to the extent that it is not inconsistent with the provisions of this Act :

Repeal and saving.

Also see sections 21 to 25 ibid, reproduced below :—

Transitional __ 21. Nothing in this Act shall affect the continuance of the Panchayats under the provision. principal Act which are in existence immediately before the commencement of this Act, or the exercise by them of the powers and functions under the principal Act as amended by this Act, till such time as the Sabha areas are demarcated, Sabhas therein are established and constituted and Gram Panchayats are elected in accordance with the provisions of this Act, and the aforesaid Panchayats shall continue so to exist as if this Act had not been passed and to exercise the powers and functions accordingly. Fail { concilia- 22. After the commencement of this Act no proceedings of a Gram Panchayat (once not Shall be rendered invalid for want of a certificate of failure of conciliation proceeding.

to affect the pro-

ceedings of Gram

Panchayat or ' i canchayat, of . 23. Inthe principal Act as amended by this Act, any reference to a law which

references. is not in force in territories which, immediately before the 1st November, 1956, Were

comprised in the State of Patiala and East Punjab States Union shall, in relation to

such territories, be construed as a reference to the corresponding law, if any, in force

in such territories.

Repeal and Saving, 24. (1) The Pepsu Panchayat Raj Act, 2008-Bk., is hereby repealed ;

Provided that the repeal shall not effect—

(a) the previous operation of the Act so repealed or anything duly done oF suffered thereunder, or

Substituted by the Punjab Zila Parishads, Panchayat Samitis and Gram Sabhas (Reconstitution and Re-organisation) Order, 1969. © Scanned with OKEN Scanner

1953 : Pb Act TV] GRAM PANCHAYAT 129 Provided that the Panches in an oxisting panchayat shall not be affected by the provisions of section 5 of this Act.

3. Inthis Act, unless the context otherwise requires — Definitions.

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

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

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

(b) any right, privilege, obligation or liability acquired) accrued or incurred under the Act so repealed, or

committed against the Act so repealed, or

(d) any investigation, legal proceedings or remedy in res pect of any such right

privilege, obligation, liability, penalty, forfeiture or pu nishment as

aforesaid :

and any such investigation, legal proceeding or remedy may be instituted, continued

or enforced, and any such penalty, forfeiture or punishment may be imposed as if

this Act had not been passed.

(2) Subject to the provisions of the proviso to sub-section (1) a nything done or

apy action taken (including any appointment or delegation made, notification, order,

ins truction or direction issued, rule, regulation, bye-law or form framed), under the

Act repealed by sub-section (1) shall, in so far as it Is not inconsist ent therewith be

deemed to have been done or taken under the correspon d ing provision of the princi-

pal Act as amended by this Act and shall continue t o be in force accordingly, unless

and until superseded by anything done or any action taken under the principal Act as

SO amended :

Provided that Panchayati Adalats, Class I and Panchayati Adalat s, Class IJ, shall

cease to function on the date of commencement of this Act.

25. If any difficulty arises in giving effect to the provisions of th e principal 4 Power to remove

Act as amended by this Act, the State Government may, by order notify in the Official difficulti es.

Gazette. make such provisions or give such directions as appear to it to be ne cessary

gr expedient for the removal of the difficulty.

ema

130 GRAM PANCHAYAT

[1953 : Ph. Act ty

2) "Director" means the Director of P ane

. appointed under this Act ;

hayats

x T(t) wok

Ok O% *] ;

(g) "Gram Panchayat" means the Panch ayat consti

a tuted under *[Sec

tion 5 of] this Act ;

"Government" means the State Governments of Punjab and Haryana and the A dministrators

of the Union territories of Himac hal Pradesh

and Chandigarh in relation to the areas falling

with in their territorial l imits as specified in

Part II of the Punjab Reorgan isation Act, 1966.

(Act 31 of 1966).]

[(h)

, (i) ""Panch" means a m ember of Gram Panchayat, se 6*) O® 6 © J or a

n Adallti Panchayat

elected or appointed un der this Act and in-

cludes a Sarpanch ;

_ Gi) A Panchayat

means a Gram Pancha

yat and

/ includes an Adalti

Panchayat J.

s a Panchayat

7[(iii) "Panchayat Samiti'?

means @

7 Samiti constitut ed under the Punjab Pancieyt

Samitis and Zila P arisha S

and having jurisdiction over the Sabha area.]

(j) "prescribed" m eans prescribed by rules made under this Act ; building a

(k) "public place" means any place, DU"

. ° ° g tion

/ structure situated with in the jurists ic bas Gram Panchayat aroa t o W

free access ; e

section 3(1)-

) Act, 19

53 (Punia

b Act No-

tClause (f) omitted by Punjab A ct No. 26 of 1960,

'Inserted by the Punjab Gra m Panchayat (Amendment XLI of 1953), section 2 (7). SSubstituted by the Punjab Zila p rishad

Sabhas (Reconstitutio? and Reorganisa tion) Or

amilis

and Gr

5, panchayat S

der, 1969.

'The word "Thana" omit

ted by Punjab Act XXX

of 1954. 'op 13

njab Act

No. 76 of

1909 sec

tion

'The words "Panchayat Union" omitted by Pu 'Inserted by Punjab Act No. 19 of 1963. | aA

1953 : Pb. Pb. Act IV] GRAM PANCHAYAT 13)

(1) 'public servant" s means a public ser

m ery 21 of the indian Penal Code, 1 aa

XLV

all include a panch and a sar pach . 60, _

(m) 'public street" means ) a pathwa bre Jane, square, court, alley Af eateus tn - eee which the public has a right to use ee 5 udes the drains or gutters on either |

* : the land upto the defined boundary of y a putting property, notwithstanding an projection over such land of any veraida or other super-siructure ;

11 (mm) 'Sabha' means a Gr am Sabha established |

under section 5 ;

(mmm) 'Sabha area' means an area declared to be a Sabha area under section 4 ;

]

f(D) "Schedule" means t he Schedule appen ct ;

(o) "sub-committee"

means 4 sub-committ ee

appointed under section 33 of this Act ; 2[(00) "Syb-Divisional Officer" means the Off icer-

in-charge of 4 Su b-Division of 4

District

constituted for revenu e and general pur poses ;]

"tax" includes a ce ss, duty, fee, rate, toll or

other impost leviable under this Act

;

(g) ''village'' means any local area

, recorded as a yf revenue estate in the revenue r ecords of the

district in which itis situated ;

(r) "watercours e" means

any channel w hich 1

a maintain

of the irrigators and 1

cupplied with water from any canal to whic i al and

Drainage Vl"

of 1873:

he Northern eb a ne nals. A ct

the Punja

inor Cana

Act, 1879, 0 for the time being ] I1l of 1908 zt 3 ther Act 1905, *[or any , all subsid iary works

t the sluice

cted with such ¢ conne hich wat er 1s supplied to

ded to this

such chann¢

gaa aor ton mm); inserted by Punjab Act, 26 of 1960, sec tion 3 (2)

NeW ae (mm) and (nt 1

954

ed by Punjab Ac ;

ies

; ;

t Samities and Gram sInserted by" the Punjab Zila Parisha ds, panchaya

sabhas Insertstitut ion and Reorg

anisation Order, 1969, schedule secon

132 GRAM PANCHAYAT [1953 : Ph. Act ry

(s) the expressions '"'offence'', 'non-bailable offence, "cognizable offence', 'complaint', "officer. in-charge of a police station", and "nolice

station" have the same meaning as in section 4

V of 1898. of the Code of Criminal Procedure, 1898 ;

(t) the expressions "decree", — "'decree-holder" ' "judgment debtor', "legal representative" and "movable property" have the same meaning of IB. as in section 2 of the Code of Civil Procedure, 1908 ;

f (u) the expressions "landowner", "tenant",

"rent" and "land revenue'' have the same meaning as in the Punjab Land Revenue Act, XVI of 1887. 1887, [or any other Act for the time being in- force].

2 Inserted by the Punjab Zila Parishads P anchayat Samities and Gram Sabhas Reconstitution and Reorganization Order, 1969, Schedule second. Me,

1953: Pb. Act IV] GRAM PANCHAYAT 133 {CHAPTER II]

SABHA AREAS AND ESTABLISMENT AN D CONSTT-

TUTION OF GRAM SABHAS AND GRAM

PANCHAYATS

4. (J) Government may, by notification, declare any Demarcation of village or group of contiguous villages with a population °°" *"* of not less than five hundred to constitute one or more Sabha areas :

Provided that neither the whole nor any part of—

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

(6) a Cantonment; or

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

Provided further that the Government may, in any particular case, relax the limit of five hundred.

(2) Government may, by' notification, include any area 1n or exclude any area from the Sabha area. / (3) Ifthe whole of the Sabha area is included in a municipality, Cantonment, or Notified Area under section 241 of the Punjab Municipal Act, 1911, *[or any other Act for the time being in force] the Sabha shall cease to exist and Its assets and liabilities shall be disposed of in the man- ner prescribed.

'The whole Chapter II substituted by Punjab Act No. 26 of 1960, section 4.

"Inserted by the Punjab Zila Prishads, Panchayat Samitis and Gram Sabhas (Reconstitution and Re-organisation) Order, 1969, Second Schedule. © Scanned with OKEN Scanner

134 GRAM PANCHAYAT [1953 ;: Ph, Act Ty Establishment 5. (1) Government may, by notification, establish, aE eatin Gram Sabha by name tn every Sabha area. |

(2) Every Gram Sabha shall, by the name Notified under sub-section (1), be a body corporate having Perpe (ual succession and a common seal, and, subject to any restriction by or under this Act or any other law, shail have power to acquire, hold, administer and transfer property, movable or immovable, and to enter into con- tracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted. 1](3) Every person who, for the time being, is entered as a voter on the electoral roll of the Punjab Legislative Assem. bly, the Haryana Legislative Assembly, the Himacha| Pradesh Legislative Assembly and the Parliamentary constituency of the Union Territory of Chandigarh for the time being in force, and pertaining to the Sabha area, as the case may be, shall be a member of the Sabha of that Sabha area.] eet

Gomttestion of 6. (1) Every Sabha shall, in the prescribed manner, err disduslifica, elect from amongst its members a Chairman of the Sabha tions to be membets and an executive committee consisting of such number of thereof. persons not being less than five or more than nine including the Sarpanch of the Executive Committee as the Govern- ment may determine taking into account the population of the Sabha area :

Provided that ifno woman is elected as a Panch of any Sabha, the woman candidate securing the high

est numbet

of votes amongst the women candidates in that pioaticn ma ~ _beco-opted by the Panchayat as a Panch of that Sab a0

where no such woman candidate is available the Rt of authority shall co-opt as such Panch a woman nem

the Sabha who is qualified to be elected as a Pancn. arnanch of

(2) The Chairman shall also be called the S ay pata

the Executive Committee which shall be atyl es eee.

Panchayat the members thereof to be ca lled Fé

the

a Pan 4 (3) Every woman co-opted as a Té proviso to sub-section (1) shall have the right ¢ meeting of the Gram Panchayat. _.§_= ---_——_.,

ttic nd Gra

4Substituted by the Punjab Zila Parishads, Panchay at Samutis 4

'Reconstitution and Reorganisation) Orde r, 1969.

