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Section 148

The Arunachal Pradesh Panchayat Raj Act, 1997State Act of Arunachal Pradesh · Act 5 of 2001

( 1) Any police officer may arrest any person committing in his presence any offence against the provisions of this Act or of any regulation or bye-law made thereunder if the name and address of such person is not known to him and if he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address given, and such person may be detained at the Station house until his name and address is correctly ascertained.

(2) Any person arrested under sub-section ( 1) shall be informed as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

(3) lt shall also be the duty of all police Zilla Parishad or officers from doing anything under this Act etc.

Penalty or tempering with the Panchayat property.

Penalty for contravention of act officers to give immediate information to the Chairperson or Member Secretary of the Gram Panchayat, Chairperson or Executive Officer of[***] Chairperson or Member Secretary of the Zilla Parishads the commission of any offence against the provisions of this Act or of any rule, regulation or bye-law made thereunder or where a member of the Gram Panchayat, [* * *] or Zilla Parishad is arrested within twenty-four hours of such arrest and to assist all officers and servants of the Gram Panchayat, [***] or Zilla Parishad in the exercise of their lawful authority.

149. Every member, officer or other employees of a gram Panchayat, an[***] and a Zilla Parishad shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

150. (I) The Goverrunent may, after previous publication, make rules to carry out all or any of the provisions of this Act.

151. (I) Subject to the provisions of this Act and the rules made thereunder a Gram Panchayat or[***] or a Zilla Parishad may frame byelaws;

(a) to regulate the appointment, functions, powers duties, and conditions of services of its officers and employees ;

(b) to prohibit or regulate the discharge of water from any drain or premises on a public street or into a river, pond, tank well or any other place ;

( c) to regulate sanitation, conservancy and drainage in the area within its jurisdiction;

(d) to prohibit or regulate the use of roads, public streets or other public streets or other public places ;

( e) to regulate the terms and conditions subject to which a licence may be granted for the running of markets by private persons, the fees to be charged therefore and other incidental matters ;

(f) to regulate the manner in which tanks, ponds, cesspools, pasture lands, playgrounds manure pits, land for disposal of dead bodies and bathing places may be maintained and used ; and

(g) to regulate any of its functions under this Act.

(2) Any bye-law made under sub-section

(1) may provide that a contravention thereof shall be punishable with fine which may extend to one hundred rupees and in case of a continuing contravention, with an additional fine which may Members of Gram Panchayat, [***] and Zilla Parishad to be public servants Power to make bye-law.

extend to five rupees for each day during which the contravention continues.

(3) The power to make bye-law conferred under sub-section (1) is conferred subject to the condition of the bye-law being made after previous publication and any bye-law so made shall not take effect until it has been approved by the Government and published in the Official Gazette.

152. The Government may, by notification, in the official Gazette, omit, amend or add any activity, programme or scheme covered by or mentioned in Schedules I, * [ ] or Ill. On the issue of such notification the schedule shall be deemed to have been amended accordingly.

* [ subtituted by Act 6 of 2018.s.26 (w.e.f. 21.4.2018)] Amendment of schedules I,[*] or lll

CHAPTER-X INSPECTION AND AUDIT.

Inspection and Audit.

153. (I) The State Government shall appointan officer and such other officers as it may consider necessary for the purpose of inspection or superintending the work of all, or any of the Gram Panchayats, or the[***] or the Zilla Parishad.

(2) An officer appointed to inspect or superintend to inspect or superintend the work of a Gram Panchayat, or an [***] or a Zilla Parishad may at any time -

(a) inspect, or cause to lie inspected any immovable property used or occupied by the Gram Panchayat, the[***] or the Zilla Parishad or any work in progress under the direction of the Gram Panchayat, the[***] or the Zilla Parishad;

(b) inspect or examine, or depute any other officer of the Government to inspect or examine, any department of the Gram Panchayat, the[***] or the Zilla Parishad or any service, work or thing under the control of the Gram Panchayat, the [***]or the Zilla Parishad ; and

(c) require for the purposes of inspection or examination the Gram Panchayat, the[***] or the Zilla Parishad-

(i) to produce any record, correspondence,plan or other document ;

(ii) to furnish any return, plan estimate statement, accounts or statistics ; or

(iii) to furnish or obtain any report or information.

(3) The Deputy Commissioner or any other officer not below the rank of an Additional Deputy Commissioner or Extra Assistant Commissioner, when authorised by the State Government in this behalf, may exercise all or any of the powers conferred on an inspecting officer under sub-section

(2).

(4) When ar1 inspection of a Gram Panchayat or an[***] or a Zilla Parishad is undertaken by any officer referred to in sub-section(3) a report of such inspection shal I be submitted by such officer to the State Government.

***[Word 'or an Anchal Sarniti.an Anchal Samiti,Anchal Samiti,Anchal Saities, The Anchal Samities,an Anchal Samiti.or Chairperson or Executive Officer of Anchal Samitiin s 143,144,145,146,148,149 and 151-,Deleted by Act 6 of2018.s.25 (w.e.f, 21.4.2018)] Audit

154. The Audit of the accounts of the funds of a Gram Panchayat or.[*] or a Zilla Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report

(a) on the Gram Panchayat, shall be forwarded to the ***[Zila Parishad] by the Gram Panchayat;

(b) **[deleted]

(c) on the Zilla Parishad, shall be forwarded to the State Government by the Zilla Parishad, after taking steps to rectify any defects or irregularities committed in such action as may be necessary against such person after calling for such explanation and making such enquiry after giving an opportunity to him which have been pointed out in the audit.

"[the word the 'Anchal Samitis'.or 'an anchal samit' and 'the Anchal sarniti' Deleted by Act 6 of 2018.s.27 (w.e.f, 21.4.2018)] **[substituted by Act 6 of 2018.s.28(2)(i)(w.e.f. 21.4.2018)) ***[Deleted by Act 6 of 2018.s.28(2)(ii) (w.e.f, 21.4.2018)] Annual Administration Report.

*[155.As soon as may be after the first day of April in every year, and not later than such date as may be fixed by the Government. the Member Secretary shall place before the Gram Panchayat a report of the administration of the Gram Panchayat during the preceding financial years. in such form and with such details as the Government may direct, and shall forward the report, with the resolution of the Gram Panchayat thereon, to the Zilla Parishad and to the Government].

"[substituted by Act 6 of 2018.s.29(2)(w.e.f. 21.4.2018)]

Where this provision sits

ActThe Arunachal Pradesh Panchayat Raj Act, 1997
Section148
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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