* REGISTERED No. D. 221 ! / i* • EXTRAORDINARY
PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 7] NEW DELHI. SATURDAY, JANUARY 23, 1960/MAGHA 3,1881 MINISTRY OF HOME AFFAIRS NOTIFICATIONS New Delhi, the 23rd January 1960 ft S K 89 —In exercise of the powers conferred by section 2 of Union Terr i - u.a.K. sra. "* g „ Q , t h c e n t r a l Government hereby extends to £ r ^ P , ^ n W t i r i t o ^ of Manipur the United Provinces Panchaya t Raj Act, 1947 m P Ac? No " f o i 1947) £ at present m force in t he Sta te of Ut ta r Pradesh, subject to the following modifications, namely: — MODIFICATIONS A. GENERAL 1 Whenever an expression mentioned in column 1 of the Table below occurs k. iS tlfr, nriless that expression is by this notification directed to be otherin the A ° k ^ ^ V ^ W n i S ? d l e d or to be omitted, there shall be substituted S o r t h e d k p r e s s i o r s l t opposite to it in column 2 of the said Table, and there hall also be S d e in any sentence in which tha t expression occurs such conse quential amendments as the rules of grammar may require.
State Government.
a State Government, the Cen t ra l Government.
a State Government, or the Central Government.
the State Government or the Central Government.
the District Board.
a District Board.
any District Board.
Gaon.
TABLE £3 Chief Commissioner.
1 the Government.
the Territorial Council.
Gram.
SPECIAL
2. Section 1.—(i) for sub-section (2), substicute- "(9\ Tt shall extend to the whole of the Union terr i tory of Manipur excepti n s any area to which the Manipur (Village Authorit ies in Hill Areas > Aet 1958, extends or which has been or may hereafter be declared BS or included in a municipality, a town area or a notified area, under any law for the t ime being in force, or which has been or may hereafter be declared as or included in a cantonment under the Cantonments Act, 1924"; - ( T6;
T THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(ii) for sub-section (3), substitute— ' "(3) I t shall come into force on such date as the Chief Commissioner may,^y ' by notification in the Official Gazette, appoint; and different dates _}•-..
may be appointed for different areas and for different provisions of the' Act."
3. Section 2.— (i) after clause (c) , insert— "(cc) 'Chief Commissioner' means the Chief Commissioner of Manipur;"
(ii) for clause (f), substitute— "(f) 'Territorial Council' means the Territorial Council of Manipur con stituted under the Territorial Councils Acts, 1956 (103 of 1956);"
(iii) after clause (k) , insert— ; . .
" ( k k ) 'Official Gazette' means the Manipur Gazette;"
(iv) in clause (m), for ' the United Provinces Land Revenue Act, 1901 or the s TJ.P. Zamindari Abolition and Land Reforms Act, 1950, or any other law', substi- . ^ ' tu te "any law". . *S_
(v) after clause (w) , insert— " (ww) 'Scheduled Tribes' means such tribes or tribal communities or parts of or groups within such tribes or tr ibal communities as are deemed to be scheduled tribes in relation to the Union terri tory under Article 342 of the Constitution of India." •
4. Section 5A.— (i) in clause ( j) , omit "or the U.P. Control of Supplies (Tem porary Powers) Act, 1947". i
(ii) in clause (1), omit "the U.P. Removal of Social Disabilities Act, 1947, or". " *
5. Section &.—(i) in the first sentence, after the words "Gram Sabha is" insert:
"declared to be a bill area under the Manipur (Village Authorities in Hill Areas) Act, 19b6, or is".
(ii) in the second sentence, for the words so included" substitute "so declax.- V ed or included". -— ••^,.
6. Section 11(1).—For the main paragraph, substitute— i "(1) Every Gram Sabha shall, hold two general meetings (hereinafter call ed the half yearly meetings) in each year, one soon after harvesting of the 'rkalen C: op' and the other soon after harvesting of the 'Poinu r Crop' to be held by the 15th May and the 15th December respectively in each year." " -;
7. Section 12(7).— (!)• after the words "scheduled castes" wherever they occur insert the words "and scheduled tribes". i
(ii) in the first proviso, for the words and figures " twenty-s ixth day of January, 1960", the words and figures "twenty-sixth day of January, 1970" shall be . substituted. i