_—_— 1943: Pb, Act 1V] GRAM PANCHAYAT 135

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

Provided that for the period expiring on 26th January, 1970—

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

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

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

(d) in case the requisite number given in sub-clauses

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

Provided further that the expiry of the period refer red

to above shall not affect the Constitution of a Gram Pan- chayat existing at the time :

Provided further that if Government is of the opinion that the basis of population adopted for the purposes of determi ing the representation of members belonging to Scheduled Castes for any particular Gram Panchayat 1s incorrect, with the result that the requisite number of panches belonging to such castes is not elected, the Govern- ment may nominate the required number of duly qualified © Scanned with OKEN Scanner

136 GRAM PANCHAYAT [1953: Pp. Act 1y, rson or persons of such castes as additional Panches on such nomination being made the number of anche determined under sub-section (/) shall be deeme to have been increased by the number of panches so Nominateg The number of the Panches so increased and their term of office shall cease to have any effect after the next lection of the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determineq afresh under sub-section (/). |

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

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

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

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

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

(e) has been ordered to give security for good be- A haviour under section 110 of the Code of Crimi- nal Procedure, 1898 ; or

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

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

1953: Pb. Act IV] GRAM PANCHAYAT 137 Joes .

(h) 1s registered as habitual offend x Habitual Offenders (Controland Reform eae i : : onee Hecet lorany other Act for the time being in

(7) is an undischarged insolvent ; or _/ (j) has not paid the arrears of the tax imposed by th of Gram Panchayat ?[or the Panchayat Samiti]; r (kK) is an employee of Sabha or Gram Panchayat ; of

'{(kk) is a member of either House of Parliament or

of the Legislature of the Punjab State ; or]

(7) is a tenant or lessee holding a tenancy or lease under the Gram Sabha or is in arrears of rent of any lease or tenancy held under the Gram Sabha, or is a contractor of the Gram Sabha ; shall be entitled to stand for election as, or continue to be a Sarpanch or Panch :

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

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

7. (!)AGram Panchayat shall exercise powers as aN Powers a nd juris-

. ss ae as diction of Gram ordinary Panchayat, and shall have jurisdiction over 444 adalti Pan- matters Jaid down in Schedule I-A. chayats.

a : } ities ¢ bhas 'Inserted by the Punjab Zila Prishads, Panchayat Samities and Gram Sa ( Reconstitution and Reorganisation) Order, 1969, Second Schedule *Added by Act No. 19 of 1963.

*Clause (kk) inserted by ibid,

*Added by ibid,

138 GRAM PANCHAYAT [1953 - Pb. tt. jy (2) [he Government shall have powers to conte any Gram Panchayat or elected representatives me : Upon of Gram Panchayats, enhanced Powers. Such Pane Broup or representatives shall have Jurisdiction Over matte aYats down in Schedule I-B. TS Jaig

(3) When enhanced powers are to be Conferreg representatives of a group of Panchayats, the Panches of the Panchayats concerned, shall elect five Adaltj Panches from amongst themselves by direct Voting, the f ha ive P securing the highest number of votes being deemeg ton been elected and such Panchcs Shall elect an Adalti Sarpach from amongst themselves in the manner Prescribed. (4) The Adalti Panches elected as aforesaid Shall exercise the enhanced powers referred to in sub-section (2) and shall have jurisdiction over the combined Sabha areas of the Panchayats Concerned, and when a Cting as such Shall together be known as an Adalti Panchayat. (5) No proceedin g of a Gram Panchayat or an Adalti anchayat shall be invalid for the mere fact of there being a vacancy amongst its members.

18. * # * kx x x x *] Gathandtermof = g_ (7) Before entering upon the duties of their office i "on the Sarpanch and Panches shall take an oath in the foun specified in Schedule IV.

(2) The Sarpanch and Panches shall hold office for 4 Period of three years - : it- "[Provided that, after the first general election of ow : man and members ot executive committees ot the si an and co-option of members of such committees, tion 95-4: made or deemed to be held and made under er a perio the Sarpanches and Panches shall hold office fo of five years. ] unless | : all, { Fovided *[further) that an outgoing Panch shell 1 pis the Government otherwise directs, con th Office, until his successor has taken the oath : th al of tH Provided further that subject to the ap pred from Br Director, the Sar anch or a Panch may be er the me eh office by a two-thirds majority of the votes ting held of the Sabha at its extraordinary general mee the previous permission of the i ae *Omitted by Punjab Act No. 26 of 1962.

Tncertad hu Diawlnth as

1953 : Pb. Act IV] GRAM PANCHAYAT 139 (10. Whenever a vacancy o

ccurs by t!

tion or removal of a Pan

ch, or a Sarit cl death

, resigna- Filling of casual or Sarpanch, as

the case may se

"hal be or _ new Panch vacancies, manner as may be prescr ibed, and the ors ecled in such

shall hold office for the unexpire d sotto of Ao ee

which the person in wh

ose place he aaa of the

term for

have otherwise continued in off ice. As' clectoum would

11. If for any reason a Sar panch or

of Panches are not tect ed, OF a nora vacane main' OF eee at default. filled within the time prescribed the p rescribed thority

may appoint the necessary

number of duly qualified er sons

as a Sarpanch or Panch, as the case may be, and any such

Il hold office for the unexpire d. porcion of the

person sha

term for which the person in whose place he was appoi 5

oin-

ted would have otherwise co ntinued in office. FP

1712. (/)Every Sabha shall h old two general meetings in Meeting and quo-

each year, one after the

harvesting of Sawani

crop (herein- rum of Sabha. after called the Sawani

meeting) and the other

after the

inafter called the Hari

harvesting of the Hari

crop (here

meeting) on such dates

as may be fixed by the P

anchayat

Samiti.]

13. The Sabha shal l at its Sawani me eting consider Budeet of Sabha.

by the Gram Panch ayat and at its the budget prepared Hari meeting cons ider the reports o f the working of th e,

or the

Gram Panchayat a nd draw out devel opment plan

Sabha area.]

2» CHAPTER [I-A] Disputes Regar

ding Elections

nless the con

text otherwis

e Definition.

13-A. In this C hapter, U

requires,—

inted in writing a sp a an! 0

(a) "agent" means any per o be his agent

by a candidate at an e lect! ith the written for the purpos

consent of s

uch person

» |

——

d by Punjab Act

No.

Substitute

y Punjab Act No. 26 sCinapter I-A i

nserted b

140 GRAM PANCHAYAT [1953 . Pb. Ac

(b) "candidate" means a person Who has been claims to have been duly nominated ag a Candi date at an election, and any such Person s1 be deemed to have been a candidate as froy the time when, with the election in pros mn he began to hold himself out as 4 Prospective candidate ;

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

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

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

(g) "pleader" means any and plead for anoth includes an Advocate.

Election peti-

tions, 13- B. No arpanch or Panch shall be called in question except by an : . person entitled to appear

er in a Civil Court and

Presentation of Petitions. . 13-C. (7) Any member of { b n furnish' Ing the prescribed security in he Sabha may, o the prescribed manner.—

(2) where an election was held after the 12th August, 0 and before 60 and the 27th September, 1962, within thirty days of the latter ate; or

(b) where an election is held after the 27th Septem: are 1962, wit in thirty days of the" date © "mouncement of the resulj thereof ;¥ Present on one or more . . +» sub- i . of the grounds specified in S section 'paigy ceetion 130 to the prescribed authority 48 Person as a Sarpanch or Pee, gous the election 0 © Scanned with OKEN Scanner

_— 1953 : Pb. Act 1V] GRAM PANCHAWAT 141

(2) The election petition shall b

been presented to t

he prescribed authori

to have

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

(i) by the person making the petition ; or

(ii) by a person authorised in writing i benalf by the person making the petition

b) when it is sent by registere d post and is deli

to the prescribed wuthority"

nd is delivered

(3) An election petition pending before th i

authority immediately before the ath Sept enber. 1962

shall be decided and disposed of by the prescribed au-

thority 1n accordance with the provisions of this Chapter

after affording to the person who present ed the election

petition an opportunity to amend t

he petition.

Contents of

13-D. (J) An election petition—

ie}

Peqwpon.

(a) shall contain concise statement of th e material

facts on which the petitioner relies ;

(b) shall set forth full particulars of any corrupt

practice that the petitioner alleg es, including

as full a statement as possible of the names of

the parties alleged to have co mmitted such

corrupt practice and the date a nd place of the

commission of each such pr actice ; an

"4 down in the Code of C ivil

in the manner lal of Ci

Procedure, 1908 (5 of 1 908), for the verification of pleadings ;

Provided that where the p etitioner alleges any corr upt

practice, the petition shal l also be accompanied by an

affidavit in the prescribed form 1n support of the allegation

of such corrupt practice and the particulars thereo f.

(2) Any schedule or annexure

be signed by the petitioner and veri

as the petition.

e to the petition shall also

fied in the same m

anner

—

142 GRAM PANCHAYAT [1953 : Ph. Act ty peneflate th 13-E. If the prescribed security is n receiving ek the prescribed manner or the petition is tion petitions. ot furnisheg :

: : : : not within the period specified in section 13-C, the _P'¢Sented

authority shall dismiss the petition ; Prescribeg

Provided that the petition shall not be dismij , out giving the petitioner an Opportunity of being Witt

"Cossamiusioant 9 13-F. The Deputy Commissioner of t withdraw and Concerned may, at any stage after notic nsf pions. for reasons to be recorded, Withdraw any elections, am pending before a prescribed authority and transfer i for trial to another prescribed authority within his district; and upon such transfer, that prescribed auth ority shall nae with the trial from the Stage at which it wae oak. awn:

he distrig,

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

Procedure before 13-G. (1) Subject to the Provisions of this Act and = prescribed of any rules. made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908), to the trial of suits - _ Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if itis of the opinion

that their evidence is not material for the decision of the

petition or that the party lendering such witness or wil-

nesses is doing so on frivolous grounds or with a view (0

delay the proceedings.

; » (2) The provisions of the Indian Evidence Act, re

(I of 1872), shall, subject to the provisions of pant

be deemed to apply in all respects to the trial of an ele

petition.

. . at fore Appearance be- 13-H. Any appearance, application or, acl by the fole presctibed {he prescribed authority may be made or au act on aEEOR EN party in person or by a pleader duly appointed to a his behalf :

1953 : Pb. Act IV] GRAM PANCHAYAT 143 Provided that it shall be open to the prescribed au- thority to direct any party to appear in person whenever the prescribed authority considers it necessary 13-I. be gee ts authority shall have the powers Powers of the which are vested in a Court under the Code of Civil Pro- ptetetibed cedure, 1908 (S of 1908), when trying a suit j au thofity.

the following matters :— ying a suit

in respect of

(a) discovery and inspections ;

(6) enforcing the attendance of witnesses and re- quiring the deposit of their expenses ;

(d) examining witnesses on oath :

(e) granting adjournments ;

(f) reception of evidence taken on affidavit ; and

(g) issuing commissions for the examination of witnesses ;

and may summon and examine suo moto any person whose evidence appears to it to be material ; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898(5 of 1898). Explanation.—For the purpose of enforcing the at- tendance of witnesses, the local limits of the jurisdiction of the prescribed authority shall be the limits of the {Union Teritory of Chandigarh.]

13-J. Notwithstanding anything in any enactment Docimenary to the contrary, no documents shall be inadmissible in '""*"™*

evidence at the trial of an election petition on the groun d

that it is not duly stamped or registered.

. he requir Secrecy of voting 13-K. No witness or other person shall be required Secrecy of voun to state for whom he has voted at an election. fringed. Substituted for the words ''State of Punjab'' by the Punjab Z ila Parishads,

Panchayat Samitis and Gram Sabhas (Reconstitut ion and Reorganisation) Order,

1969,

144 GRAM PANCHAYAT [1953 : Ph. Act ly ing of ctie 13-L. (/) No witness shall be excused from answer. Aniering que ing any question to any matter relevant to a Matter jp tions andcfert- issue in the trial of an election petition upon the ground nity. that the answer to such question may criminate of ma

tend to criminate him, or that it may expose or ma y tend

to expose him to any penalty or forfeiture ;

Provided that—

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

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

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian: Penal Code (45 of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law. E ; wim | 13-M. The reasonable expenses incurred by any Person in attending to give evidence may be allowed by the Prescribed authority to such person, and shall, unless the Prescribed authority otherwise directs, be deemed to be part of the costs,

Meclsion of the 13-N. (J) Where an electio: iti been . enewe n pet tion has not de yee autho dismissed under section 13-E, the prescribed authority

shall inquire into the election petition and at the conclu

Sion of the inquiry shall make an order

(a) dismissing the election petition ; or

(6) setting aside the election. © Scanned with OKEN Scanner

1953 :Pb. Act Ty]

(2) At the time of m (/) the prescribed autho

GRAM PANCHAYAT 145

aking an order under sub-section rity shall also make an order—

(a) where any charge is made in the petition of any corrupt practice having been comm} ; election, recording mitted at the

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

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

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

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

(ii) of clause (a) unless—

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

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

_ 13-0. (J) If the prescribed authority is of the Grounds for - setting aside Opinion— elections.

