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 Sabha.
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, resignation 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 petition. 13-E. Procedure on receiving election petitions. 13-F, Power of Deputy Commissioner to withdraw and transfer petitions. 13-G. Procedure before the prescribed authority. © Scanned with OKEN Scanner 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 indemnity. 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 © Scanned with OKEN Scanner 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 improvement of schools and hospitals or dispensaries. Establishment of primary schools, hospitals ‘or dispensary for a group of Panchayats. Assistance to- Government servants. Power to take over management of institutions, ete.
CHAPTER IV—CRIMINAL JUDICIAL FUNCTIONS | Jurisdiction. Additional power of Gram Panchayats. Jurisdiction, ete. Transfers. | Exclusion of certain cases. Cognizance of criminal cases. © Scanned with OKEN Scanner 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, © Scanned with OKEN Scanner =” 1953 : Pb. Act V.] GRAM PANCHAYAT 133 SECTIONS
68. Compromise and decision on oath, ; ’
69. Bar to Legal practitioners.
70. Appearance of agents.
71. Difficulties.
72. Attendance of witnesses. ae
73. Processes. 74, Transfer application. 75, Stay of proceedings.
76. Payment by instalments. _
77. Finality of decision. Res judicata.
78. Custody of money.
79. Contempt of court. Offences cognizable by a Gram Panchayat.
CHAPTER VII—FINANCE AND TAXATION 80, Gram fund.
81. Sources of Gram Fund. 82, Power of Taxation. ite off irrecoverable 83, Power to exempt fro amounts. 84, Expense 85, Recovery of arrears.
86. Power to borrow. d Community Service. %7. Special tax an 26 of 1960, section 13. L ‘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 Panchayat. 97, Power to suspend the action of Gram 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 Panchayat and Thana Panchayat Unions and consequence thereof.
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 © Scanned with OKEN Scanner (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 167114, € Moisi , 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 Gate (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 ‘ Pusjas 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 proceedings 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, outhouse, shed, or stable, whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever ; and includes a wall and a well ;
(c) ‘‘by-laws” means by-laws made by the Panchx “ayat under this Act ;
(d) “common land” means land which is not in the exclusive use of any individual and has by usage, custom or prescription been reserved for the common purposes of village community or has been acquired for such purposes ;
(b) any right, privilege, obligation or liability acquired) accrued or incurred under the Act so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed, or
(d) any investigation, legal proceedings or remedy in respect of any such right privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid : and any such investigation, legal 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) anything 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 inconsistent therewith be deemed to have been done or taken under the correspond ing provision of the principal Act as amended by this Act and shall continue to 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 Adalats, 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 the principal 4 Power to remove Act as amended by this Act, the State Government may, by order notify in the Official difficulties. Gazette. make such provisions or give such directions as appear to it to be necessary gr expedient for the removal of the difficulty. ema © Scanned with OKEN Scanner 130 GRAM PANCHAYAT [1953 : Ph. Act ty 2) “Director” means the Director of Pane . appointed under this Act ; hayats x T(t) wok Ok O% *] ;
(g) “Gram Panchayat” means the Panchayat consti a tuted under *[Section 5 of] this Act ; _ “Government” means the State Governments of Punjab and Haryana and the Administrators of the Union territories of Himachal Pradesh and Chandigarh in relation to the areas falling with in their territorial limits as specified in Part II of the Punjab Reorganisation Act, 1966. (Act 31 of 1966).] [(h) , (i) ““Panch” means a member of Gram Panchayat, se 6*) O® 6 © J or an Adallti Panchayat elected or appointed under this Act and includes a Sarpanch ; _ Gi) A Panchayat means a Gram Panchayat and / includes an Adalti Panchayat J. s a Panchayat 7[(iii) “Panchayat Samiti’? means @ 7 Samiti constituted under the Punjab Pancieyt Samitis and Zila Parisha S and having jurisdiction over the Sabha area.]