8. Section 125.—Omit. I
9. Section 12G.—For 'State', substitute Union territory' .
10. Section 13.—For this section, substitute— i 5 "13. The Gram Sabha shall at such one half-yearly meeting as may be i prescribed consider and pass the annual estimate of income and expenditure for the following year and at the other half-yearly meet ing it shall consider the accounts of the preceding year. At both the meetings, the Gram Sabha shall consider the half-yearly re turns j of business submitted by the Pradhan:
Provided that where for any reason an annual estimate of income and expenditure is not passed by a Gram Sabha in the prescribed halfyearly meeting, such estimate may be passed by it at any subse quent meeting before such date as may be prescribed under sub section (4) of section 41." i SEC- 3 (').! THE GAZETT1 Or INDIA EXTRAORDINAR 16/3 11 Section 15.—(1) m clause (h), for "the State Government or the District board and without prejudice to the provisions of the United Proving MeJ^ Act, 1938", substitute "the Government or the T e r r i t o r i a l o W S " ?
(ii) omit clauses (i) and (t). j
12. Section 16.—(i) in clause (i), for "abadi" substitute "inhabited area";
(ii) after clause (j), insert— ;
"(jj) establishment and maintenance of primary schools for boys and g i r l s , , .
(in) in clause (k), for "an alvhara", substitute "a gymnasium.";
(iv) in clause (m), for "abadi", substitute "inhabited area",
13. Section 17.—(i) for "as defined in sub-section (1) of section 3 of the Northern India Canal and Drainage Act, 1873", substitute "excluded from the jurisdiction of the Gram Panchayat by the Chief Commissioner";
m (P- i0T " S t a t S G o v e r n m e n t " o c c ^ « n g in the first place, substitute "Govern-
(iii) for clause (e), substitute— , "(e) with the sanction of the prescribed authority, undertake small irriga tion projects;, > , °
(iv) omit the proviso.
of Hea?thCtService7^r " D i s t r i c t M e d i c a l 0 f f i c e r oi Health", substitute "Director
15. Section 19(1).—for clause (a), substitute— "(a) shall, where it establishes a primary school for boys and girls main tain the school subject to such rules as may be prescribed regarding the curriculum employment and qualifications of teachers and supervision of schools, x
16. Section 20.—(i) re-number the section as sub-section (1) of that section and in the sub-section as so re-numbered, omit "primary school or" and "school" occurring 111 two places; , scnooi • (ii) add the following sub-section:— • i , "(2) Where a group of neighbouring Gram Sab.has have no primary schools i , t Ji f P a n ^ a y a t s thereof may combine to establish and main- Lam such a school and it shall be managed and financed in the manner prescribed. The Chief Commissioner • and the Terrftorial cribed.1" * m a k e S l l C h g T a u t s ' ° r s u c h s c h 0 0 1 a s ™z? bepres
17. Section 22.-in clause (b), for "oatwari", substitute "Number",
18. Section 23.—(i) for "patwari" substitute "Numbor";
(ii) for "amin" substitute "Zilladar";
(iii) after "village stockman", insert "gram sewak".
19. Section 24.—for this section, substitute— " 2 4 ' A^Ti^f^i^^%r^ii0a^ fny a r e a W i t h m i t s Jurisdiction, S l ^ S i ' l S t E ^ * * p r e S C n b e d m a n n s r w i t h t h e Government
(a) to collect any taxes or dues payable to the Government or the local pSc°r ib td ;T n P a y m e n t ° f "UCh ™11Ccti0n G ^ S U may° be
(b) for carrying out any work MI such terms as may be agreed upon" divKorSCti°n 2 U ( i ) - ^ "^^trict", wherever it occurs, substitute "Subc J l . Section 28,-omit "within Lhe waning of section 21 of the Indian Penal r . T H E GAZETTE OF INDIA EXTRAORDINARY [PART I f*
22. Section 32(2).—(i) omit clause ( c ) ; l ^
(ii) for clause (g), substitute— « ( ^ Such portion of the rent or other proceeds of Government land utilis- • ( § ) e d f o r building purposes as the Chief Commissioner- may direct to be placed to the credit of the Grain Fund ;
(iii) in clause (k ) , for "State Government", substitute "Government".
23. Section 36 . - fo r -''State Government ' ' , substitute "Government".
?4 faction-37 U ) (a) . - f o r "section 4 of the Zamindari Abolition and Land Reforms A c t » W substitute "any law for the time being in force .