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

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

146 GRAM PANCHAYAT [1953 : Pb. Ag ly

the result of the election in go far as :

" Sones the elected person, has been m It aterially affected—

(i) by the improper acceptance of any Nomination, or

(ii) by the improper reception, refusal or of any vote or the reception of Tejection

which is void : or | any vote

(it) by any non-compliance with t

of this Act or of any rule this Act ;

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

S made under

(2) When an election has ;

been set aside under sub- Section (1), a fresh election shall be held. Adetemen t en 13-P. An election petition shall abate only on the tions. death of a sole petitioner or of the Survivor of several petitioners. merece out th 13-Q. (1) Costs including pleaders' fees shall be in of any "He discretion of the Prescribed authority. on ~ such Posits,

de bee Or so far as possible, ou or ie Fonti ade by Such part under this Chapter on an 'pplication made in writing in that behalf within 4 Deputy Com: Year "a the date of such order to on 5 : l Costs have been awarde4., © person in whose favot

(3) If there j : sit under this C pter sctlance left of the security depo 'on (J) . Payment under sub-section ( Or where "Tred to in that sub-section, such balan® ded or no applicator ne the said period vn ' Id Security deposit may, uty OMMissioner by chat behalf in writing to the DeP ° as Person by whom the security } © Scanned with OKEN Scanner

1953 : Pb. Act IV] GRAM PANCHAYAT 147 been deposited or if suc

h per

person dies aft '

deposit, e fe legal repres entative ot aa making such returned tO e said p erson or to his | suc h person, be

as the case may be. s legal representative, 13-R. Any order a

st |

this Chapter may be roduced before {

the provisions of Execut ion

court within the

local limits of wh e the principal ci vil _ °

erson directed by su ch order to cay ay auto a any

has a place of residence or business and such co t sha il

execute the order or cause the same to be executed i a

same mannet and by the same procedure a s if it es ;

decree for the payment o f money made by itself in a suit :

Provided that where any such costs or

any portion

thereof may be recove red by an application made under

sub-section (2) of se ction 13-Q, no appli cation shall lie

under this section within a period of one year from the

date of such order u nless it is for the re covery of the balance of any costs which has been left unreal ised after an apP

cation has been m

ade under that

sub-section owing

to in-

sufficiency of the amount of the s

ecurity deposit re ferred

to in that sub-sect ion. Restoration tO certain

13-S. (J) Subj

ect to the ee

of an eee

petition So o

-section (1) °

section 13-C,

4 person, pers

ons whose

made

Sosa a

or Panch h

eld after the

12th election was

set

ber, 1962, was

;

e the 27th Sep

tem

ch commence

set aside by the pre scribee a

ment, shall be

deemed to be

duly

or Panch, as the

case may 0e,;

office of such S

arpanch oF Panc

er sub-section : . n

(2) On the restoration 2 a pethe vacancy cau e

(1), any other p erson © ected

ving

result of the e

lection of suc

h pe san

shall cease to b e 4 Sarpanch o F S80 i

upt

ified in sec tion 13-U

Calling disqua lifi-

Gram catio

4g 1

) e

13-T. The cor rupt practices SP ship

lification for member som

the date

to such

shall entail disqua} ars COU

Panchayat for a period © five yea rned authority as

on which the f inding of the

prescr

practice has been given -

ror reas to - or reasons ment mays or reduc e the

Provided that the Govern

be recorded,

remove the

disqualilie

period thereof

practices.

148 GRAM PANCHAYAT

Ct 7] Corrupt practices. 13-U. The following shall be deemed to b V practices for the purposes of this Chapter -_ °° Corry,

(1) Bribery, that is to Say,—

(A) any gift, offer or promise by cang; agentor by any other person with ate OF hig of'a candidate or his agent of any gratinc rentto any person whomsoever Cation, : Ace » Wit . directly or Indirectly of inducing" Object,

Or aS a reward to—

(?) a person for having so stood Or not stood, or for having withdrawn his Candidature ; or 9

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

(B) the receipt of, o Teceij T agreement to receive any gratification, whet her as a motive or a.reward—

(a) bya Person for standing or not standing as, or for withdrawing from bein g, a candidates; or

(5) by any person whomsoever for himself or any other person for Voting or refraining from Voting, or inducing or attempting to Induce any member of the Sabha to vote oF refrain from Voting, or any candidate t0 withdraw his candidature. MESHE Pa #xplanation,—F or the purposes of this clause, the te"™ gratification" is not restricted to pecuniat) gratification or gratifications _ estimable Fore money and it includes all forms of On ot fainment and all forms of employment nt "ward but it does not include the payme © Scanned with OKEN Scanner

1953: Pb. Act IV] GRAM PANCHAYAT 149 of any expenses bona fide ; nse a f de incurred at for the purpose of, any election. -

(2) Undue influence, that is to é i Indirect interference or attempt to "iter on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise of any electoral right :

Provided that—

(a) without prejudice to the generality of the provisions of this clause, any such person as 1s referred to therein who—

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

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

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

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

(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of,

or appeal to, religious symbols or the use of,

150

Provided that t GRAM PANCHAYAT [1953 : Ph. Act ty yeal to, national symbols, such ag the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate,

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

a candidate or his «gent, for the conveyance of any member of th | 7 date himseif e Sabha (other than the candi > the members is fami is agent) to or Ts of his fa mily or h from an olling stati ided or

4 place fixeg for the' poll wal PECYAe

he hiring of a vehicle by a member ofthe Sabha or by several members at their Joint Costs for the Purpose of conveying him Or them to and from any such Polling station Or place fixeq for the ] deemed to be practice unde (ee

1953 : Pb. Act IV] GRAM PANCHAYAT 151 the use of an i y public ans any membe at his own cost for the ptitpoes off cine to or coming from any such_polli j place fixed for the poll shall not be deemed

to be a corrupt practice under this clause

Provided further that

transpori vehicle by

Explanation,—In this clause, the expression "vehicle"

means any vehicle used or

'capable ie

used for the purpose of road transport wetter

propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other pzrson with the consent of a candidate or his agent, any assis- tance (other than the giving of vote) for the furtherance of the prosp2cts of that candidate's election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority.

CHAPTER III

GRAM PANCHAYATS—CONDUCT

OF BUSINESS, DUTIES,

FUNCTIONS AND POWE

14. (1) The meeting of the public and shall be held at least once a month at some

place within the Gram P anchayat area for which it is

established, whenever called by the Sarp anch:

Provided that the Sar

panch, when required

in writing

by a majority of t

he Panches to call

a meeting, na a

so within three days, failing w hich these ae nes tity,

with the previous app

rova of the prescr

ibe . sory:

be entitled to call a

meeting after giving

a wee

(her Panches.

to the Sarpanch and the 0 Quorum. form a quorum.

(2) Three Panches shall fo a aor baby majority 3 isions of the Panchaya 0 and When aie votng. 18 equal, the Chairman shall have

an additional or casting vote Gram Panchayat shall

be Mectnss:

Maintenance of Panchayat records, etc., and libility to hand them over.

152 GRAM PANCHAYAT [1953 : Ph, Act ly < 1115. (J) The Sarpanch and, in his absence, the p,; elected by the Panchayat for the purpose shall be anch ponsible for the maintenance of all prescribed record Tes.

registers and other property belonging to or Vesta and

the Sabha or the Panchayat and, on the vacation = In

office, the outgoing Sarpanch or Panch shall hand. his

over to the Sarpanch or to such other Panch te them

authorised in this behalf by the Deputy Commissione,.

(2) If on a requisition made in thi Executive Officer of the Panchayat Samignat by the | within a period of ten days of such requisition fails une" sub-section (7) to hand over the prescribed rerorde Tegisters and other Property belonging to or vested. in Teferred to in that sub-section, th a » t e Executive Offic of ghayat aa Shall apply to *[an Executive Magistrar® 1€ First Class within whose Jurisdiction the Sabhi ara 1s situated for securing f. si TO Tegisters and other property. m such person such records,

(3) On receiving an applicat; 2), t pplication under sub-sect; ( Foe" Magistrate may by a warrant authorise =e Search an lac: the rank of a Sub-Inspector to enter and other property are keorepouet Fecords and: registers. and seize the P ry ave kept or are believed to be kept and to Seized shall] be hands overt the sae ac bby $0 authori Ne sarpanc : Orised by the Deputy Commissioner, m: tHtesse may

4 .

handing One ets wilfully evades under this section the other proper y bel © Prescribed records and registers or Panchayat shall "onging to or vested in the Sabha or the of the Firs; Class. b conviction bya Judicial Magistrate] May extend to siy ~ Punishable with imprisonment which withstanding anything 1 OF With fine, or with both my Act, » anything to the contrary contained in this

(5) The rJudic; Not take comin' ~ jMagistr ate] of the First Class shall on a Complaint m d "2 offence under this section save h vt ade by the Executive Officer of the Pan- writing In this behalf by the Government ] 1Substit j

g stituted by Punjab Act No. 11 of 1964

*Substituted f *Substituned .oe the words Sq fees

mMted for the word "Magistrate" by Pig ttdab Act No. 25 of 1964 ) ( . ~ a .

rr 1953 : pb. Act IV] GRAM

PANCHAYAT 153

1116. () LE ee . Secretar y fora Gram Panchayat Appointment of or a group © ram Panchayats who shall be appointed b | Secr etary.

the panchayat Samili in

the manner prescribed

: y

provided that any person

appointed as a §

of any Gram Panchayat

or a group of Gram

Prt svate

pefore the commencement of the Punjab Gra m Panchayats

Amendment) Act, 1963, shall be de

emed to have been

appointed by the Panchayat

Samiti.

2) Subject to such rules as may be made in this behalf, the Panchayat Samiti may, for making payment of

the remuneration, leave salary an d allowances to the

Secretary SO appointed or deemed to have been appointed,

levy contributions from the Sabha Funds concerned in

such proportion as may be fi

xed by it.

(3) Subject to such rules as may be m ade in this behalf

a Panchayat Samiti may, either suo motu oron receiving

a report from the Gram Pa

nchayat, transfer, suspend, dismiss or otherwise punish a Secretary of a Gram Pan-

chayat or a group of Panchayats.

(4) It shall be the cuiy of the Secretary, under the

seneral supervision of the Sar panch, to assist the Gram Panchayat or Gram Panchayats , as the case may be, in the discharge of its or their funct ions under this Act or under any other law for the time being in force.

17, (1) Subject to such rules as may be made in this Empl oyment of

behalf and with the previ ous approval of the Panch ayat

Samiti, a Gram Panchayat may employ such other servants as are considered necess ary for carring out

the duties

imposed on it by this Act and may suspend, dismiss of

otherwise punish such servants.

(2) A Gram Panchay at shall pay the remuneration

to such servants out of the S abha Fund.

18. A Gram Panchayat may, in accordance wi th Provident und Tules made under this Act —

al psetvanls.