(j) “prescribed” means prescribed by rules made under this Act ; building a
(k) “public place” means any place, DU” . ° ° g tion O / structure situated within the jurists ic bas Gram Panchayat aroa to W free access ; ee section 3(1)- ) Act, 1953 (Puniab Act NotClause (f) omitted by Punjab Act No. 26 of 1960, ‘Inserted by the Punjab Gram Panchayat (Amendment XLI of 1953), section 2 (7). SSubstituted by the Punjab Zila prishad Sabhas (Reconstitutio? and Reorganisation) Or amilis and Gra 5, panchayat S der, 1969. | ‘The word “Thana” omitted by Punjab Act XXX of 1954. ‘op 13 njab Act No. 76 of 1909 sect ion 'The words “Panchayat Union” omitted by Pu ‘Inserted by Punjab Act No. 19 of 1963. | aA © Scanned with OKEN Scanner 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 sarpach . 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 Gram Sabha established | | under section 5 ; (mmm) ‘Sabha area’ means an area declared to be a Sabha area under section 4 ; ] f(D) “Schedule” means the Schedule appen ct ; :
(o) “sub-committee” means 4 sub-committee appointed under section 33 of this Act ; 2[(00) “Syb-Divisional Officer” means the Officerin-charge of 4 Sub-Division of 4 District constituted for revenue and general purposes ;] “tax” includes a cess, 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 records of the district in which itis situated ;
(r) “watercourse” means any channel which 1 a maintained 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. Act the Punja inor Cana t, Act, 1879, 0 for the time being] I1l of 1908 zt 3 ther Act 1905, *[or any , all subsidiary works t the sluice cted with such ¢ conne hich water 1s supplied to ded to this such chann¢ : gaa aor ton mm); inserted by Punjab Act, 26 of 1960, section 3 (2) NeW ae (mm) and (nt 1954 ed by Punjab Ac ; ies ; ; t Samities and Gram sInserted by” the Punjab Zila Parishads, panchaya sabhas Insertstitution and Reorganisation Order, 1969, schedule secon © Scanned with OKEN Scanner 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 inforce]. 2 Inserted by the Punjab Zila Parishads P anchayat Samities and Gram Sabhas Reconstitution and Reorganization Order, 1969, Schedule second. Me, oA © Scanned with OKEN Scanner 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 manner 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 contracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted. 1](3) Every person who, for the time being, is entered as a voter on the electoral roll of the Punjab Legislative 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 Government 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 highest 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 Say pata the Executive Committee which shall be atyles eee. Panchayat the members thereof to be called 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, Panchayat Samutis 4 ‘Reconstitution and Reorganisation) Order, 1969. © Scanned with OKEN Scanner _—_— 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 provisions of sub-clause(b), have one panch belonging to the Scheduled Castes if their population is five per centum or more of the population of the Sabha area concerned ;
(b) every Gram Panchayat with seven or more 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 referred to above shall not affect the Constitution of a Gram Panchayat existing at the time :
Provided further that if Government is of the opinion that the basis of population adopted for the purposes of 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 Government 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’ EF a d © Scanned with OKEN Scanner 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 Parliament 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 and juris- . ss ae as diction of Gram ordinary Panchayat, and shall have jurisdiction over 444 adalti Panmatters 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, © Scanned with OKEN Scanner 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 © Scanned with OKEN Scanner 1953 : Pb. Act IV] GRAM PANCHAYAT 139 (10. Whenever a vacancy occurs by t! tion or removal of a Panch, 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 prescribed, and the ors ecled in such shall hold office for the unexpired sotto of Ao ee which the person in whose place he aaa of the term for have otherwise continued in office. As’ clectoum would
11. If for any reason a Sarpanch or . of Panches are not tected, OF a nora vacane main’ OF eee at default. filled within the time prescribed the prescribed thority may appoint the necessary number of duly qualified ersons as a Sarpanch or Panch, as the case may be, and any such Il hold office for the unexpired. porcion of the person sha term for which the person in whose place he was appoi 5 ointed would have otherwise continued in office. FP
1712. (/)Every Sabha shall hold two general meetings in Meeting and quoeach 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 Panchayat Samiti.]
13. The Sabha shall at its Sawani meeting consider Budeet of Sabha. by the Gram Panchayat and at its the budget prepared Hari meeting consider the reports of the working of the, or the Gram Panchayat and draw out development plan Sabha area.] 2» CHAPTER [I-A] Disputes Regarding Elections nless the context otherwise Definition. 13-A. In this Chapter, U requires,— inted in writing a sp a an! 0 Oo
(a) “agent” means any per o be his agent by a candidate at an elect! ith the written for the purposes consent of such person » | —— d by Punjab Act No. Substitute y Punjab Act No. 26 sCinapter I-A inserted b © Scanned with OKEN Scanner 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 ;
(c) “corrupt practice’ means any of the Practices specified in section 13-U :;
(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 petitions, 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 the 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 registered post and is deli to the prescribed wuthority” nd is delivered
(3) An election petition pending before th i authority immediately before the ath Septenber. 1962 shall be decided and disposed of by the prescribed authority 1n accordance with the provisions of this Chapter after affording to the person who presented the election petition an opportunity to amend the petition. Contents of 13-D. (J) An election petition— ie} Peqwpon.
