(r) The accounts of.-evTy Gram Panchayat shall be audited annually in ,u"il*"n# as may be Prescribed'
(2)TbeauditshallbecarriedoutbytheAssislantCommjssioncrorsuch *JtqTai$#"","ss:,t"#$iTlm-lsi:'r"1T;a'l;iff xffi [1'*s"ill4 TITE OAZBTTE OF INDIA EXTRAORDI}iARY TPATT rl_ Adolirlstra- Iron !€poft.
Po,rpr to call for Proc€rdings etc.
DefaBh in 0€rfortnanc€ ofduty by Gram Paochay.r*.
audit, forward copigs of th€ audit rcport to th€ Deputy Commissioner and the Gram .
Panchayat.
. . (3) T[e Deputy Corrmissioner may after oonsidering the report and after making such further enguiry as he nray coirsider nccessary, diiallow airy item which appcars Lo.hrm contrary to law and sutcharge the samc on tbe perso! makitrB or authorising the illegal paymenl, and stali-- . . (a). if such person. is a rnember of the Gram Panchayat, proceed against him'ln the manner spccified in sub-socrrons (z) and (;) of ircii6n 49; and
(6) if sucb person is not a memqkr of the Gram panchayat obtain the explanation of the pers,on .and direct such pcnjon to pay to the C;am panchayat the.amouot surcharged within a spccified period and if the amount is not piid within th€ specitied period, tlre Deputy Conmissioner shall cause jt to be recovered as an affears of land revenue and credit it to the Gran Fund.
- {4) 4ny person aggrieved by ao order of the Deputy Commissioner uudcr(ub.sectron.{J} may within thirty days of the date of rhe orrlcr, prefer an appeal to th€ Adrninistrator whose dccisicn on such appeal shall be fiiil.
45. {t) Every Gram Panchayat slrall submit annually to the Assistant Commissioner a report on the Adminjsration of tle Gram Panchayat during thc pfevlous year.
_ (z) The report shalt be prepared by the Pradhau and after it is approved by the Gram Panchayat, shall be tbiwarded to rhe Assistant Corrnissio'ner wirh i copy of th€ resolution of the Oram Pancbavat ihereon,
CHAPTER VI CoNTp,oL or GRAM PAIicHAyAT .16. The Deputy Conrmissioner or the Assistaut Commissioncr shall havc polver- {a} to call for - _ _(i) any oxtract from the prcceedings of a Gram panchayat cr any book, record, corrcspondence ot documents in the possession oi under control of a Cram Panchayat;
(l'i) an] retum, plau, estimate, statement, account or report for the purpose of irspection or examhation; and (&) to require a Gram Panchayat to take into consideration-
(i) aoy objection which appears to the Deputy Commissionet or the Assistant Commissicner to exit to the doing of anyihing which is about or is being done by s'rch Gram Panchayat, oi
(li) any informationwhich the Deputy Commissioner or the Assistant Commissioner is able to furnish and whiih appears to the Deputy Comrnissioner or the Assistant Commjssioncr to-necessitate thc d-oin-g ofa certain thing by the Gram Panchayat" and to make written reply to thc said Deputy Comrnissioner or the Assistant Conmissiorer as thg case may be*ith.j-n a rCasonable rirne, stating i$ reasons for not desisting flom doing such thlogs.
47. [t, at ary iime. it appea;s to fte Ass;siant Commissioner that a Gram Panclla)at has made wilful and persistent default in the pertbrmanc€ of anv dutv imp-osed orr ii by this Regulation. he may by order in wr:iing, fix a period f6r the performance of ihar duty. If the dut!' is nct p€rfomed within the plriod so fixed, Assistant Commissioner may appoint any person to perform it, anA direct tbai the e)ipenses of tbe performarcc of such duty shall be paid by the defa,:lting Gram Panchayat withio such period as tbe Assistalt Couomissionor may think fit, src. tj TIIE GAZ TTE O}' INbIA EJTTRAONDINARY l5 {8. (r) If. in the opinion of the Assislant Commissioner, the executlon of .n" ord.. ii.iittution o'f a 6ram Panchalat or the dcing of anything which is iUlui to U" oon" or is being rionc by or un behalf of a Gram Panchayat is. causinp or is likelv to cause iniurY or lnoolanre to the public or to tead to a breacn ;fL\; ;;; t,i it-untawri.,t. 'tte m:rv, bv orrler in writing' suspcnd the execuiion or proiibit the doing thereoi
(z) When the Assistaut Commissioler rnakes an order under sub-s€ction t;f, li, 'srrafi]orir,w ith seld to the Gram Panclnyat atrected. thereby a copy of ihe order together reith a statement of the reasons for making it.
(r) The Assistarrt Commissionr:r shall forthwith submit to rhe - Deputy Comniiisioner a ieport of the citctmstrnce; rn which the otder was made under tlj i..iioo and ttie Deputy Commissioner may after giving nolice to the Gram F*"ttay"t and making iuch inquiry as he deems fit, rescind, modify or confirm thc order.