(a) establish and ma intain a provident fund on beha

of its servants ; an ;

(b) grant a gratuity t o any servant subject to the

___ previous app roval of the Directo r.

1 : Substituted by Punjab Act No. 19 of 1963. © Scanned with OKEN Scanner

Administrative duties.

os'

154 GRAM PANCHAYAT [1953 : Pb. Act Iv

19. (/) Subject to such rules as ma . it shall be the duty of the Gram Panctifar Prescribed limits of the funds at its disposal, to make Aten the for carrying out the requirements of { he Sabha ments in respect of the following matters includ; area] sidiary works and _ buildings connected

(a) any public place including ; 'tat? drains ; 'n§ IS sanitation and

(5) wells, water-pumps, baolies, Spring, ponds and tanks for the supply of es washing and bathing: water for drinking,

(d) the lighting of public places_;

(e) building for the accommodation of travellers ;

(f) pounds for animals ; 2

(g) the relief of the poor ;

(t) public health and sanitation_;

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

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

(K) public gardens, playgrounds, establishment and 'Maintenance of recreation parks, organization of games and sports, supply of sports materials and holding of tournaments : >

(/) libraries and reading rooms ;

(m) the voluntary registration of the sales of cattle, Camels, and horses : 3

(1) the development of agriculture and_villagé industries, and the destruction of weeds an pests ;

Substituted by Punjab Act No. 26 of 1960, section 5(a). © Scanned with OKEN Scanner

° Cc V r

1953 : pb. Act IV] GRAM PANCHAYAT 155 (0 starting and maintaining a grain fund for the cultivators and lending them seed for sowing purposes on such conditions as the Gram Panchayat may approve ;

(p) the construction, repair and mainten ance of

public places and buildings of public utility ; ) allotment of places for prepara tion and conser-

vation of manure ;

(r) construction and maintenance of culverts and

bridges ;7[ * * ]

(s) the laying out of new road s and pathways and

maintenance of existing on es ,

[°(¢) framing and carrying out schemes for the im- roved methods of cultivati on and management

of land to increase produc tion ; ]

(3(u) supply of water for d omestic use and for cattle ;

(v) the organization of Young Farmers' Club an d

Mahila Mandal for th e organization of games and sports and execu tion of developmental, social and cultural works in the Sabha area ;

(w) planning and prese rvation of trees ;

(x) measures to pro mote the moral, soci al and

material well bein g oF convenience of the

inhabitants of the Sabha area ;

(y) promotion of pisci culture ;

(z) community listenin g ;

(zz) organizing o f village voluntary force for watch

and ward and f

or assisting the Gram Panchayat

in the discharge of its functions.| —

'The word "and" at the end of clause (r ) omitted by Punjab Act, X

*Added by Punj 7 y Punjab Act XV of 1954,

Added by pea ACE No. 26 of 1960, section

5(0)

—

—_

V of 1954. © Scanned with OKEN Scanner

156 GRAM PANCHAYAT [1953 : Ph. Act ty

(2) Subject to such exceptions as Gover nment _

by general of special or 'er, make, a Gram Panchayy;

may, and shall, if Govern ment so directs or Prescribe s

make provisions for :— |

(a) the establishment, maintenance and Management of maternity and child welfare centres and the construction and repair of all buildings con- nected therewith ;

(b) medical relief and first-aid ;

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

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

(ec) relief against famine or other calamity ; ({) providing such educational facilities as may be deemed necessary and desirable ; and

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

Provided that nothing in this section shall be deemed to impose any duty or confer any power onthe Gram Panchayat with respect to any matter which is under the direct ad- ministrative control of any department o Government or local authority, unless such duty or power has been transferred or delegat ed to the Gram Panchayat by order of Go- vernment or, as the case may be, of the loca authority

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

all

GRAM PANCHAYAT 157

(3) It shall be the duty of the Gram Panchayat with- a ithe Sabha area] to perform—

a) the duties of the Panchayat unde pu het ( Village and Small Town Patrol Aa ne rol 2for any other Act for the time being in aif force] ; and

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

20. Notwithstanding anything to the contrary in the Functions of the Punjab District Boards Act, 1883 *[or any other Act 'istrict board which : : > . : may be delegated to for the time being in force] the district board may and the Gram Pancha shall, if so required by Government, delegate any of the

following duties to the Gram Panchayat, namely—

KX of 1883.

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

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

Provided that the funds necessary for the performance of the duties so delegated shall be placed by the District Board at the disposal of the Gram Panchayat, and in case ol de-

fault the Government may, by an order in writing, direct the person having the custody of the District Board Fund to place the fund at the disposal of the Gram Panchayat. 'Substituted by Punjab Act No. 26 of 1960, section 5(c).

"Inserted by the Punjab Zila Parishads, Panchayat Samitis and Gram Sabhas (Re-

Onstitution and Reorganisation) Order, 1969. © Scanned with OKEN Scanner

158 GRAM PANCHAYAT [1953 : Ph. Act Iv Power to _require 21. (/) A Gram Panchayat on receiving g report removal and or Other information and on taking such evidence, jf an nuisance. as it. thinks fit, may make a conditional order a ' Te uirj 3

within a time to be fixed in the order :— (Uuiring

(a) the owner or the occupier of any building

"or land— ° Eee

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

a public

(ii) to close, remove, alter, repair, Cleanse, dis- infect or. put#in good order any latrine urinal, water-closet, drain, cess-pool or other receptacle for filth, Sullage- water, rubbish oryrefuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water- Closet which opens on to a street drain, or to shut off such latrine, urinal or water- closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood ;

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

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

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

1953 : Pb. Act IV] GRAM PANCHAYAT 159 mer of ¢ rani (d) the own of ny dog or other animal suffer- ing O1 cpasone sy Suspected to be suffering 'om rabies or shi anger ' which is da ous, to destroy or confine or cause to be confi ined s

or animal ;

uch do g

other s

. such harm weed from such land ; ful

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

(g) the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or strect passing in front of the building or through his land ;— (nh) the owner or person-in-charge of a private

"Khal" to keep it in a state of reasonable repair.

Or if he objects so to do to appear before it, at a time and

place to be fixed by the order, and to move to have the order set aside or modified in the manner here inafter

provided. If he does not perform such act or appea r and

show cause, the order shall be made absolute. If he

appears and shows cause against the order the Gram

Panchayat shall take evidence and if it is satisfied that the

order is not reasonable and proper no further proceedin gs

shall be taken in the case. If it is not so sati sfied the

order shall be made absolute.

(2) If such act is not performed within the t ime fixed,

the Gram Panchayat may cause it to be performed and

may recover the costs of performing it from such person.

. " Power to make

22. A Gram Panchayat may by general ord er to be Powe, cruers.

published in the manner prescribed—

(a) prohibit the use of wa ter of a well, pond or other excavation suspect ed to be dangerous to the public health ;

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

160

> GRAM PANCHAYAT [1953.: Ph. Ag Iv

(c) regulate or prohibit the steeping of hem Or any other plant in or near ponds or Other excavations within two hundred and twenty yards of the residential area of a Village . 'eguiate or prohibit the dycing or tannin of o sis within four hundred and forty yards of the residential area of a village :

Provided that where the dyeing or tanning of skins was so practised at the time of the establishment of the Gram Panchayat under the Punjab Village Panchayat Act, 1939, xt otisy or Punjab Panchayat Act, 192] 'for any other Act for the time being in force] it shal| @ of 1, not be prohibited unless the Gram Panchayat provides reasonable facilities for practising it outside the four hundred and forty yards limits ;

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

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

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

Provided that where a pottery-kiln was working at the time of the establishment of Gram Pan- Chayat under the Punjab Village Panchayat Act, 1939 » and the Punjab Panchayat Act, Xtof 9 1921, "Lor any other Act for the time being 11 of 1%! In force] it shall not be prohibited unless the Gram fam Panchayat Provides reasonable facilities for Practising it outside the two hundred and twenty yards limits : 2 —_--s»¥— Mnserted by the P

(Reconstitution and R cOrganisatio

unjab Zila p arishads, Pancha

n) Order, 1969, — ———

yat Samitisand Gram Sabhas © Scanned with OKEN Scanner

~~ 1953 : Pb. Act IV] GRAM PANCHAYAT 161

(g) direct that the carcasses of i 'thi Ws new all animals dyi Ye the village, except animals slaughtenng or consumption shall not be disposed within a radious of 440 yards of the resid tit area of the village : ude nue

Provided that nothing shall b at Shall be done under this clause to interfere with the legal ri | eon 1¢ legal rights of any

(n) regulate the construction of new buildi ° e n

or the extension or alterations of any editing - building or the abadi ;

(i) regulate with the previous permission of Govern- ment the parking of public vehicles ;

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

(k) regulate the observance of sanitation an d

taking curative and preventive measures to remove and prevent the spread of epidemics ;

(1) regulate the _ maintenance of watercourses

meant for irrigation purposes ,;

(m) regulate the killing of s tray dogs;

(n) regulate the slaughter of animals ; and

(0) prohibit beggary ; 1(p) direct the taki ng of measuresfor the

tion of waterloggin g »

and disposal of

dead

preven-

(g) regulate the f laying

animals ;

(r) prohibit the sale of harmful eat

the Sabha area ;

(s) regulate offensi ve and dangerous practices.] Ee TT .

1Added by Pynjab Act, No. 26 of 1960, section 6. ables within

trades or

162 GRAM PANCHAYAT [1953 : Pb. Act ty zi Penalty for dis- 23. Any person who disobeys an order Of the G Sen craeneesl Panchayat made under the two last Preceding s_ vam order of the Pan- shall be liable to a penalty which may extend To tions oar five rupees :and if the breach is q continuin ponty- with a further penalty which may extend to = reach, for every day after the first during Which the pr bee continues : Teach Provided that the recurring 1 penalt

exceed the sum of rupees five huttdred, Y] shall Not

Power to enquire 24. (1) On a complaint being made to the G ang make wre: Panchayat by any person that a peon, bailiff, constable

bout misconduct 7 ; '

Of petty officials chaukidar, patrol of the Irrigation Department fable,

guard, patwari, or vaccinator, canal Overseer, head se

stable, game watcher or an other class of i vants to which Government may by notification exter provisions of this section has misconducted himself an his official capacity, the Gram Panchayat may enquire into the matter and submit a Teport along with the prima facie evidence to the superior officer whom it ma concern, or to the Deputy Commissioner *[or the Sub- Divisional] Officer as the case may be]. | The authority shall, after such further enquiry as may be required, take suitable action and inform the Gram Panchayat of the. result :

Provided that nothing in this section shall b2 con- strued as empoweririg the Gram Panchayat to summon

any such officials or to exercise control, disciplinary or

otherwise, over them.

Supervision of (2) On the report being made by any person that a

eee, patwari, or chaukidar has failed to perform any duty

imposed upon him by any laws or Tules, the Gram Pan-

chayat 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 *[or Oe

Sub-Divisional Officer as the case may be]. Result he

the action taken thereon shall be communicated to !

Gram Panchayat.

ion 7- 'Substituted for the word "'fine" by Punjab Act No. XL] of 1953, section

*Inserted by Punjab Act XV of 1954.

. ph. Act IV] GRAM PANCHAYAT

163

1953

ere Janchav : / . .

95. A Gram Panchaya t may notwithstand ing any power to contract jaw 10 {he contrar y, respect of any are a within its juris. ["

the calleettert a

fiction. enter info con tract with Governme nt or a local dues — os : to collect land rev enue or any taxes or dues payable

pody .

| ., .

ment or a local body on being allowed such

0 Govern collection char ges as may be prescribed. os? Ye

~ ¢ ¢

(1) A Gram Panchayat may, by vote of at least Power te introduce

26. sf Panches, direct that intoxic ating "7"

pvo-thirds m

ajority ¢

jiquor May not be sol

d at any licensed shop w

ithin the

jocal area of the Gra

m Panchayat.

a resolution has been passed under sub-

it shall notwithstanding any resolution passed by an empowered Dis

trict Board under section

of the Punjab Local Option Ac t, 1923 'for any other Act for the ume being in force] take effect from the first day of April of the year next after such resolution.