25. Section 37(1) (c).—for " theatre" substi tute "circus".
26. Section 37C, sub-section ( l ) . - f o r this sub-section substitute— "(1) The Clhef Commissioner may remit the whole or par t of any tax ,.
rate or fee levied by a G r a m Sabha. . <«*,
27. Section 39 (2) .—for "State Government" occurring in the first place, substitute "Government". !
28. Section 41, sub-section (1) .—for-this sub-section, substitute— "YIYfal Every Gram Panchayat shall prepare and lay before such half- C ) yearly meeting of the G r a m Sabha as may be--prescribed an estimate of its income and expenditure for the year commencing on the first day of April next following.
(b) Every Gram Panchayat shall prepare and lay before the other halfyearly meeting of the Gram Sabha its report, including the account of its actual and expected receipts and expenditure for t he year end ing on the 31st March last preceding such meeting.,
29. Section 42.—for "district", substitute "sub-division".
30. Section^ 49(2).—for "ules", substitute "rules made under this Act".
31. Section 52(1).—omit clauses (c) and (d ) . —->*
32. Section 52(1A).—for " (a ) to (d ) " , substitute " (a ) and (b )" .
33. Section 54(2).—for "one hundred rupees' wherever they occur, substitute "fifty" rupees". I I .
34. Section 59.—omit clause (d ) . • 35 Section 62.—for "the United Provinces -First Offenders Probation Act, 1938"] substitute "the Probation of Offenders Act, 1958".
36. Section 66.— (i) in clause (4), omit "and".
(ii) Omit clause (5).
37. Section SI.—for this section, substitute— » ••*..- "81. (1) Subject to the provisions of section 80, any par ty to a civil case or revenue case may appear before a Nyaya Panchayat either in person or by such agent duly authorised in writ ing by him as the Nyaya Panchayat may admit as a fit person to represent him.
(2) The parties to a criminal case shall appear personally before the Nyaya Panchayat : •• i
Provided that the Nyaya Panchayat may— (a") in any case dispense with the personal at tendance of the accused' and permit him to appear by his agent duly authorised in writ ing;
and
(b) in its discretion, at any stags of the proceeding exempt the personal at tendance of the accused.
T -4
(3) No stamp dttty shall he required to lie paid for any power of attorney filed under this section."
SEC. 3 (i)] THE GAZETTE OF INDIA EXTRAORDINARY
38. Section 110(2).—(i) in clause (xix-a) for "Sta te" substi tute "Govern ment" . . I
(ii) in clause (xxi i) , for "nazul land" substi tute "Government land".
(iii) in clause (xlii) , after "scheduled castes", insert "and scheduled tribes".
39. Section 110(3) .—Omit. , j
40. Section 113.—Omit.
A N N E X URE The United Provinces Panchayat Raj Act, 1947, as extended to the Union territory of Manipur. j U.P. ACT NO. XXVI OF 1947 AN ACT to establish and develop local self-Government on the rural areas of the United Provinces.
Whereas it is expedient to establish and develop local self-Government in the rura l areas of the United Provinces and to make bet ter provision for village administration and development; , I It is hereby, enacted as follows:
CHAPTER I PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called "the United Provinces Panchayat Raj Act, 1947".
(2) It shall extend to the whole of the Union terr i tory of Manipur excepting any area to which the Manipur (Village Authorit ies in Hill Areas) Act, 1956 extends or which has been or may hereafter be declared as or included in a municipality, a town area or a notified area, under any law for the t ime being 5n force, or which has been or may hereafter be declared as or included in a cantonment under the Cantonments Act 1924.
(3) It shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint; and different dates may be appoint ed for different areas and for different provisions of the Act.