It9. (r) Every member of a Gram Panchayat shall be personally liable for the loss, wiite or misapphcation of any rnoncy or -other property 9f LF qlt Sabha to which he has been ir Parly ir which hiis b€cn caused or lacdltateo cy [lJ nisconouct or wiltul neglect'of'liis duty as a matnber amounting to fraud' (.2) trf after giving the t".b", .on.".n.d a. reasonable -opporiunity, for strowing cause to tie co-ntrary thc Assistant Commissioncr is satisfied that the loss' wuit. oi niit"opliiation of any moncy or other properry of the Gram Sabha is a Jii""i ""nl"oG'tie of misconduct or wilful neglect on his part he shall, by order in wrltinp. direct such mcmber to pay to the Gram Pancbayat betbrc a hx€o -Our", it ""i.ooot required to rcimbrirsi it for such loss. waste or misapplication:
Provided that no such ordo shaU be made for bonafide or technical irregularities or mistake of a member.
(3) If the amount is Rot so pajd, the Assistar.t Cornmissioner shall recover i t as an arreax of land revenue and credit it to the Cram Fund.
tz) An order of the Aisistan{ Commissioncr shall be subject to an app€al to tbe 'Deputy Commissioner'if made within thirty days of the date of the order' e). (r) If in rhe opinion of rhe Aiiministrator, a Gram Panchayat-
(c) exceeds or abuses its pou'ers : or {r) is imcompetent to perforn or makes wiiful and persistent alefault in the perfoniarce of, ihe duties imposed on it by or under lhis Reguletion or any other law for the time being in force, or
(c) fails to levy tle taxes leriable under this Regulation, or (/) oersisren v disobevs the order of the Assistant Commissioner made undei iuUsection (a) of scitiol 48, the Administrator may, by order Published in the Ofrcial Gayette dissolve the Gram Panchayat.
(:) No order under sub-section (r) shall be pass€d without giving to the Grarl Fanchayat a leasonable opponunity to render an explanation.
. G) If a Gram Panchayat is dissolved under sub-section (t) the following consequence shall ensue, namelY :
(a) all the members of the Cram Panchayat shall, from the date specified in the ordet. cease to be members;
(b\ all powers and duties of the Gram Panchayat shall during the period of diisoiutidn of the Gram Panchavat, be exercised and performed by such person or persor$, appoi ted by the' Administrator in this behalf;
Svspeqsio!} of €xe-cution of ord€r on resolutioo of Faocbayat.
Liability of mernb€rs fbr loss, water ot misapplicatioo.
Dissolution of Gram Panchayat.
TIIE GAZE-TTE OF INDIA Sfi'RAORDINAhY lPesr II*l6 Disputes botween Cram Panchayats.
Administra' trator ot Deputy Commissroner may call for progeediqgs.
(c) thc Nyaya Panchay'at for tlie Graur shall be deemed to have been dis:
solved and all thc members of the Nyaya Panchayat shall vacatc ofrce as from ruch date.
(4) An election to constitute a Gram Pan.'irayat shall be completed befots tlrc eqriry of a period of six morths from the date of its dissolution.
51, If any disputc arises betwcen two or nore Gram Panchayats, it shall be rcferred to the Dcputy Con:missioner and the decision ofthe Deputy Commissioner thereon shall be final.
52. Tle Administrator or the Deputy Commissioner may call for and examine the rccord of the procedings of any oficer or Gram Panchayat for the purpose of satisfying him**lf as 10 the l€gality or propcriety of any order passed and m;ry revise or rnodily the order rs he may deem fit.
CHAPTER YII I'iVAYA PANCHAYAT 53, {r) There shall be for erery Gram a Nyaya Panchayat which shall consist of five persons to be electcd by the members of the Gram Panchayat from amongst temselves,
(z) Three menrbers of the Nyaya Panchayat shall form th€ quorum for a meeting.
54. Every member of a Nyaya Panchayct sha , belore entering upon his dutics. take thc oath of omce irr the form set out in the First Schedule hefore thc Assistanl Comrnissioncr,
55. Every Nyaya Panchayat shall eiect from amongst its members a Sarpanch and an Up-sarpanch who are able to read and write Hindi orany ofthe language in use in the Gram for which th, Nyaya Paochayat has been constitoted.
56. Thc term of office of every membcr of a Nyaya Panchayat shall be cotemrinous with the term of the Gram Panchayat :
Provided that the Sarpanch and the up-sarpanch shbll continue in ofice until they are relievcd by thcir resp€ctive successors,
57. The Secretary of the Gram Pnnchayat shall be ex-officio Judicjal clert of the Nyaya Panchay;it for the purposes of recording its proceedings and decisions and perfcrming such other duties as nay be prescribed.
58, Every Nyaya Panchayat sirall have a sea! bearing its name, thc lrams of the Tebsil aud the District in which it is constituted, and all its decrees, order prcreedings and proc€sses shall bear the seal of the Nyaya Panchayat.