(2) When section (1) abo ve,

(3) Notwithstanding anyt hing contained in the Pun jab

Excise Act, 1914 ror an y other Act for the time being in

force] and the rules mad e thereunder with regar d to the

powers and f unctions of the Collector under the said Act.

such a resolution will be binding upon the Excise an

Taxation Commissioner :

{ of 1914.

Provided that if the Ex cise and Taxation Com -

missioner is of opinion for reasons to be recorded in writing that within such local area_ illicit distillatio n oF

smuggling of alcohol ha s been carried onor

connived at,

within two years preceding the date of the passing of

such resolution, in such local area, such resolut ion shall

not be binding upon him, un less the Government orders that it shall be so binding.

27. (1) A Gram Panc hayat may, from time to time, By-laws. make by-laws consistent w ith this Act and with any rules

made thereunder generally for carrying out a ll or any of

the purposes of this Act.

Panchayat Samitis

and Gram S

1969.

—-

Recrsented by the Punjab Zila Parish ads,

nstitution and Reorganisat ion) Order,

abhas

Entry and Inspec. tion.

Transfer Of forest area or Irrigation Work.

164 GRAM PANCHAYAT [1953 : pp. Act Iy "le der sub-section (7 aking a by law a | ( /) the Set oath rin direct that a breach of it g] Y e .

Dee

for every day after the first during Which the breach continues. this section to

he power conferred under 5 make bys i subject to the condition of previous , Publication

for such time and in such manner as the Directo, determine, and no by-law Shall com ° dy © Into force Until jt has been confirmed by the Director.

28. The Sarpanch of the Gram Pancha authorised in writing in this behalf by the G Y Tules or make or execute, or Which it

IS Necessary for a Gram Panchayat for any the pur-

Poses or in Pursuance of any

Provided that—

(a) xcept when it is under this Act other wise "Xpressly provided No such Entry shall be made etween Sunset and Sunrise ; ( Cé Shall in every instance be

Elven even Y Premises can other- Wise be entere Without notice to enable ' of an apartment occupied by 1 to remove themselves to Some part 1€ premises Where their Privacy shall hot be disturbed > and

29. (1) Gove itions

lay, Subject to such condition

i. may be prese d, transfer fo any Gram Panchayat overnmaseme Maintenance of a forest aa te et Waste Ja Within ;

darie

Of its JUrIsdiction,

nit "nd near the Poun

of 1894 Il ef 1873, - Pb. Act IV] GRA

M PANCHAYAT 1

4953

Government may, subject to such conditions as aay rescribed, transfer to any Gram Panchayat rotection of any irrigation work, and its extensions the P 3

ape eee

and the regulation of the distribution of water fro m any

such work.

When a Gram Panchayat require

s any land to Acquisition of land,

carry out any purpose of this Act

, it shall first try to obtain

the land by private negotiations

and if the parties con-

cerned fail to arrive at

an agreement, such Gr

am Pan-

chayat ma make an appli

cation in the prescribed f

orm

Collector to acquire the

land and the Collector

to the L

e such land under the provisi

ons of the Land

may acqui

Acquisition Act,

1894.

Janation.—In this Chapter the expression 'land' to arise out of land, and thing s attached

manently fastened to anythi ng attached

Exp

includes benefits

to the earth or

per

to the earth.

31. The Gram Panc hayat

district board start, man age and regulate new f airs an

markets with such condi tions as to the share of income

accruing therefrom as m ay be mutually agreed upon.

32. A Gram Panchay at shall have control of

public streets, waterwa ys, other than canal s as defined in

sub-section (1) of sectio n 3 of the Northern In dia Canal

and Drainage Act, 1873 *[or any other Act f or the time

teing in force] situat e within its jurisdict ion not being

a private street or waterway and not

being under the

control of Government or district board or a ny other

authority specified by G overnment and may

do all things

necessary for the ma intenance and re

pair thereof, an

may—

verts 5

(a) construct new b ridges or cul

(b) divert, discontin ue OF close any pu blic street,

culvert or bridge ; otherwise improve any

public street, culvert or bridg e with mini-

to the neighbou ring fields ; mum damage ee oe

Inserted by the Punjab Zila Parishads, panchayat Samitis and Gram Sabhas (Reconstitution and Reorganisation) Order, © Scanned with OKEN Scanner

may with the consen

t of Power to manage

d fairs and markets.

all Power ove

r water-

GRAM PANCHAYAT [1953 : Pp.

166 Act Mi

(d) deepen of otherwise linProve Waterways .

(c) with the sanction of the P dee ibed Author, | and where a canal exists under the Northa! India Canal and Drainage Act, 1873, 1 or gt

other Act for the time being in force] Dy My

the sanction' also of such officer of

gation Department as Government ma

undertake small irrigation projects;

(f) cut any hedge or branch of any tree Projectin, ona public street ; | 2g

(g) notify the setting apart of any public Water. course for drinking or culinary purposes, an prohibit bathing, washing of clothes anq ani. mals or doing of other acts likely to Dollute the course so set apart :

Irrj.

> @PPoint,

Provided that nothing shall be done under clayse (¢) which may affect a canal governed by the Northern India Canal and Drainage Act, 1873, 'Lor any other Act for the We time being in force] without the prior permission of the authority prescribed by Government in this behalf. i Powers regarding *132-A. (1) A Gram Panchayat may— naming of streets and numbering of (a) cause a name to be given to a street by affixing buildings, it to or painting 1i on any building or otherwise

in such a position or manner as it may think —

fit ;

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

(2) The Gram Panchayat may require the owner oF Occupier of any building to paint thereon a number oF 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 aflixe to or painted on a building under sub-sections (1) and (2) Or affixing to or painting on a building a different name Or number from that affixed or painted by or under the order of the Gram Panchayat , Shall, on conviction, bé liable to a fine which may extend to ten rupees. | Inserted by the Puni: : Aus ~ ay Sabh® in J®#b Zila Parishads 2 a amitis an rain Sab (Reconstitution and Reorganisation) Order,' 1960. —— es "Inserted by Punjab Act No. 26 of 1960, section 7,

4953 : Pb. Act IV] GRAM PANCHAYA' Sale 167

133. (1) A Gram Pi m Pan chayat shall for the discharge Eusstional Sub- d cr e

° e

c ats adminis

trativ

oO at ive functions and other duties appoint Commitee s an

C ocal

Committees

ctional Sub- +t coe

Function Sub-Commi ttees and Local Committees cee en Pact

(2) The Functional Su b-Committ }

me ~~

the Pancha by

assisting them with su shall strengthen sage of planning and help in exec utionse' devel ned opme t work.

(3) In case a Sa bha area i

one village, each vi llage rail have a Lo cal C ore than consisting of

the Panches

of the villase and ommittee

"embers of the village, which will look after the 'evatoy.

ment of the village 2nd will be con sidere! as Functional

Sub-Committees for all

purposes.]

as may be prescribed t

o the cepar ment c ( 'm

oncerned in 'he f s

chools and

efficient running of th

e schools, hospitals a

nd dispensaries hospitals or disper

saries.

in or near its juri

sdiction.

21(2) The Gram Pa

nchayat m*y contribu

te funds

to any charitable or

national cause or an

y work or scheme

for removing distr

ess, 'and ameliorat

ing the condition

of the people in t

he rural areas in

the State-sponsored

approved by Gover

nment.]

34, *(1) The Gram

Panchayat shall give

such help Helpia_main

ttre

ance and improve~

35, Where a gr

oup of neighbour

ing Gram Panch

ayat etablishment

areas have no

primary school

, hospital or

dispensary, prima

ry. schogs.

the Gram Panch

ayats ihereof

shall, if so direc

ted by the Pensar

y for a

prescribed autho

rity, combine

to help in establ

ishing such group

of Pancha-

ic or Unanl

dispensary we.

1 school, hosp

ital oF Ayurv

and it shall be

managed in the

manner prescr

ibed:

Government

OF the Distri

ct Board

ds, as may b

e necessary

for the purpo

nchayats co

ncerned.

rescribed b

y Assistance

Government

Govern-

servant

Provided tha

shall place such fu

at the disposal o

f the Gram Pa

36. A Gram p anchayat

Government an d so far a in the perf ormance

ment servant 1n area.

——

——_— _ 26 of 19 60; sectio

n 8.

tion (2)s add ed by Punja b

Substituted by Punjab

' Act No

sub-s2ction () and

sub-se¢

*3:ctloa 34, rzaum b2red ;

ction 7:

Ast No. 26 of 19 69, se

—

168 GRAM PANCHAYAT [1953 : Pp, Act ty for de under this Act and

37. Subject 'o rules made | fo ofr maragetnent conditions agreed upon in writing a Gram P ty. | DChayat SNMaHTEHORS, HO Say rc opive from any person any prope ¥ vested in + or the management of any institution, or the executj or maintenance of any work, or the performance of any duty, within its area : | Provided that no work costing more than five hundreq rupees shall be entrusted to, or undertaken by, a p L anchayat except with the previous approval of the Directory. CHAPTER Iv

CRIMINAL JUDICIAL FUNCTIoNs karistinton 38. The criminal] jurisdiction of a Gram Panchayat

ms "Shall be confined to 'the trial of offence; Specified in

[Schedule I-A].

Additional power 39, Every Panchayat With enhanced Powers, and every

— Pancha- Adalti Panchayat Shall have j ave Jurisdiction to try—

(2) any other offence, not punishable With imprison- ment for more than two years, which Govern- ment may by notification; Ceclare to be triable by such Panchayats. Jurisdiction, ete. 40), (1) For the Purpose of decidi

. ee, eciding w er an thee alls within the jurisdiction of a [* 5 Paces yt 1siOns Section 9

Tocedure, 1898. sh $179 to 182 of the Coda o f-Criminal 18 all apply,

V of 2) 3 P wt .

Cous ) {EAI Panchayat Shall be deemed to be Criminal —____HEn trying g criminal cage. 'Substituted Yaron ee fOr" Schedule M by Punjab Act No, XLy, vp

f 1953, Section 8,

The word "Gram" Omitted b Y Punjab Act No. *Substi tuted for the Words XLI of 1953, section 17, "The Gram » by ibid, Section 18, © Scanned with OKEN Scanner

~ ~

1953 :

Pb,

Act

IV]

169

4i, Any magistrate before

complaint or

panchayat

brought or

who

takes cognizance of

such

offence upon

his

own

knowledge or

suspicion shall

'ransfer the

proceedings to

*[a]

Panchayat of

competent jurisdiction

Provided that

*[Chief Judicial Magistrate] may

ror

reasons

recorded in

writing

transfer any

criminal case

from

one

Panchayat to

another

]

Panchayat of

competent jurisdiction or

another

court

subordinate to

him.

eg,

42.

(Z)

Subject to

the

provisions of

sub

section

(3)

xiv of I8 'no

Panchayat shall

take

cognizance of

any

offence under

the

Indian

Penal

Code,

1860,

which either the

complainant or

the

accused

public

servant.

(2)

h e n information relating to

the

commission of a

cognizable offence

triable

Panchayat has

been

given

officer-incharge of

police

station,

shall

forthwith

send

copy

the

First

Information

Report

the

°*

Panchayat

competent

try

such

offence

ond

such

°**

Panchayat

shall

not

proceed

try

any

complaint

relating

the

same

facts

nor

shall

issue

any

summons

the

matter,

until

the

officer

has

intimate!

writing

that

the

investigation has

been

concluded.

Sch

officer

shall

send

the

in'ormation

the

Panchayat

after

the

conclusion

the

investigation.

(3)

criminal case

shall

heard

any

Panchayat when

criminal case

substantially the

same

facts

against

the

same

person

has

been

heard

and

finally

decided

competent Court

Panchayat '[or

pending

therein].