(a) shall contain concise statement of the material facts on which the petitioner relies ;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice ; an
(c) shall be signed by the petitioner and verified “4 down in the Code of Civil in the manner lal of Ci Procedure, 1908 (5 of 1908), for the verification of pleadings ;
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form 1n support of the allegation of such corrupt practice and the particulars thereof. 4
(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 manner © Scanned with OKEN Scanner — 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 wilnesses 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 : © Scanned with OKEN Scanner 1953 : Pb. Act IV] GRAM PANCHAYAT 143
Provided that it shall be open to the prescribed authority to direct any party to appear in person whenever the prescribed authority considers it necessary 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 authofity. the following matters :— ying a suit in respect of
(a) discovery and inspections ;
(6) enforcing the attendance of witnesses and requiring the deposit of their expenses ;
(c) compelling the production of documents ;
(d) examining witnesses on oath :
(e) granting adjournments ;
(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 attendance 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 ground 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 Zila Parishads, Panchayat Samitis and Gram Sabhas (Reconstitution and Reorganisation) Order, 1969, © Scanned with OKEN Scanner 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 proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian: Penal Code (45 of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law. 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 petition 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-examining 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 .
(c) that any nomination has been improperly re- Jected ; or © Scanned with OKEN Scanner 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 such per : person dies aft ‘ deposit, e fe legal representative ot aa making such returned tO e said person or to his | such person, be as the case may be. s legal representative, 13-R. Any order ast | this Chapter may be roduced before { the provisions of Execution court within the local limits of whe the principal civil _ ° erson directed by such order to cay ay auto a any has a place of residence or business and such co t shail execute the order or cause the same to be executed i a“? same mannet and by the same procedure as if it es ; decree for the payment of money made by itself in a suit :
Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (2) of section 13-Q, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an apP ication has been made under that sub-section owing to insufficiency of the amount of the security deposit referred to in that sub-section. Restoration tO certain 13-S. (J) Subject to the ee of an eee petition Soro -section (1) ° section 13-C, 4 person, persons whose made Sosa a or Panch held after the 12th election was set ber, 1962, was ; e the 27th Septem ch commence set aside by the prescribee a ment, shall be deemed to be duly or Panch, as the case may 0e,; office of such Sarpanch oF Panch. er sub-section : . n
(2) On the restoration 2 a pethe vacancy cau e
(1), any other person © ected ¢ < ving result of the election of such pe san 5 shall cease to be 4 Sarpanch oF S80 i upt | ified in section 13-U Calling disqu alifi- Gram cation. 4g 1 ) ec 13-T. The corrupt practices SP ship © lification for member som the date to such shall entail disqua} ars COU Panchayat for a period © five yearned authority as on which the finding of the prescr practice has been given - ror reas to - or reasons ment mays or reduce the
Provided that the Govern be recorded, remove the disqualilie period thereof practices. © Scanned with OKEN Scanner 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 rent to 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 ; nses a fide 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 candidate 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, © Scanned with OKEN Scanner 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 © Scanned with OKEN Scanner 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 assistance (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 POWERS
14. (1) The meeting of the public and shall be held at least once a month at some place within the Gram Panchayat area for which it is established, whenever called by the Sarpanch:
Provided that the Sarpanch, when required in writing by a majority of the Panches to call a meeting, na a so within three days, failing which these ae nes tity, with the previous approva of the prescribe . 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: © Scanned with OKEN Scanner 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 at » the 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 gu 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 . © Scanned with OKEN Scanner 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 | Secretary. 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 Gram Panchayats Amendment) Act, 1963, shall be deemed to have been appointed by the Panchayat Samiti. 2) Subject to such rules as may be made in this behalf, the Panchayat Samiti may, for making payment of the remuneration, leave salary and allowances to the Secretary SO appointed or deemed to have been appointed, levy contributions from the Sabha Funds concerned in such proportion as may be fixed by it.
(3) Subject to such rules as may be made in this behalf a Panchayat Samiti may, either suo motu oron receiving a report from the Gram Panchayat, transfer, suspend, dismiss or otherwise punish a Secretary of a Gram Panchayat or a group of Panchayats.
(4) It shall be the cuiy of the Secretary, under the seneral supervision of the Sarpanch, to assist the Gram Panchayat or Gram Panchayats, as the case may be, in the discharge of its or their functions under this Act or under any other law for the time being in force. 17, (1) Subject to such rules as may be made in this Employment of behalf and with the previous approval of the Panchayat Samiti, a Gram Panchayat may employ such other servants as are considered necessary for carring out the duties imposed on it by this Act and may suspend, dismiss of otherwise punish such servants.
(2) A Gram Panchayat shall pay the remuneration to such servants out of the Sabha Fund.