2. In this Act, unless there is anything repugnant in the subject or context,—
(a) "Nyaya Panchayat" means a Nyaya Panchayat established under section 42 and includes bench thereof;
(b) "adult" means a person, who has attained the age of twenty-one years; ,
(c) "Criminal Case" means a criminal proceeding in respect of an offence triable by a Nyaya Panchayat ;
(cc) "Chief Commissioner" means the Chief Commissioner of Manipur;
(d) "circle" means the area within which a Nyaya Panchayat exercises jurisdiction under section 42;
(e) "Collector" or "District Magistrate" or 'Sub-Divisional Magistrate' , with reference to a Gram Sabha, means the Collector, District Magis t ra te or Sub-Divisional Magistrate of the district or the sub-division, as the case may, in which such Gram Sabha is constituted and shall, respectively, include "Additional Collector", "Addit ional District Magistrate" and "Additional Sab-Divisional Magistrate";
Of) "Territorial Council" means a Terri torial Council of Manipur consti tuted under the Territorial Councils Act, 1956 (103 of 1956);
(g) "Gram Sabha" means a Gram Sabha established under section 3;
(h) "Gram Panchayat" means the Executive Committee of the Gram Sabha established under section 12;
D l6/< THE GAZETTE OF INDIA EXTRAORDINARY [PART II ' . • • I
(i) "Joint electorate system" means a. system under which the electors belonging to all communities vote jointly as prescribed and not as electors of separate communities; "|
(j) omitted;
(k) "Munsif", with reference to a Gram Panchayat, means the Munsif having local jurisdiction in the area in which such Gram Panchayat is constituted;
(kk) "Official Gazette" means the Manipur Gazette;
(1) "population" means the population of a village or area as determined in the manner prescribed in this behalf:
(m) "revenue case" means a case under any law relating to land tenure triable by a Nyaya Panchayat ;
(mm) "Public property" and "public land" mean any public building.
park or garden or other place to which, for the t ime being the public have or are permitted to have access whether on payment or other- -, r wise; f -w
(n) "public servant" means a public servant as. denned in sections 21 of the Indian Penal Code, 1380 (Act XLV of 1860);
(o) "public street" means any road, street, bridge, lane, square, court, alley or passage which the public has a right to pass along, and includes on either side the drains or gutters and the land up to the defined boundary of any abutting property, notwithstanding any pro jection over such land of any verandah or other superstructure but does not include any such road, street, bridge, lane, square, court, alley or passage owned, maintained or repaired by the Government or any other local authority;
(p) "prescribed" means prescribed by this Act or rules made the re under; i |
(q) "prescribed authori ty" means am authori ty to be notified as such by the Chief Commissioner whether generally or for any particular purpose; • j
(r) omitted; i •— ^ _
(s) "Civil case" means a civil suit tr iable by a Nyaya Panchayat;
(ss) "Sub-Divisional Officer" includes an Additional Sub-Divisional Officer designated or appointed' as such by the appropriate authority;
(t) "village" means any local area, recorded as a village in the revenue records of the district in which it is situate;
(u) omitted; ; [
(v) omitted; | i
(w) "Scheduled castes" means the castes deemed to be Scheduled Castes under the Constitution of India; i
(ww) "Scheduled Tribes" means such tribes or tr ibal communities or parts of or groups within such tribes or tribal communities as are deemed to be scheduled tribes in relation to the Union terr i tory under Article 342 of the Constitution of India.
CHAPTER II r • ^ tab- ESTABLISHMENT fiJTB CONSTITUTION OF G E A M S A B H A S
3. Establishment and constitution of Gram Sabhas and their jurisdiction
(1) The Chief Commissioner shall, by notification in the Official Gazette, esti hsh a Gram Sabha for every village or group of villages. , r J 2 ' Tfis Chief Commissioner shall declare the name and the terri torial jur is diction o± the Gram Sabha in the notification mentioned in sub-section (1), and may a., any time, hy notification in the Official Gazette, either on his own motion SEC, a (i)] THE GAZETTE OF INDIA EXTRAORDINARY \ \ ^ / l 6 / 7 o r 0 / a Gram Sabha a,-or the - ^ ^ S & ^ ^ K ^ T c i d S l ^ S S l f f l ' S S ^ I y ^ ^ i S S ' S . - M M •» . change.
(3) Where to ™ ^ | » - f ^ T ^ ! M ^ . " S S S 'to J S jurisdiction o£ a Gram fsltoll. s " .gLfSJ i Mders nSufi'under this or any other b S S ^ ^ ' S ' w ^ ^ ^ ^ l - a S t a ot the aforesaid Oram Sabha.
S S f f l T S l 1 ^ "o t l ie iwk hltSo • S o i r - a d S r u ^ and transfer property both movahle a id immovable, and to enter into any contract, and shall, by the sa.d name, sue or be sued.