43,

(/) Any person who

wishes to

institute a

criminal Case

before

®*

Panchayat shall

make

complaint Orally

writing to

the

Sarpanch, and

his

absence lo

any

Panch

and

shall

the

same

time

pay

the

fee

Prescribed in

Schedule

III:

e m e word

r a m

omitted by

Punjab Act

No.

X LI

1953,

section

32.

seu bstituted for

the

words

'the

Gram"?

ibid,

sections 21 and

22.

£1964 (Substituted for

the

words

"District Magistrate"

Punjab

Act

No.

of 10% ©

Word **Gram"

omitted by

Punjab Act

XLI

1933,

secuon

"Added by o e

omitted

pid,

section

28.

Transfers, Exclusion of

certain cases.

Cognizance of

criminal cases.

170 GRAM PANCHAYAT [1953 .

Provided that if the court-fee stamp ig ;

. AWaila I Where the 1* * Panchayat Ordinarity ble at the place in cas| ll be pai si an equivalent amount in cash sha e paid. If the complaint is made orally, such Patticu, as ny be prescribed shall be recorded by the Sarpangy or the Panch, as the case may be,

(3) Notwithstanding anything Contained in Sub-s (1) a Panchayat shall be com Ction Ctent to take BNizance suo moto of cases falling un &r sections 0, 28, 264

277, 289, 290, 294, 510 of the Indian Pena} Code, and x

under sections 3 and 4 of the unjab Juvenile Smoking a

Act, 1918, for any other Act for the time being in force), i Action on com- 44. (J) The 1* x Panchayat May, after €Xamini plaint, the [complainant], if a ny ; and after fy necessary, either dismiss the complaint accused to attend. all subject N (3) operate as an

| Mplainant satisfies the 1% « Panchayat

his absence Was due to some unavoidable cause and

€ could Not notify the 1 Z anchayat thereof " Panchayat may revive the

Without a notice to the accuseg if it has *k en passed after

IS appearance before the 1% anchayat,

Power of Pan Chayats to refuse AS, If at any lime it appears lo the ts x Panchayat

toentertain cr. a the offence jg one for which the

dase, the 1% a '

4 Sentence which Competent to Pass would be Inadequate, It shal] Send the Tecord of the Case by order 1N writing to the "[Chier Jud ne icial Magistrate]. oe ee 1The word "Gram" OMmilted by pans C

Sth 13.

(Reged by ths a walab Zilg Panis, Ge No. XL gi 1953, sections 12 and Onan

' 'Substituted for | Or enisatio Mitis and Gram Sabhas he word m) Order, 1969, .

"Substituted for the Words "pow aint" b Om] OY Punjab Act 26 of 1960, section 10. IStrict Magistrate? by Punjab Act No. 25 of 1964.

CG Scanned with OKEN Scanner

. pb. Act IV]

GRAM PANCHA YAT

¢ the accused fails to appear of c annot be Proceedings ot 1953 ° ; ] 46. D0 & panch: 1% Panchayat shall report the fact f o the failure of the

accused tg

y, the ,

foun', Magistrate.

appear.

neare

istrate shall issue a we Magistr e hall sue warr ant for the arrest

9) The |

r the accused and shall direct by e ndorsement on the nt that if such perso n executes a bond wit h sufficient

curetics for his at tendance before h imself in the man ner

sure ded by section 76 of the Code of Cri minal Procedure rovier shall be released from custody. Oo

1808:

3) When the accused appears before th agistr:

Cr girect him to execute a bond with or without ies to appear before the ** * Panchayats, Sarpanch

Panch on such date as he may direct and thereafter ntinue to appear before the 1* * Panchayat as h person or the i* * Panchayat.

(4) On his failure to execute such bon d the Magistrate shall order that the accused be produced in custody before the person menti oned 1n sub-sec tion (3) *[or] the le &

Panchayat on such date not more

than fifteen days later

as he may direc t.

(5) If the accused f ails to appeat befor e the Panchayat after executing a b ond under sub-sect ion (3) the Panchaya t

shall report ihe fa ct to the Magistr ate before whom the

such Magistrate shall proceed

bond was executed, and

in accordance with the provisions of C hapter XLII 0: the

"oe Code of Criminal Proce dure, |

. .

rompt dispe |

47, (1) The ** * Panchayat shal l, if possible, try Prom ease the day on wh ich the

a criminal case and pass orders on ch the

accused appears and, if that is not possible, ma y; if he ts

're him to exec ute @ bond wi

th or

not already on bail, requi

te at no

without sureties for a sum not

exceeding five hundre

rupees to appear be fore the !* * Panc hayal on any

subsequent day or days to which the trial may be adjourn es-

forfeited sh

all be

such bond if

if it were 4

fine

(2) The amount of « * Panchayat as

recoverable by th

e J

XLI of 1953

, sections

13 (and 14

1The word "Gram" om itted by Punjab Act N o.

1Substituted for the word

"of" by section 13 (i), ibid.

* = LIRAM PANCHAYAT

(3) Ifthe Vecused lails to Cxecute sub-section (1) the 1* , Magistrate of € rec :

'nchayat Shall: ireg

the fact and the date fixed fost orm oy hearing ; and the Magistrate Shall under Subssections (2), (3 Proceeq ,. the , ne » (3) and (4) of's 48, (7) Al® x Panchayat m

Punishment,

ay on "ONViction

(2) sentence the "Ccused to one hundred rupees or if mya enhan ed ein,' under his Act, to 4 € not exceed Powe |

hundred rupees or do le the Valu ing tw,

damage or loss Caused by this Act Whee th,

IS greater -

> UCheye Provided that mu: 0 fine Shall €xceed

n fine Prescribed by law for that of .

(5) discharge him after due admonition ; |

C) require thi

Suardian to execute within Such time as the 1* anchayat may fix, a bond, with or without Sureties of an amount undred Tupees, binding himself to prevent such

: : faken under clauses (c)

and (d) of the f, Oregoing Sub-section if forfeited, shall be recoverable by the 1* '% anchayat as if it were a fine imposed by j i

or his father or his be punishable with one hundred rupees, —___ Ge "Gram" Omitted by Punjab Act No. XLI of 1953, 1The word © Scanned with OKEN Scanner

Act IV] GRAM PANCHA YAT 173 rere a * Panchayat imposes a fi

3) Mons of this section and such a fine is not nid (ne pro it shall record an order declaring the am Mitt of rege ap osed and that it has not been paid and ara

fine Jd the sane to the nearest *[Judicial 'Mapistr te

fore' pall sroceed 10 exccute it as if il were an order sassed

who rimse (, and such *[ Judicial Magistrate] m Pa

he accused (0 imprisonment in default of

pancho he ortted

-— whole or any p

art of the fine

q) in defraying expenses properly in

(a) oe py the complainant oper curred in the

compensation for any material dama e loss caused by the offence committed. ee

(2) If the ** * * Panchayat co nsiders that a case is false OT frivolous or vexatious it may cal] upon the com-

plainant to show cause why he should not pay compensa- tion to the accused. The!* * * Panchay at shall record

and consider any cause which the com

plainant may show

and if it is satisfied that the case

was false, frivolous or

vexatious, may, for reasons to

be recorded, direct that

compensation not exceeding rupees fif

ty, shall be paid

py the complainant to the a

ccused.

59. No convicti be a previous conviction fo r the purpose of section «, of the Indian Penal Code, 1860, or section 562 or 565 of the

(b) in (LVof 18 voflt8. Code of Criminal Procedure, 1898 51, (1) The [Chief Judicia

l Magistrate],

motion or on an applicati

on of the party aggrieved,

by order in writing after notice to the accused, or the

complainant as the case¢ may be, cancel or modify any

order in a judicial proceeding direct the retrial of any

criminal case by the same

or any

other 1* * Panchayat of c

ompetent jurisdiction or by

court of competent jurisdiction subordinate to him.

(2) A fee of one rup ee shall be paid on every such

application.

* by Punjab Act Substituted for the word "Gram substituted for the word

'Magistrate' by Pu

njab Act N a5 ONO

' ubstituted for the

words "District Ma

gistrate" by Punjab

Ac : 0053

Substituted for

the w ord 'Gram'

by Punjab Act

No. 41 © '

if satisfied S

1) Ifa fine is imp osed under thi |

4 . (

his Act, the 1* + compesestio n.

ction under this Act shall be deemed to Conviction by the

1*Panchayat not

previous cOnVIC-

tion.

upervision of crimi- nal proceedings by Chief Judicial

Magistrate].

made by '[a] Pancha yat or .

__so<»4l

174 Gram PANCHAYAT [1953 : Ph. Acg ty

CHAPTER V

Civ|L AND REVENUE JUDICIAL FUNCTIONS

52. (J) Notwithstanding any other law for the time

being in force and subject to the other provisions of thi, Act, the jurisdiction to try any of the suits m entioneg

hereunder shall vest in a ** * Panc hayat—

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

(6) suits for money or goods due on contracts, or price thereof,

(d) suits mentioned in clauses (j), (K), (J) and (n) of sub-section (3) of section 77 of the Punjabx Tenancy Act, 1887 [or any other Act for the time being in force].

(2) The pecuniary limits of the jurisdiction of a Pancha"

yat with enhanced powers shall be five hundred rupees 10 respect of suits falling under clauses (a), (6) and (c) of sub- section (/) and two hundred rupees in respect of suits falling under clause (qd) of the said sub-section. The pecuniary limits of jurisdiction of other Panchayats shall be we hundred rupees in respect of suits falling under cla use

(a), (b) and (c) of sub-section (/) and one hundred rupt® in respect of suits falling vnder clause (q) of the said S section. suit'

Panchayat to be ~—_—*-§3.. «(/) The !* * Panchayat when trying such oie or revenue court. Shall be deemed to be a civil or revenue courl as 0, may be. Unless relinquished in part, the suit shall ne Lie the whole of the claim and no subsequent sults sh a 40)

before the }* * Panchayat or any other cour! for

claim or a part thereof relinquished or omitted. , * Panchayat ¥

Powers.

Limits to jurisdic (2) No suit shall lie before a }* be mad?

esi the defendant or one of the defendants, sought to @ at the liable for the claim, where there are more than ores on time of the institution of the suit resides oF 'thin OM business or personally works for gain, or has sa ried 0"

year of the institution of the suit resided or he jini business or personally worked for gain, within polly oe eee . W of its jurisdiction or the cause of action has arisen or in part within these limits. ee

ion 17.

1The word ''Gram" omitted by Punjab Act No. XLI of 1953, section

_— |

Punjab Act V of 1939.