18. A Gram Panchayat may, in accordance with Provident und Tules made under this Act— al psetvanls.
(a) establish and maintain a provident fund on beha of its servants ; an ;
(b) grant a gratuity to any servant subject to the ___ previous approval of the Director. 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,
(c) burial and cremation grounds ; 3
(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 maintenance of public places and buildings of public utility ; ) allotment of places for preparation and conservation of manure ;
(r) construction and maintenance of culverts and bridges ;7[ * * ] ’
(s) the laying out of new roads and pathways and maintenance of existing ones , [°(¢) framing and carrying out schemes for the imroved methods of cultivation and management of land to increase production ; ] (3(u) supply of water for domestic use and for cattle ;
(v) the organization of Young Farmers’ Club and Mahila Mandal for the organization of games and sports and execution of developmental, social and cultural works in the Sabha area ;
(w) planning and preservation of trees ;
(x) measures to promote the moral, social and material well being oF convenience of the inhabitants of the Sabha area ;
(y) promotion of pisciculture ;
(z) community listening ;
(zz) organizing of village voluntary force for watch and ward and for assisting the Gram Panchayat in the discharge of its functions.| — ‘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 Government _ by general of special or ‘er, make, a Gram Panchayy; may, and shall, if Government so directs or Prescribes make provisions for :— |
(a) the establishment, maintenance and Management of maternity and child welfare centres and the construction and repair of all buildings connected therewith ;
(b) medical relief and first-aid ;
(c) the promotion of agricultural credit and of measures including establishment of provision and implement stores and credit centres to relieve rural indebtedness and poverty ;
(d) establishment and maintenance of first-aid centres for animals ;
(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 administrative 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 Government 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 © Scanned with OKEN Scanner GRAM PANCHAYAT 157
(3) It shall be the duty of the Gram Panchayat witha ithe Sabha area] to perform— i 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 ;
(c) the control and management of cattle pounds which are under the control of the District Board :
Provided that the funds necessary for the performance of the duties so delegated shall be placed by the District Board at the disposal of the Gram Panchayat, and in case ol default the Government may, by an order in writing, direct the person having the custody of the District Board Fund to place the fund at the disposal of the Gram Panchayat. ‘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 oo 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, disinfect or. put#in good order any latrine urinal, water-closet, drain, cess-pool or other receptacle for filth, Sullagewater, 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 watercloset 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 therefrom and to cleanse the land or building ;
(b) the owner of any wall or building, which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wa or building ;
(c) the owner or occupier of any building , or property to keep his building or property ™ sanitary state ; ll © Scanned with OKEN Scanner 1953 : Pb. Act IV] GRAM PANCHAYAT 159 mer of ¢ rani (d) the owne of ny dog or other animal suffering O1 cpasone sy Suspected to be suffering ‘om rabies or shi anger ' which is dangerous, to destroy or confine or cause to be confi ined s or animal ; uch do g
(c) the owner or occupier of any agricultural land to destroy Pohli or any 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 hereinafter provided. If he does not perform such act or appear and show cause, the order shall be made absolute. If he appears and shows cause against the order the Gram Panchayat shall take evidence and if it is satisfied that the order is not reasonable and proper no further proceedings shall be taken in the case. If it is not so satisfied the order shall be made absolute.
(2) If such act is not performed within the time fixed, the Gram Panchayat may cause it to be performed and may recover the costs of performing it from such person. . “ Power to make
22. A Gram Panchayat may by general order to be Powe, cruers. published in the manner prescribed—
(a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public health ;
(b) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds, or other excavations reserved for drinking water ; © Scanned with OKEN Scanner 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 Government the parking of public vehicles ;
(j) regulate such matters as may be necessary for © the general protection of standing crops and trees on common land and the planting of such trees ;
(k) regulate the observance of sanitation and taking curative and preventive measures to remove and prevent the spread of epidemics ;
(1) regulate the _ maintenance of watercourses meant for irrigation purposes ,;
(m) regulate the killing of stray dogs;
(n) regulate the slaughter of animals ; and
(0) prohibit beggary ; 1(p) direct the taking of measuresfor the tion of waterlogging » and disposal of dead preven-
(g) regulate the flaying animals ;
(r) prohibit the sale of harmful eat the Sabha area ;
(s) regulate offensive and dangerous practices.] Ee TT . SF 1Added by Pynjab Act, No. 26 of 1960, section 6. ables within trades or © Scanned with OKEN Scanner 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 Panchayat may by notice fixing a reasonable period require him to perform the said duty and on his failure to do so shall report the matter to the superior officer whom it May concern, or to the Deputy Commissioner *[or Oe Sub-Divisional Officer as the case may be]. Result he the action taken thereon shall be communicated to ! Gram Panchayat. Ee ion 7- ‘Substituted for the word “‘fine” by Punjab Act No. XL] of 1953, section *Inserted by Punjab Act XV of 1954. al © Scanned with OKEN Scanner . ph. Act IV] GRAM PANCHAYAT 163 1953 ere Janchav: / . .