5. Membership of Gram Sabha (I) A Gram Sabha .hall consist £ * ^ g g ordinarily resident within the area for winch it is established but a person snail be disqualified for being a member of the Gram Sabha if he—
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court.
m A nerson shall be deemed to be ordinarily resident in a village if h e has been o r t a n T r e f t d i U in s u A village or towns, or is in possession of a dwelling house therein, ready for occupation.
1 A Disaualiiication for holding office under Gram Sabha or Nyaya Panc h a y a t - A person shall be disqualified for being, chosen, nominated or appoint ed to 'and for holding any office in the Gram. Sabha or t he Gram Panchayat, or the Nyaya Panchayat constituted under section 42, it h e - fa) is for the time being not a member of the Gram Sabha concerned,
(b) holds any office of profit under the Government or a local authori ty other than a Gram Sabha or Nyaya Panchayat,
(c) is a salaried servant of a Gram Sabha or a Nyaya Panchayat ,
(d) has been dismissed from the service of the Government or a local authori ty or a Nyaya Panchayat for misconduct,
(e) is in arrears of any tax, fee or ra te due by him to the Gram Sabha for such period as may be prescribed,
(f) is suffering from leprosy.
(g) is an undischarged insolvent,
(h) has been convicted of an offence involving moral turpitude, m bag been ordered to give security for good behaviour under section 109
(i) h a s t e n m a ^ t o ^ Cv{minsl P r o c e d u T e , 1893 (Act V of 1898), fil has been sentenced to imprisonment for a term exceeding six months U) or to transportat ion for contravention of any order made tmder t h e Essential Supplies (Temporary Powers) Act, 1946 (Act XMV of 1946),
(k) is convicted of an. election offence,
(1) is convicted under the Untouehability Offences Act, 1955,
(m) is blind or dumb, or
(n) has been removed from office under sub-clause (iii) or <iv) of clause (<*) of sub-section (1) of section 95 unless such period as has been provided in that behalf in the said section or such lesser period as the Chief Commissioner may have ordered in any paticular cas !
lias elapsed:
Provided that the period of disqualification under clauses (d) , (g) , ( h ) , ( i ) , ( j ) , (k ) , qr (1) shall be five years from such date as may &e prescribed:
8n J __^8/ T H E GAZETTE OF INDIA EXTRAORDINARY [PART II P l ' O V i t a y S e I 5 e r o ^ 4 h ; s . d i S q U a l m r a t i < ' n m t e ^ " <•> * » » =ease upon _ ̂
Provided also that a disqualification under clauses (d) ' C I (h i in n f s h a u i o f t ' s s tr„^sntcprih P™di™r= r i m e m b f °f a * • » s»»>- of age. o s e n a s rtadhan u n l e s s he is not less than 30 years to be ? Z S e r ° ^ e m b e r S h i p - ^ A ™ ^ ^ °* a Gram Sabha shall cease . ^
(a) he is disqualified under section 5 ( b ) t h the a r Gram h e s !bh e a ; ' o r 1 " 6 3 h a s ^ 6 X C l u d e d f r o r a * • jurisdiction of ( C ) h Gram T a b h l - 1 0 ^ ^ ^ r e s i d e f w » the jurisdiction of the section C l T L X r e ? ^ D ^ V a S ^ ? * S r l * S a b h a » » * * « * " < elected, nominated or a p p o s e ! & S S m « 5 f S ^ f ^ . S ^ S ^ **" whether a ' p e r s o n T a s ^ S m e s u b f e c f S l f ^ f ^ ^ « U e s t i o n « * « • as to 5, 5-A o r 6-B or in s u b S S i o n m J ^ disqualification mentioned in sections to the prescribed authority for thJ *Ls?Ctl0n <>>**"* question shall be referred result of any appeal a r 2 y be ^ S f t S f 1 b ^ « ^ d e ? J S n s h a l l >-subject to t S shall, if necessary, be s t r u L ^ / ^ m ^ e r l g g g o T ' m e m b e T s ^ ° f t h e P 6 r S ° n V. Omitted.