1953:

} *

(2)

to be

. pp. Act IV] GRAM PANCHAYA'r

hayat of competent jurisdiction,

175

pane

The District Judge or Collector may, for reasons

recorded in writing, transfer, any civil or revenue suit tively from one —* * Panchayat to another 1* #

resp ayat of competent jurisdiction or to another court anchay

rpordinate

to him.

ss, No suit shall lie in a '* * Panchayat—

—~—_

'The word "Gram" omitted by Punjab Act No. XLI of 1 e——

'inserted by the Punjab Zila Parishads, Panch

ayat Samitis a

(a) ona balance of a partnership account :

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

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

(d) by or against a minor or a person of unsound mind or when any such person is in the opinion of the 1* * Panchayat, a necessary party ; (ec) against an insolvent for a claim pertaining to the time prior to the admission of his insolven cy

petition ; ;

(f) on account of any dispule or mat ter regarding

which any suit or application may be ma :

ina Revenue Court as defined in the Punja Tenancy Act, 1887, except as provid od clause (d) of sub-section (/) of secon 25 ll

(g) in which the matter directly and substan a in issue is pending for decision in o F hae om:

heard and finally decided bya ae between petent jurisdiction in a former UN on they the same parties or those

under W

claim. ee

_ ae

—_———

——~

53, section 17.

nd Gram Sabbas

Exclusion of Pan-

chayats jurisdiction,

176 GRAM PANCHAYAT [1953. be Limitation. 56. (1) The provisions of any law fixi per; limitationfor civil orrevenue Proceedings Shocd of deemed to be amended to the ext Shall eg period of limitation of any suit triable by 1 that the Panchayat shall not exceed three years Or - fixed in Schedule II if the Claim arose bef Period | + 0 commencement of this Act. e (2) Any time spent on Proceedings Panchayat to which the Provisions of Sections §2 are applicable shall be excluded from any period ry 7 tation prescribed by law for suits in other courts, 1% lastitution. 37. (1) Any person who Wishes CO institute a sn; before a1* * Panchayat shall Present a petition Suit writing tothe Sarpanch or in his absence to any Pa In and shall at the same time pay the fees Prescribed «: Schedule III: In Provided that if the court-fee stamp is not ; atthe place where the Panchayat available ( ordinarily Sits, an equivalent amount in cash shall be paid. _(2) Any petition so Presented shall be entered in a Tegister of suits, to be maintained in such form and by institution SU°H_Person as Government may prescribe. Wrong institution oe 38. Ifat any lime, i appears to the !* * Panchayat that it as no jurisdiction to (ry a suit, it shall direct the petitioner, by order in writing, to file his suit in the 'proper court. Summary dismissal. 59. Ifupon the f, ace of the petition, or on examining the petitioner, a 1% * ie ; " Panchayat is of opinion that the petition is vexatious or frivolous or barred by limitation Or discloses no cause of acti eS no ¢ action, it shall dismiss the petition by order in Writing. Necessary parties 60. (2) Subject to the Provisions of clauses (c) and in suits. (d) of section 55, the 1 , * Panchayat. shall add as Parules to suit any persons Whose presence as parties it considers for a proper decision thereof, and shall enter the names of such rarties in the register of suits, ard the suit shall be tried as between the parties whose names are entered in the said register : Provided that when any party is added notice shall be given to him and he shall be given an opr ortunity ol appearing before the (rial of the suit is | roceeded with.

In all cases where a hew party appears unde! the proviso to sub-section (/) during the trial of a civ Suit, he may require that the trial shall begin de novo.

_—_—_—

d by Punjab Act No. XLI of 1953, Section 17.

> |

| p. Act IV] G

RAM PANCHAYAT 177

1953 * r - ' intiff or defendant in any suit dies be- finally decided and the right to

the suit shall, subject fo the provi- ton SS, be proceeded with at the sue § s (7) of sect . Jause ' ' of cl the legal representatives of, the s10n) ae of or agains! z instane plaintilt or the deceased defendant. as the ease deceasce

may be :

that application in this behalf has been

* Panchayat within thirty days of

provided

the '*

- ad to . k :

resentc ithin such further period as the '* ath or "1 _ oe ral may. for sufficient cause. allow.

ancenedye .

61 Ifa suitis not dismissed under section 59 the 1* Summons. at shall by summons require the defendant to anchay | Ir

sppeat before itand answer the pe

tition.

62. (1) If the petitioner fails to appear on the date pismissat in defautt fixed for hearing or if in the opinion ofthe '* * Pan- and restoration. chavat he shows negligence in prosecuting his suit, the iz " * Panchayat may dismiss thesuit unless the de-

fendant admits alJ or any part of the claim, when it shall be decreed accordingly.

2) A i* * Panchayat shall restore a suit dis- missed for failure to appear, if, within fifteen days from the date of such dismissal, or such further period Which for sufficient cause the !* * Panchayat may allow, the plaintiff satisfies the!* ° * Panchayat that he Was prevented by any sufficient cause from appearin<; but no order of dismissal shall be set aside without notice tothe defendant if it has been passed after his appear- 'nce before the!* * Panchayat.

- A fee of one rupee shall be paid on every such appli- ion for restoration.

L& Ex parte decisio 1,

+ fe (/) Ifthe defendant fails to appear and the ™ the dat naval Js satisfied that he has received notice of evadin. {xed for the hearing or that he is intentionally

"8 service the Panchayat may proceed ex parte. —

— 7 ee

Th ' - j

178 GRAM PANCHAYAT

(2) Any defendant against whom a Sui hag decided ex parte, within thirty days from the date .. Deen cuting any process lor enforcement of th Within such further period as © deci: ; the !* P; nchayn: for sufficient cause allow, apply orally or in wee t may the ** * Panchayat, to set aside the order and hee to * Panchayat, if satisfied that the defendant di € ls ceive due notice of the hearing, or was Prevented re. appearing by any sufficient Cause Or was not intentig evading service of summons, shal] Set aside the deci! and shall appoint a day for Proceeding with the suit, no such order shall be passed without Notice to " opposite party. e A fee of one rupee shall be paid on ever cation for setting a ' ~ ¥Yery such anni. Side an ex parte decision. Poli

Fial decision 64. (J) At the conclusion of the tria] the 1* x Panchayat shall pass a decree in writing with or Without costs of the suits in such form as Government may by Tule prescribe and shall enter particulars of the decision in the register of suits.

(2) If any money is paid over or if any property is transferred in the presence of ** * Panchayat in satis- faction of a decree it shall enter the pay ment or the trans- fer in the register of suits.

(3) A decree passed by a !# * Panchayat shall be executed by it in such manner as may be prescribed. Ifthe 1* # Panchayat finds any difficulty in executing a decree, it may forw ard the decree to the civil revenue court having jurisdiction and such court shall thereupol proceed to execvte the decree as if it were a decree passe

by itself,

. . ° , é 65. The District Judge in respect of civil suits of ug Collector in respect of revenue suits may of hi moti "idly: set 10n or On an application of the party aggrieved at aside or modif 1 y any decree or order made by a vettial, Panchayat in a civil or reven ue suit or direct the hayat 0

of the suit by thesame orany other '* * Pancha. dic

competent jurisdiction or by any other cour wy me a fail nate to him if he is satisfied that there ae been ure of justice whether ona point of fact or law.

—_—

953, section 17 ; . sect on if 1The word "Gram" omitted by Punjab Act No, XLI of 1953

Act IV]

GRAM PAN

CHAYAT

179

. pb. $953 ° ?

CHAPTER

IROVISIONS APPLICA

BLE TO JUDIC

seNERAL R

JUDICIAL

Genel PROCEED

INGS

The provisions of the Code of Criminal Genera l.

08 66. Ns 8, the Code of Civil Procedure, 1908, and

yo at proce indian pviden ce Act, 1872, shall not ap ply to pro-

i? oe befor ix

%* Panchayats, save to t he extent

10 ceed = q in this Ac t, but the ' * * Pancha yat may

C tie} "the facts of any cri minal case or civil or revenue sot iI legitimate means in its power and thereafter pa ss

suit DY der, sentence or

enquity an

(2) Every ix * panchayal sha ll maintain a. brief

memorandum o f proceedings of each case tri ed by tt.

decree as may be in accordance

d good conscience. Bar to personal 1« * Panchaya

t shall take!

7, U No me

mber of a

oor

q. © se, su

it or proceedi ng to which he or 41S

in business o

r neat re-

loyee or part

ner

which any of

them may be p

er-

hes disquali-

2) If by reaso n of the num ber of Panc fied ai sub- section (1) the re remalDs ae quot the

iz * Panch

ayat shali send the case or the ee

[Chi 'cial

Magistrate o r the District Judge or

Viet Judi

e io a

as the

case may

bé; for

Collectror having Jur

ith law.

disposal in accorda nce WI . ; ri. C m isé 20d

68. (1) Notwithstan ding anything con tained 11 a! Gecsion on ath

Boe S

Act or any other Jaw fo r the time being Ml f arce, crimi-

* Panchayat a

within

be lawful fo

r the es

ounded or to decide any it vali r nal case to be comp ' e o iz .

' ' its jurisdiction in accordance with itd ane a compromise agr eed upon betw een the P

pai (2) Sections 8 to 11 of the Indian e shall apply (9 judic ial proceedings Panchayat.

_ ee 1953, section

'The word "Gram"

omitted by Punj a

180 GRAM PANCHAYAT [1953 . Ph, Act ly ; Legal Practi- 69, Notwithstanding anything Contained ; Bar to Legal Prac oe

the |, itiones Oga!

toner Practitioners Act, 1879, OraeEE pone ctitione: Shal] tai

permitted to appear, plead o1 act be ore a 'k 'Nnchays, My

for any party tm any Judicial Proceedings nder thi. Ag 70 (DA Woman or Tanee of

"ee any other Person SPecial| permitted by a} * x Panchayat, being a Var y to any 7 ally proceedings before it May appear thro - gh rised in this behalf,

2) For the Purposes Of this Section <. not include any lega] Practitioner or aS a clerk to any legal Practitioner or Q-Writer

ora tout declared as such under Sectl n 36 of the

Practitioners Act, 1879,

71. If at any time, it appears toglx » (a) that It has no iurisdictic y fo try Difficulties,

> DY Order in Writing, Stating therein ihe Cates of |

Petitioner , as t

;

Complaint o¢

. Ur Attendano, of

Witnesses 72. (1) [A]! anchayat ma by summ ns send for

"Dy person to appear and give evidence Cause the Product Or to produce or 10n of any document :

Provide tha —

Xempt from Personal appear" t sub-section (7) of section 136 of the Code of Civil Procedure, [908 shall vot appear jn Person before a anchayat in at* * oivi] suit OSUMmon a Witness ; dready issued against : ithac. J 1 its pinion the attendance of the wit S's Canno{ be procured without

#1 amount of Which ; ty, expense or inconvenience able in the "ITCumstances Would be unreason- >

—_—

The w, rd" Ord "Gram on: 'Substituted for the words pY Pu Uniab Act No,

CG Scanned with OKEN Scanner

—— 4: pb. Act 1v] GRAM

PANCHAYAT 18]

ix * Panchayat shall not require an ; a Po ee ae . any p

erson

appears

to 2[the] Panchayat (o be sufficient (o defray his reasonable expenses

;

(d) no woman shall be compelled {o appear as a witness in person before [a] 1 * Panchayat. Sh:

may be examined on commiss

ion in the manner

prescribed; and

f a document 1s produc

e i in obedience to a

(°) "summons issue

d under this section

the ** * Pan-

chaya' shall cause the d

ocumen: to be copied,

mark the copy after

comparing with the

original to be a true copy an

d return the origina]

document to the person p

roducing the same,

(2) If any person, whom t he it & Panchayat summo ns by

written order to appear or give evidence or to produce any

dccument before if, wilf ully 'ails to obey such summons

the 1** Panchayat may tak e cognizance of such diso bedien¢-

and after giving such p erson an opportunity to explain

may, on conviction, s entence him to a fin e not exceedin *

twenty-five rupees. ; *

S t s

hall Processes.

73. (1) Every summons i ssued by a 1x * Panchaya be drawn 'wp fay such fo m and. shall be signed OF sealed

in such manner as may be prescribed. ns is to be 2} When t eys

on on whom the

summo

resides. witlh

iction such s

ummons shall

served resides within its

jurisd

shal

bul

oca

ordinarily, be served b

y one of the chukida

rs Of ,

area bul he 2**Pa

nchayat may

in "ig discreti

"ved by any other person willing 0 do so.

cefendan! resides at (h e

outside the local area oF

ay forwat t e summe"

larea of wh ose Juris vides

be * Pan- lime) If the accused or t he .

its j of (he issue o f the summons

6 hee on the

'e*Panchayal

S the ™ * Panchayat within the locale''' oy ich

oe the accused ot the defendan t resides and

— 2 amo

is 'yal shall ca use it to be

serve as if

'ued by itself, _

1The

Substin "Gram" omitted by Punjab

Nuted fo Seem?

pid:

, r the

word "Gram'' by!

unjab Act N Subst;

Oo"

: Fh. Au n

4) if the accused or the defendant resides at the ¢; tne Deve of the summons outside the 1[j urisdiction of AIP: of chayat ** * the ** * Panchayat may, where it is not possi} a serve the summons through another ** * Panchayat Twang

the summons to the nearest "[Judicial Magistrate] Who sha cause it to be served as if it were a summons issued by himself.