59. The Sar.nEnch and the up-sarpanch or a memher of a Nyaya Panchayat ,'nay resign his office by giving a notice in writing under his hand to the Assistant Commissioner and his off&ce shall thereupon become vacant.
- , .60. -(r) lhe leputy Conrmissioner may,. after giving him an opportunity of being heard afld for reasons to be recorded remov€ any member of a Nyaia Panchayat if in his opionion, such member has been guilty ol misconduct in the dischargc of his du(ies.
(z) Any person aggrieved by an order of the Deputy Commissioner under subsection (r) may, $'ithin thirty da-vs of the datc of the order, appeal to the Administrator whose decision tlt*eon shall be firral.
Constitutution of Nyaya Panchayat.
Oath of o$.r-e, €i€ctioq ('i Sarpanch aad Up sarpanch.
Term of oftce.
Judicat Clerk.
Seai of Nyaya Panchayat.
Rcsigmtion of . member, Rentu.val of member from Nayaya Fancha.
yat.
SEc. 1l TBE GAZETTE or rNDrA EXTRAORTDINAAY
CHAPTER YIII .
POPBRS O! NYAYA PANCIIAY.i\T 61 A Nvava Panchayat tnay exercise such of ihe powers- mautioned in r."tioi-ol anci ijiu. iii-Aittioittiutor mav, by gencrat oi special order, specify' 63, Subiect to the provisions of section 62, a Nyaya Pauchayat may take cognizance of all or any of tue follwing suits naately : -
(c) suits for money due or contract not aflecting any interest in iuunovable propetty;
(b) suits for recovery of movable propetty ot for the value tlereof;
(c) suits for compens'tion for wrongfully taking injuring molable property;
(r/) suits for damages caused to standing crops by eattle tresspass;
Where the amount of value of the clairn does not exceed Rs' l00i-' 64, A Nyaya Panchayat shall not have jurisdiction to try ary suit :-
(a) On a balance of partnership account;
(6) for a share or part of s share under any intestacy or for a legaey or part bt' a legacY under a will;
(c) bv or asainst the Government or any local authority ol an officer or ."*"ni #ttt Ciu.iorn*nt o1 a membsr, offiier or servaut of a local authority in his olEcial oapacity;
(d) by or against a minor or a person of unsouad mind'
65. Subject to the provisions of section 62, a Nyays Panchsyat- may take cosniza;; aid rry atl oi any of the ofhnces speci6ed in tho Third Sehedule i;fi;ding abetmenf of, and attenpts to commit, such offences'
66. No Nyaya Parchayat shall take congizance of any criminal case agains!
4 pefson where such person-
(a) has been previously convicted of an offence punishable with imprison' meni of either descriptioi for a tern of 3 years or upwards;
(b) has bsen previously fined for theft by any Nyaya Panehayat';
(c) has been bound ovet to be of good behaviour under section 109 or secti;n 110 of tbe Code of Criminal Procedure. i973' (/) has been previouslv convicted un'let the Putlic Gambling^ Act,.-l-867- or thEintlaman a'od Ni"o5'ar Islands Gambling Regulatio!, 1951 (II of l95l).
{e) is a public servant.
67, (z) No Nyaya Panchayat shall try any suit or.issue in respect of any -ottri wn'iiir ls pedalits ror decision il or has tteen heard and decided by,. a court ii"ir-rp"i# j*:itaictio-n in a former civil suit bstwe€s the sam€ p4!ty or btw€en pa*ies under whom they or any of them claio' l1 61, Any vacancy arising in the officr ofa rnember of Nyaya-Panchayat shall be Filling of nrr"a 6u er""ioo'una'rne .i*uuii i;';i;;.ffii-h;ttl orii"l iot i9 llos as the -TT11,^- ili,iu"i i.iltt"* pii.i hi nas been elected would have held ofrce if the vae{mcy vacaBores' had not occurred.
Powers of Nyaya Patrchayat.
Powers of Nyaya Panchayar [o take cognizance of suits.
Suits uot triable by Nyaya Panchayat.
Offences cognizable by Nyaya PanchayaL c€rtam offences not to be tried by a Nyaya PaachayaL Res-Judi- Cgte.,and po3amg surls.
Effect of decision.
Maximum peDalties.
Youthful of.bni:rs.
Compensat,on to complainants.
Compensation to accused.
Security for keeplnC the peace.
18 THE GAZETTE OF INDIA EXTRAORDINARY [P^R" II-
(z) Where an accused person has been tried fot any ofence, no Nyaya P&nchayat sh4l take cognizance of such offelce oi on the same facts of any other oflence of which ihe accused might have been charged or convicted.
_ -68. The decision ofa Nyaya Panchayat on rhe quesrion of title, legal charfcter., .contract or obligalion shall not bind the pariiei except in. rc:pect of ihe sult ln whlcn such malter rs declded.