Munid&el, 2 S S t h e ^ S ?e of S ^ ^ ° ^ h e ™ °^ a G — * * t a in a hill area a i d e r the M a n J u r f v , S A™5 °f-+ & G r a m T S a b h a i s declared to be is included in a munic pafit? cantonmpni^ w ^ 3 m H l 1 1 A r e a s > A c t ' 1956, or Sabha shall cease ^ S ^ ^ t e T i S ^ S J i f ? 0 * ^ 6 ^ ? ^ . 0 1 t o w n a r e a - th? Garrn prescribed. If a par ; of s u c h ? « £ t ! f b i l l t l , e s s i a I 1 b e disposed of in the manner be reduced by that part. & 1S S ° d e c l a r e d or included, its jurisdiction shall < - ^ R l & i 4 f ^ ^ ^ ^ % e % e ^ ^ ? ^ ° t > gBun Sabha the p r e s ^ all persons ordinarily residing K t S h P t E ^ i f J S f ? " ^ ^ . p r e s c r i b e d form, of such register shall, among o t W t H n S i S S * ^ ? 1 o f s u d l G r a m S a b h * ^ d entitled under section T 2 f be af mPmhf ' f ^ " r . t h e n a m e s o f every person establishment. The register so p?e?arecl 3 ™ f t 6 * ? 3 ™ • ^ ^ <?n t h e d a t e o f i t s W the manner prescribed. s p a r e d shall be revised at least once a year of a Gram Panchayat, any dispute o r . f i f t » G r a m S a b 1 1 ? a o r i n t h e working of any provision of ̂ Sl^r%^J^T^^^t XTXdmg t h e ^ ^ t a t i o n out of or relating to such i n t e rna lL HZ, ™ thereunder or any matter arising the same shall b e r e f e r r e d to-^tf i r w J r ^ J m a t t e r n o t P r i d e d in this Act, shall be final and conclusive e i Commissioner whose decision thereon (
CHAPTER III THE G R A M SABHA: ITS MEETINGS AND FUNCTIONS ^ m e l i ^ ^ ^ ^ T J e t t t r i B f ^ f ^ G r ^ a D h a shall hold two general after r farvest in^of the K l » & n ^ : 7 ^ m^tmSS) m each year, one soon •Poinu Crop " t o b V h l l d ^ t h ^ l r f a f L d ^ ^ I ^ h f ™ t o S o f the m each year: • y a n J t h e l o t n December respectively Sabha shall be published in fee prescriblcf manner? ""eetmgs of the Gram SFC. 3 (ijj THE GAZETTE OI INDIA EXTRAORDINARY V _ ^ - " i 6 / g
Provided further that where the Pradhan fails to call a meeting as afore said the prescribed authority may do so within a period to be prescribed.
(2) For any meeting of the Gram Sabha one-fifth of the number of members shall form the quorum; provided that no quorum, shall be necessary for a meet ing adjou:ned for want of quorum.
11-A. Pradhan and Up-Pradhan of Gram Sabha.—There shall be a Pradhan and a Up-Pradhan of the Gram Sabha.
11-B. Election of Pradhan.— (1) The Pradhan shall be elected by the memhers of the Gram Sabha from amongst them in such manner as may be pres cribed.
(2) Subject to the provision of section 12-H, the term of office of the Pradhan shall be 5 years or, if the Chief Commissioner so declares by notification in the Official Gazette, such longer term not exceeding 6 years as h e may fix.
(3) The declaration under sub-section (2) may be notified before the expiry of 5 years aforesaid, or, where the te rm has been enlarged, before the expiry of such enlarged term.
11-C. Election of Up-Pradhan..— (1) The U p - P r a d h a n of the Gram Sabha shall be elected annually by the -Gram Panchayat from amongst its members in such manner as may be prescribed.
(2) The te rm of office of Up-Pradhan shall be one year from the date of his election.
11-D. Prohibition of holding office simultaneously in Gram Panchayat, Nyaya Panchayat and in more than one Gram Sabha.—No person shall simultaneously hold any office—• j
(a) both in the Gram Panchayat and Nyaya Panchayat , or
(b) in more than one Gram Sabhas, and the rules may provide for the 'vacat ion by a member who is so chosen to two such offices under sections 11-B or 11-C above of one or the other office.
12. Establishment and constitution of Gram Panchayat.— (1) As soon as may f 1 after its establishment, every Gram Sabha shall elect from amongst its mem bers an Executive Committee called the Gram Panchayat .
(2) The number of members of a Gram Panchayat -shall be such as may be p-escribed and the Pradhan shall be ex-officio member thereof. The Pradhan and the Up-Pradhan shall also be ex-officio Pradhan and Up-Pradhan of the Gram Panchayat .