95. A Gram Panchayat may notwithstandi ng any power to contract jaw 10 {he contrary, respect of any area within its juris. [" the calleettert a fiction. enter info contract with Government or a local dues — os : to collect land revenue or any taxes or dues payable pody . | ., . ment or a local body on being allowed such 0 Govern collection charges as may be prescribed. os? Ye ~ ¢ ¢ ¢
(1) A Gram Panchayat may, by vote of at least Power te introduce
26. sf Panches, direct that intoxicating "7" pvo-thirds majority ¢ jiquor May not be sold at any licensed shop within the jocal area of the Gram Panchayat. a resolution has been passed under subit shall notwithstanding any resolution passed by an empowered District Board under section 5 of the Punjab Local Option Act, 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) above,
(3) Notwithstanding anything contained in the Punjab Excise Act, 1914 ror any other Act for the time being in force] and the rules made thereunder with regard 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 Excise and Taxation Commissioner is of opinion for reasons to be recorded in writing that within such local area_ illicit distillation oF smuggling of alcohol has been carried onor connived at, within two years preceding the date of the passing of such resolution, in such local area, such resolution shall not be binding upon him, unless the Government orders that it shall be so binding.
27. (1) A Gram Panchayat may, from time to time, By-laws. make by-laws consistent with this Act and with any rules made thereunder generally for carrying out all or any of the purposes of this Act. Panchayat Samitis and Gram S
1969. —- Recrsented by the Punjab Zila Parishads, nstitution and Reorganisation) Order, abhas © Scanned with OKEN Scanner 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
(c) due regard shall always be had to the social nd religions USages of the occupants of he remis entered.
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 © Scanned with OKEN Scanner of 1894 Il ef 1873, - Pb. Act IV] GRAM PANCHAYAT 165 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 from any such work. When a Gram Panchayat requires 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 concerned fail to arrive at an agreement, such Gram Panchayat ma make an application in the prescribed form Collector to acquire the land and the Collector to the L e such land under the provisions of the Land may acqui Acquisition Act, 1894. Janation.—In this Chapter the expression ‘land’ to arise out of land, and things attached manently fastened to anything attached Exp includes benefits to the earth or per to the earth.
31. The Gram Panchayat district board start, manage and regulate new fairs an markets with such conditions as to the share of income accruing therefrom as may be mutually agreed upon.
32. A Gram Panchayat shall have control of public streets, waterways, other than canals as defined in sub-section (1) of section 3 of the Northern India Canal and Drainage Act, 1873 *[or any other Act for the time teing in force] situate within its jurisdiction not being a private street or waterway and not being under the control of Government or district board or any other authority specified by Government and may do all things necessary for the maintenance and repair thereof, an may— verts 5
(a) construct new bridges or cul
(b) divert, discontinue OF close any public street, culvert or bridge ; otherwise improve any
(c) widen, open, enlarge OF public street, culvert or bridge with minito the neighbouring 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 consent of Power to manage d fairs and markets. all Power over 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, I E R
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, © Scanned with OKEN Scanner 4953 : Pb. Act IV] GRAM PANCHAYA‘ Sale 167
133. (1) A Gram Pi m Panchayat shall for the discharge Eusstional Subd cr e ° e e c ats administrati v . oO ative functions and other duties appoint Commitees an C ocal Committe es ctional Sub- +t coe Function Sub-Committees and Local Committees cee en Pact
(2) The Functional Sub-Committ } me ~~ the Pancha by assisting them with su shall strengthen sage of planning and help in executionse’ devel ned opment work.
(3) In case a Sabha area i one village, each village rail have a Local 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 considere! as Functional Sub-Committees for all purposes.] as may be prescribed to the cepar ment c ( ‘m oncerned in ‘he f schools and efficient running of the schools, hospitals and dispensaries hospitals or disper saries. in or near its jurisdiction. 21(2) The Gram Panchayat m*y contribute funds to any charitable or national cause or any work or scheme for removing distress, ‘and ameliorating the conditions of the people in the rural areas in the State-sponsored of approved by Government.] 34, *(1) The Gram Panchayat shall give such help Helpia_mainttre ance and improve~ 35, Where a group of neighbouring Gram Panchayat etablishment of areas have no primary school, hospital or dispensary, primary. schogs. the Gram Panchayats ihereof shall, if so directed by the Pensary for a prescribed authority, combine to help in establishing such group of Panchaic or Unanl dispensary we. 1 school, hospital oF Ayurved and it shall be managed in the manner prescribed: Government OF the District Board ds, as may be necessary for the purpose nchayats concerned. rescribed by Assistance Government Govern - servants.