182 GRAM PANCHAYAT [1953

Transfer application 74. (1) _ If in any criminal case or ciyi] OT revenye suit be'ore a ***Panchayat any party intimates at any stace before the announcement of the final order or decree that he intends to make an application under this Section to the 4{Chie' Judicial Magistrate] or the District Judge or the Collector, as "he case may be, for the transfer of the cas2 suit the * * Panchayat, Shall, upon his executing, ifso requir. ed,a bond without sureties of an amount not exceeding ten rupees, 'hat he will make such application within a reason. able time to be fixed by the 3* * Panchayat, which shall not be less than fifteen days adjourn the case or suit for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon:

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

(2) Ifthe application be not made within the time allow- ed, the amount of such bond shall be for feited and may b: recoverable by the 3* * Panchayat as if it werea fine imposed by itself.

may of proceeds 75. The '[Chief Judicial Magistrate] or the District

| Judge or the Collector, as the case may be, on an applica:

tion for transfer, order [a] Panchayat to stay the Piet ceedings pending before it and on receipt of such orde the ** * Panchayat shall stay the proceedings.

—

Substituted for the word "Gram"? by Punjab Act No. XLI of 1953.

*The word "area '' omitted by ibid.

"The word "Gram"? omitted by Punjab Act No. XL] of 1953.

"Substituted forthe words''District Magistrate' by Punjab Act No. 25 of 1968 'Substituted for the word "Gram'' by Punjab Act XLI of 1953. © Scanned with OKEN Scanner

. p ' 1953 ° Pb. Act IV] GRAM Panonatat

or the movable property be del

ivenet by inoney be paid,

' Stalments.

183

77, (1) A** *® Panchayat tent to cancel, revise or alter eng 'a ne be compe-

order passed by it in any judicial proce, dines or final

ox parte decrees or orders ; and subject to th e provisions

of sections 51 and 65,

no sentence, decree e

provisions

passed by a. * Panchayat in

judicia' other order

shall be subject to

appeal, or revision

b proceedings

or authority.

y any other court

(2) The provisions of sections 10 of Criminal Procedure, 1908 and section 403 of the. Code of Criminal Procedure, 1898 shall apply to all civil, revenue

and criminal proceedings beforea **

* Panchayat

of 1908-

rof 1898-

78. Any sum realized bya ** * = P

by way of judicial fees or of judicia l fines shall aor e

dited to the consolidated fund of the State in the manner

prescribed].

480 to 482 of

79. (1) The provisions of sectio ns

shall apply

V_ of 1898. the Code of Criminal Procedure, 1898,

judicial proceedings under this Act :

Provided that, the fine impo sed for contempt of court shall not exceed twenty-five rupee s.

512, 517 and 522 of

1898, shall apply

yat, and in any

'ons 517 and

(2) The provisions of sections

lo | f 1998, the Code of Criminal Procedure, criminal proceedings before

'Tal Panché

order made by a Pa

nchayat in relation

to sectio

by 7 Y

1898, is not com-

522 of > Cri 1 Procedure,

of the Code of Crimina i

P rd the same to the

lied wit

- shall forwa

Pp with, the panchayat s nen shal l proceed to exe-

nearest "[Judicial Mag

istrate]

cute it as if it were an

order passed by himself

EE ee tions 21 ct No. 41 of 1 953, sec

cL of 19535, ent may prescribe"

Punjab A

1Substituted for the wor ds "the Gram' by

22.

*The word

"Gram" o mitted by Punjab / epbstituted for the words 'kept in su ch custody a s

» section 254 (il).

cNo.

"Substituted for ie ord ''Magistrate b Act No

and

t No.

Governm by

« of 196:

+ by Punja 25 of 196 + Payment by in- stalments. Finality of deci- sion.

Res Judicata. Custody of

money.

Contempt of

to Court.

Conjunctive

powers.

Sabha Fund] Sources of Gram Fund.

184 GRAM PANCHAYAT [1953 : Pb. | Act Iy

CHAPTER VII

FINANCE AND TAXATION

'[80. There shall be a Sabha Panchayat and the same shall be utilised the duties and obligations Imposed on the Pancha or any Committee thereof by this or any other enactmy and for such other purposes of the Panchayat as the St te Government may prescribe]. ale '[81. (2) The following moneys shall to the Gram Funq— 6 y be Ctediteq

Fund] for . Sac for Carryin h

& out

(a) all grants from Government or ot authorities ; her Local

() the balance (if any) standin & al the credit ae Panchayat at the Commencement of ths of all funds which In the opinion of the collecto; were or are

(d) all donations :

(e) all taxes, duties realized under this Act nd fees imposed and all dust, dirt, dung or refuse : ervants of the Panchayats any oe anes vcore emals not claimed. by or n accordance With any custom the pee and th y and vested mn thee Sbh eet produce of a ee

Section 3,

Of 1960, Section 1].

unjab Act No, 26 of 1960, section12.

_ 4953: Pb. Act IV] GRAM PANCHAYAT 185

(g) income dorived from (the village fisheries i" § wh ch are under the management of Panchayats ; aYdalos ,

(n) income derived from c Common la nds vested j in the Panchayat und

° . ©

er ¢ ¢

being in force. iny law

for the time

(2) The Government shall ever

Panchayat a portion of the land raven nar hs to every

(han ten per, centu m of the total

annual la ane les s

realized within the limits of the Sabh a area which shall a

ne credited to the Gram

Fund.

$2. (1) Subject to rules made un der .thi

order made by Government in this behalf, Gram Panehavat om

shall impose¢,—

(a) a house-tax paya ble by the occupier or

a house is vacant, by the ore

, where

Provided that if any house rem ains vacant

for a period of one year orm ore, it shall be

exempt from payment of the house-tax ;

val of Government, a

(b) with the previous appro tax on persons carrying on any profession,

trade, calling and em ployment (other than such agriculture) in the Sabha area provide

in the Sabha area

tax has not been im posed 1D

by any other loca

l authority under

any law

for the time being i n force ;

te form of a sur charge

transfers of prop erly int

on the duty

imposed by the Indian Stamp

'astruments o

f sale, gilt

Act, 1899, on 10 with possession mortgage erty situated in the Sabie area a t Sued ed

the Governamen

as may be fixed by as the

case may be,

value

ing two per centum OM o atith Lae nsideration e

the amount of (h

e consic ee

secured BY

of tl rop

erty or fe

o sect

the he Poag

ee, as sel

forth in the

instt

tax, duty

OF cess whi ch (he Leg

State has p owel {o im

pose +

186 GRAM PANCHAYAT [1953 : pp, Act 1y⁸⁶ rovided that if (he Gram Panchayat fails 4, ite {he (ax, duty or CeSS Government my take necessary stops fo impose it and the tax duty or cess so imposed shall be deemeq is have been imposed by the Gram Panchayat ;

Provided further, that the Government ma

at any time withdraw the authorisation under clause (c) or clause (qd) Whereupon the tax duty or cess shall cease to be levied

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

(i) teh-bazari from the shop-keepers in fairs Other than cattle fairs ; 2

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

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

(iv) water rate where water is Supplied by the Gram Power t Panchayat.] CX-

e e ang wien gies, 83. Subject to such restrictions and control as may recovereble be prescribed a Gra m Panchayat may write off any tax, amounts, ce 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, feo amount or sum 1s Irrecoverable. Expenses of Grim Pan. , 84. The expens aq: ats shall be chayats. " charged to the Penses of the Gram Panchaya Sabha F *l ¢ f the Adalti anchayat on a re a Fund] *[ and those o

d unds of the Gram Panch. yats concert- een such proportion as may be determined by the pres" Cribed authority,], :

CCovery of ar

Tears. . . ] . "Ar 2 «£ une = this Act Ollector shall recover any sum due

t ps Aol other than sums due under a decree passed tion or as fines ety In exercise of its civil ain jurisdicti -- posed in the exercise of its cri! Juri OD as if they were arrears of land revenue.

eset,

Substituted by Pun} b Act N : *Added by Punjab crn 9- 26 of 1960, section 11. 5 66 o, i The words "Gram? omitted by ibid. secant 7 © Scanned with OKEN Scanner

r- dD. Act iV] 95" wt the sanction of Gover

' ith a

nment and '

Wnditions as may be prescrib ed 1 eet Powe to

borrow mone for

' : am row, Po

10 may :

y carrying out of

cba ¢ of this Act.

any

pare purpos' of

hayat may, with th A m Pancha , the previous per-

87. "the Director, impose a special tax on "the See tax and

members of the Panchayat area for theven

jul! ction of any public work of gene ral utility for

const abitants of the said area ; pro vided that it

the exempt any member from payment of this tax

may of doing voluntary jJabour or having it done by

ip ne person on his behalf; provi ded further, that in

an0 an emergency manual labour may be com- e 0 t che C45 d without payment land if any person rily impose

pulso q erform such labour without su fficient cause he

does 10 liable to be punished with a fine which may

GRAM PANCHAYAT 187

wd to twenty-five rupees. |

27CHAPTER VIII)

THE PANCHAYAT U

NION

CHAPTER IX

CONTROL

by notification

. de Delegation of i 95, (/) Government may, r ) orany 0 its powers under this Act other tha a Se Sub- 0; make rules, to a Deputy Commissioner [or tor visional Officer as the case may be] oF the Direo"

; : issioD

i q? The Director may, with the previow® pier tha n

ernment, delegate any of hi i OW to an officer thos No bacieeated fo him * Officer.

Ow the rank of District Panchayat

~~ __

Add

Chapter oe end of

section 87, by Act

No. XLI a 90,

Ite by p III consisting of sections

88, 5

unjab Act No.. 26 of 1960, section 13. ee ae ee,

Adq eq by Pun . ; 54 jab Act XV_ of 19°4- iad 4 or Ths

Ssioner, ] Power of Govern *[95-A, ( I) Notwithstanding anything Contained in this general election ow Act or the rules made thereunder

{ Chairmen and notification members of Execy. t Ommittees of members of adnhas

188 GRAM PANCHAYAT [1953 . Ph. 1[ (3) The Chief Judicial] Magistrate Act jy

ae vate 4 ay de]

any of his powers to a Judicia] Magistrate "Bate Oo} t e first class]. .

. District Judge may delegate any of his powe. to a Seon Judge of the first class. Power, (5), The Collector may delegate any of p; an Assistant Collector 1S Powe of the first grade. "Sto

(6) The Deputy Commissioner or *[the Sub-D; ;-: Cer, as the Case ma

the power Specified in sect; Shall not be Celegated on 102 by the Deputy Commi Government may by

may be appointed for different Sabhas OF groups thereof.

(2) Notwithstanding anything contained in this i or the rules made thereunder, the Government may by ation direct that, b Y Such date as may be Spectiie? a general election of Chairman an members of e i Committees of al] Sabhas, «nd co of such Committees, shall be helda [Union Terri . \tory of Chandigarh]; and ifferent dates

may be 4ppointed for different areas or for different Sabhas or groups thereof

ittees, held an | made after the first day

: -ontion

> Whether Such election and co op

and made un

eld

der Sub-section (2) or has been het

*Substitut d by Pun; b

25 of 1964, Jab Act No. *Added by id. No. 11 of 1964 4 .

Ww tate of jab"

Samitis and Gram Sabha ( of Punja 7 i ads, by the Punjab Zila Parish S Reconstituti ° er, On and Reorganisation) Ord © Scanned with OKEN Scanner