(3) Subject to the provision of section 12-H, the te rm of office of a member of a Gram Panchayat shall be 5 years, or, if the Chief Commissioner so declares by notification in the Official Gazette, such longer term not exceeding 6 years as he may fix.
(4) The declaration under sub-section (3) may be notified before the expiry of 5 years aforesaid, or when the term has been enlarged before the expiry of such enlarged term. I
(5) The area of a Gram Sabha may be divided by the prescribed authori ty into such number of constituencies as may be convenient for the purpose of election.
(6) The election of the members of a Gram Panchayat shall be held on joint electorate system in such manner as may be prescribed and the rules may p ro vide for the payment of fees.
(7) Seats shall be reserved for scheduled castes and scheduled tribes in the Gram Panchayat and the number of seats so reserved shall bear as nearly as may be the same proportion to the total number of seats in the Gram Panchayat as, the population of the scheduled castes and scheduled tribes in the area of the Gram Sabha bears to the total population of such area:
Provided that this sub-section shall cease to have effect on and from the twenty-sixth clay of January, 1970:
l 6 / i o THE GAZETTE OF INDIA EXTRAORDINARY [PART II *»*
Provided further that nothing in the preceding proviso shall effect any .
representation in a Gram Panchayat until the dissolution thereof:
Provided also that for purposes of determining the due representation of Scheduled Castes and Scheduled Tribes in any Gram Panchayat any person elected to a seat reserved for such castes but who may have been subsequently appointed to the Nyaya Panchayat under section 43 shall be taken into account.
(8) Where a Gram Sabha has failed to elect the full number of members prescribed under sub-section (2) it shall be called upon to elect the remaining number of members, but if it again fails to elect the full number of remaining members it shall be lawful for the Chief Commissioner or such authori ty as m a y be prescribed to fill in the seats so remaining vacant by nomination from amongst the members of the Gram Sabha and any member so nominated shall be deemed to have been duly elected. . i 12-A. Number of persons to be elected for Gram Panchayat and Nyaya Panchayat.—For the purpose of electing members of a Gram Panchayat, the Gram Sabha shall elect from its members such number as shall exceed by five (or if any lesser number is fixed in any case as shall exceed by such number) * * the number prescribed under sub-section (2) of section 12 but only such of them as remain after the prescribed authori ty has selected five persons or such lesser number as aforesaid under section 43 for membership of the Nyaya Panchayat shall be members of the Gram. Panchayat .
12-B. Omitted. I 12-C. Application for questioning the elections.— (1) The election of a person as Pradhan "of a Gram Sabha or as member of a Gram Panchayat including the election of a person who may be appointed as a Panch of a Nyaya Panchayat under section 43 shall not be called in question except by an application present- * ed to such authority within such time and in such manner as may be prescribed on. the ground that— i
(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed a t the election, or
(b) that the result of the election has been material ly affected—•
(i) by the improper acceptance or rejection of any nomination; or
(ii) by gross failure to comply wi th the provisions of this Act or the rules framed thereunder. i
(2) The following shall be deemed to be corrupt practices of br ibery or undue influence for the purposes of this Act:
(A) (1) Bribery, that is to say, any gift,, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person whomsoever, with the object, directly or indirectly, of inducing— '
(a) a person to stand or not to stand as, or to wi thd raw from being a candidate at an election; or
(b) an elector to vote or refrain from voting at an election; or as a '***--- reward to—
(i) a person for having so stood or not stood, or for having with drawn his candidature; or i
(ii) an elector for having voted or refrained from voting, (B) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate wi th the free exercise of any electoral right:
Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who—
(i) threatens any candidate, or any elector, or any person in -whom a candidate or an elector is interested, with injury of any kind including social ostracism and ere-communication or expulsion from any caste or community; or SEC- B ft] TK1 GAZl/TE OF INDIA EXTRAORDINAR