Provided that shall place such fun at the disposal of the Gram Pa
36. A Gram panchayat Government and so far a in the performance Oo ment servant 1n area. ee $ —— ——_— _ 26 of 1960; section 8. tion (2)s added by Punjab Substituted by Punjab’ Act No sub-s2ction () and sub-se¢ to as *3:ctloa 34, rzaumb2red ; ction 7: Ast No. 26 of 1969, se © Scanned with OKEN Scanner — 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 imprisonment for more than two years, which Government 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] C i R A M P A N C H A Y A T 169 4i, Any magistrate before w h o m a complaint or panchayat 18 brought or who takes cognizance of an such offence upon his own knowledge or suspicion shall ‘ransfer the proceedings to *[a] Panchayat of competent jurisdiction :
Provided that a *[Chief Judicial Magistrate] may ror reasons to be recorded in writing transfer any criminal case from one ** * Panchayat to another ‘f * ] Panchayat of c o m p e t e n t jurisdiction or to 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, in which either the complainant or the accused is a public servant.
(2) W h e n information relating to the c o m m i s s i o n of a cognizable offence triable by a ** * Panchayat has been given to an officer-incharge of a police station, he shall forthwith send a copy of the First Information Report to the °* * Panchayat competent to try such an offence ond such °** * Panchayat shall not proceed to try any complaint relating to the same facts nor shall it issue any summons in the matter, until the officer has intimate! in writing that the investigation has been concluded. S c h officer shall send the in‘ormation to the 5* * Panchayat after the conclusion of the investigation.
(3) No criminal case shall be heard by any ** * Panchayat when a criminal case on substantially the same facts against the same person has been heard and finally decided by a competent Court or Panchayat ‘[or is pending therein]. 43, (/) Any person who wishes to institute a criminal Case before a ®* * Panchayat shall make a complaint Orally or in writing to the Sarpanch, and in his absence lo any Panch and shall at the same time pay the fee Prescribed in Schedule III: ~ ~ - _ T e m e word “ G r a m ” omitted by Punjab Act No. X LI of 1953, section
32. seu bstituted for the words ‘the Gram”? by ibid, sections 21 and
22. £1964 (Substituted for the words “District Magistrate” by Punjab Act No. 29 of 10% © Word **Gram” omitted by Punjab Act XLI of 1933, secuon I. "Added by o e omitted by pid, section
28. Transfers, Exclusion of certain cases. Cognizance of criminal cases. © Scanned with OKEN Scanner 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
Provided that n ; © Order of dismissal shall be set aside 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 TI ¢ the accused fails to appear of cannot be Proceedings ot 1953 ° ; ]
46. D0 & panch: 1% Panchayat shall report the fact fo the failure of the accused tg y, the , foun’, Magistrate. appear. neare istrate shall issue a we Magistrate hall issue a warrant for the arrest 9) The | r the accused and shall direct by endorsement on the nt that if such person executes a bond with sufficient curetics for his attendance before himself in the manner sure ded by section 76 of the Code of Criminal 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 bond the Magistrate shall order that the accused be produced in custody before the person mentioned 1n sub-section (3) *[or] the le & Panchayat on such date not more than fifteen days later as he may direct.
(5) If the accused fails to appeat before the Panchayat after executing a bond under sub-section (3) the Panchayat shall report ihe fact to the Magistrate before whom the such Magistrate shall proceed bond was executed, and L in accordance with the provisions of Chapter XLII 0: the "oe Code of Criminal Procedure, | . . rompt dispe | 47, (1) The ** * Panchayat shall, if possible, try Prom ease the day on which the a criminal case and pass orders on ch the accused appears and, if that is not possible, may; if he ts ‘re him to execute @ bond with or not already on bail, requi te at no without sureties for a sum not exceeding five hundre rupees to appear before the !* * Panchayal on any subsequent day or days to which the trial may be adjournesforfeited shall be such bond if if it were 4 fine
(2) The amount of « * Panchayat as recoverable by the J XLI of 1953, sections 13 (and 14. 1The word “Gram” omitted by Punjab Act No. 1Substituted for the word “of” by section 13 (i), ibid. © Scanned with OKEN Scanner * = 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
(c) : a ro hi Sxecute withj T 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 part 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 considers that a case is false OT frivolous or vexatious it may cal] upon the complainant to show cause why he should not pay compensation to the accused. The!* * * Panchayat shall record and consider any cause which the complainant may show and if it is satisfied that the case was false, frivolous or vexatious, may, for reasons to be recorded, direct that compensation not exceeding rupees fifty, shall be paid py the complainant to the accused.
59. No convicti be a previous conviction for 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 Judicial Magistrate], that a failure of justice has occurred, may, © his own motion or on an application of the party aggrieved, by order in writing after notice to the accused, or the complainant as the case¢ 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 competent jurisdiction or by a court of competent jurisdiction subordinate to him.
(2) A fee of one rupee shall be paid on every such application. * by Punjab Act Substituted for the word “Gram substituted for the word ‘Magistrate’ by Punjab Act N a5 ONO ‘ ubstituted for the words “District Magistrate” by Punjab Ac : 0053 Substituted for the w ord ‘Gram’ by Punjab Act No. 41 © ‘ if satisfied S 1) Ifa fine is imposed under thi | 4 . ( his Act, the 1* + compesestion. ction under this Act shall be deemed to Conviction by the 1*Panchayat not previous cOnVIC- tion. upervision of criminal proceedings by Chief Judicial Magistrate]. made by ‘[a] Panchayat or . __so<»4l © Scanned with OKEN Scanner ! 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 mentioneg hereunder shall vest in a ** * Panchayat—
(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,
(c) suits for compensation for wrongfully taking or injuring movable property, and
(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 subsection (/) 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 clause
(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 sha 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 1 © Scanned with OKEN Scanner _— | Punjab Act V of 1939. 1953: y } *
(2) to be . pp. Act IV] GRAM PANCHAYA'r 54 hayat of competent jurisdiction, 175 _ (2) Any other court before whom a snit tr ‘© * Panchayat is filed shall transfer the site to the Tranaier of suits, a 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, Panchayat Samitis a (R
(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 Agricultural 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 insolvency petition ; ;
(f) on account of any dispule or matter 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 oF 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 ©constitution and Reorganisation) Order, © Scanned with OKEN Scanner Exclusion of Panchayats jurisdiction, é 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. > | © Scanned with OKEN Scanner | p. Act IV] GRAM PANCHAYAT 177 1953 * r - ‘ intiff or defendant in any suit dies befinally decided and the right to the suit shall, subject fo the proviton 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 petition.
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 defendant admits alJ or any part of the claim, when it shall be decreed accordingly. 2) A i* * Panchayat shall restore a suit dismissed for failure to appear, if, within fifteen days from the date of such dismissal, or such further period Which for sufficient cause the !* * 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 appliion 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 © Word “Gram” omitted by Punjab Act No. XLI of 1953, section 17. © Scanned with OKEN Scanner 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 i © Scanned with OKEN Scanner 2 Act IV] GRAM PANCHAYAT 179 . pb. $953 ° ?
CHAPTER Vi IROVISIONS APPLICABLE TO JUDIC seNERAL R JUDICIAL Genel PROCEEDINGS The provisions of the Code of Criminal General. 08 66. Ns 8, the Code of Civil Procedure, 1908, and yo at proce indian pvidence Act, 1872, shall not apply to proi? oe befor ix %* Panchayats, save to the extent 10 ceed = q in this Act, but the ' * * Panchayat may C tie} “the facts of any criminal case or civil or revenue sot iI legitimate means in its power and thereafter pass suit DY der, sentence or enquity an
(2) Every ix *panchayal shall maintain a. brief memorandum of proceedings of each case tried by tt. decree as may be in accordance d good conscience. Bar to personal 1« * Panchayat shall take! 7, U No member of a oor q. © se, suit or proceeding to which he or 41S in business or neat reloyee or partner which any of them may be perhes disquali- 2) If by reason of the number of Panc fied ai sub-section (1) there remalDs ae quot the iz * Panchayat shali send the case or the ee [Chi ‘cial Magistrate or the District Judge or Viet Judie io a as the case may bé; for Collectror having Jur ith law. disposal in accordance WI . ; ri. C misé 20d
68. (1) Notwithstanding anything contained 11 a! Gecsion on ath Boe S Act or any other Jaw for the time being Ml farce, crimi- * Panchayat a within be lawful for the es 2 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 agreed upon between the P pai (2) Sections 8 to 11 of the Indian e shall apply (9 judicial proceedings Panchayat. _ _ ee 1953, section 17 'The word “Gram” omitted by Punja ‘Substituted for the words “ppistrict Magis! © Scanned with OKEN Scanner 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 | Presentation a ; ir © petition, direct the complai- Petitioner , as t ; © Case May €, to present the 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 person
(c) living beyond its jurisdiction to give evidenen or 0 roduce a document unless such a sum of money be paid (o him as 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 commission in the manner prescribed; and f a document 1s produce i in obedience to a (°) “summons issued under this section the ** * Panchaya’ shall cause the documen: to be copied, mark the copy after comparing with the original to be a true copy and return the origina] document to the person producing the same,
(2) If any person, whom the it & Panchayat summons by written order to appear or give evidence or to produce any dccument before if, wilfully ‘ails to obey such summons the 1** Panchayat may take cognizance of such disobedien¢- and after giving such person an opportunity to explain may, on conviction, sentence him to a fine not exceedin * twenty-five rupees. ; * S t shall Processes.
73. (1) Every summons issued 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 eyson on whom the summo resides. witlh iction such summons shall served resides within its jurisd shal bul cI oca ordinarily, be served by one of the chukidars Of , area bul he 2**Panchayat may in “ig discreti “ved by any other person willing 0 do so. cefendan! resides at (he outside the local area oF ay forwat t e summe” ¢ z : larea of whose Juris vides be * Panlime) If the accused or the . its j of (he issue of the summons 6 hee on the 'e*Panchaya l m S the ™ * Panchayat within the locale’’’ oy ich oe the accused ot the defendant resides and — 2 amon is ‘yal shall cause it to be serve as if if ‘ued by itself, _ ee 1The Substin “Gram” omitted by Punjab Nuted fo Seem? pid: , r the word “Gram’’ by! " unjab Act N Subst; 17 Ututed for the words ‘‘The Gram’’ by P © Scanned with OKEN Scanner 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: Or
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 allowed, 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 ! 1 ) cg ibang, whe ap ordering payment of a sum of money or th * dol i © delivor ¢ any movable property, direct or the movable property be delivenet by inoney be paid, ’ Stalments. 183 77, (1) A** *® Panchayat tent to cancel, revise or alter eng ‘a ne be compeorder passed by it in any judicial proce, dines or final ox parte decrees or orders ; and subject to the 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 judicial 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 sections shall apply V_ of 1898. the Code of Criminal Procedure, 1898, judicial proceedings under this Act :
Provided that, the fine imposed for contempt of court shall not exceed twenty-five rupees. 512, 517 and 522 of 1898, shall apply to 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 Panchayat in relation to section by 7 Y 1898, is not com- 522 of > Cri 1 Procedure, of the Code of Crimina iP rd the same to the lied wit - shall forwa Pp with, the panchayat s nen shall proceed to exenearest “[Judicial Magistrate] cute it as if it were an order passed by himself. EE ee tions 21 ct No. 41 of 1953, sec cL of 19535, ent may prescribe” a Punjab A 1Substituted for the words “the Gram’ by
22. | *The word “Gram” omitted by Punjab / epbstituted for the words ‘kept in such custody as » 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 instalments. Finality of decision. Res Judicata. Custody of money. Contempt of to Court. Conjunctive powers. © Scanned with OKEN Scanner 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. © Scanned with OKEN Scanner _ 4953: Pb. Act IV] GRAM PANCHAYAT 185
(g) income dorived from (the village fisheries i" § which 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 ° e Panchayat a portion of the land raven nar hs to every (han ten per, centum of the total annual la ane less realized within the limits of the Sabha area which shall a ne credited to the Gram Fund. $2. (1) Subject to rules made under .thi order made by Government in this behalf, Gram Panehavat om shall impose¢,—
(a) a house-tax payable by the occupier or a house is vacant, by the ore , where
Provided that if any house remains vacant for a period of one year ormore, 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 employment (other than such agriculture) in the Sabha area provide in the Sabha area tax has not been imposed 1D by any other local authority under any law for the time being in force ;
(c) if so authorised by the Government, a duty on te form of a surcharge transfers of properly int on the duty imposed by the Indian Stamp ‘astruments of sale, gilt an Act, 1899, on 10 with possession mortgage erty situated in the Sabie area at Sued ed the Governamen as may be fixed by as the case may be, value ing two per centum OM o ati th Lae nsideration e the amount of (he consic ee secured BY of tl roperty or feo sect the he Poagee, as sel forth in the instt
(c) if so authorised by the Gover tax, duty OF cess which (he Leg State has powel {o impose + 7 © Scanned with OKEN Scanner 186 GRAM PANCHAYAT [1953 : pp, Act 1y 86 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 1 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 rdD. Act iV] 95” wt the sanction of Gover ’ ith a nment and ‘ Wnditions as may be prescribed 1 eet Powe to borrow mone for ‘ : am row, Pore 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 general utility for const abitants of the said area ; provided 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; provided further, that in an0 an emergency manual labour may be come 0 t che C45 d without payment land if any person rily impose : pulso q erform such labour without sufficient 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 UNION
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 than ernment, delegate any of hi i OW to an officer thos No bacieeated fo him * Officer. Ow the rank of District Panchayat ~~ __ Add ed Chapter oe end of section 87, by Act No. XLI a 90, 9h Ite by p III consisting of sections 88, 5 unjab Act No.. 26 of 1960, section 13. ee ae ee, H Adq eq by Pun . ; 54 jab Act XV_ of 19°4- iad 4 or Ths 19¢ ~ WOrds & ” i 4, 50: specified in section 102 and 103 omitte © Scanned with OKEN Scanner 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