(n) induces or attempts to induce a candidate or an elector to believe hat he or any person in whom he is interested will become ol will be rendered an object of divine displeasure or^pirituaf cen sure shall, be deemed to interfere with the free exerSse of the liteffuse* °f S U C h C a n d l d a t g ° r e l G C t 0 r W l t h i " ^ m e l n m g ' o f
(3) The application under sub-section (1) may be Dresenfpd W a™ n̂,-, WJ * Sibed.e i ec t ion or any eiector and shau «»** ^"ssssis^oss^s;
Expkmatton.-Any person who filed a nomination paper at the election whether such nomination paper was accepted or rejected shall S deemed to be a candidate at the election. lejeciea, shall be in the S f t t e r ^ f - ^ ^ W h ° m ^ a p p K c a t i o n u n d e r sub-section (1) fa made shall ( i > hehe£lng? t h G a p p i i c a t i o n a n d t h e Procedure to be followed at such
(ii) setting aside the election or declaring the election to be void or declaring the applicant to be duly elected or any other relief that aTma? ffSSASf PStltl°ner' W «"* ^ s ^ £*SS ,„i ( 5Lf^ l t h/ ,Uw? r e j U d i c e t 0 t h e S&iermty of the powers to be prescribed under sub-section (4) the rules may provide for the summary hearing and disnoS rtZ application under sub-section (1). e d n c i msP°sai of an he final and conclusive and shall not be questioned in any Civil Court ?^e U b S b 1o b ?e° r p e r e S s S b e^ t h 0 r i t y M " ^ b e » • * « » * - A h V . & S S
(2) Any member who declines or otherwise refuses to make and subscribe an oath or afhrmation as aforesaid shall be deemed to have vacated t " r t h vJ'tI;r B,esiS^tion.-A Praclhan, Up-Praclhan or a member of a Gram Paneha yat may, by writing under his hand addressed to such authoritv aa mm hl^SSS eribed, resign his office and his office shall thereupon Lcome vacant Y ** P eS~ inthe manner, as far as may be, provided in section 11-B, 11-C or 12, °as the S S ^ i ^ l S ^ ^ ^ t ^ ^ t ^ j ^ ^ TuZsr ba'7t-No C i v i l C o u r t given by an officer or authoHfS™™7»f£? , ̂ » a ^" a!rtl0n t a k e n o r a ny decision Conduct of eleSions thSSndS. * P p o m t e d U H d e r t h l s Act> » connection with the i h e ' p r i d S a a S ^ S S S S b ^ 8 U p ~ P r a t o l 3 h a i l « « « * * such powers o* ^ t a l ^ t a f f i "^i y?:P^w.~Notw£tnstandtag any- Up-Pradhan shallContinue £ offiS untiffjw n ~ B £ °f n " C t h e P r a d h a n ^ d -i-— m omce until then- respective successors are elected.
o ~ , T H E GAZETTE OF INDIA EXTRAORDINARY [P«flMC[ meeting as may be prescribed considei and pass tne ann meeting it - ^ and expenditure for the ^ ^ W ^ J ^ ^ S ? At both the meetings, the ^ ] £ £ 3 3 ? ^ c S ^ t h l £ & J H ? S > K of business submitted by the Pradhan:
Provided that where tor any ™ ^ ^ ^ ^ t ^ S S ' ^ S " ^ be prescribed under sub-section (4) of section 41.
14. Removal of P » g a . or ^-PraclUan ^e ^ * $ ^ * £ £ $ S g specially convened for the E g g ™ " £ W J . g S f e j b y T majority o? two-thirds of ff.SMSSSS^^SaSSS; t o ^ e followed at the meetmg shall be such as may be prescribed.
CHAPTER IV POWERS DUTIES, FUNCTIONS AND ADMINISTRATION OF G E A M PANCHAYATS ^ -for— !
(a) construction, repair, maintenance cleansing and lighting of public streets;
(b) medical relief; ' . ' • (c) sanitation and taking curative and preventive measures to remove and to stop the spread of an epidemic;
fdl uokeep protection and supervision of any buildings or other Property <d) U P w h k h may belong to the Gram Sabha .o r which may be transferred to it for management; • - l
(e) registering births, deaths and marriages, and maintenance of the r e gister mentioned in section 9.
(f) removal of encroachments on public streets, public places and property vested in the Gram Sabha; "%~ Cg) regulating places for the disposal of dead bodies and carcasses and of other offensive matter;
(hi regulation of melas, markets and hots within its area, except those managed by the Government or the Territorial Council.
(i) omitted.
fi) establishment, management and care of common grazing grounds and 3 land for the common benefit of the persons residing within its juris diction; .
CIO construction, repair and maintenance of public wells, tanks and ponds ™ r the supply of water for drinking, washing and bathing purposes, and regulation of sources of water supply for drinking purposes; * _
(1) regulating the construction of, a new building or the extension or a l tera tion of any existing building;
(m) assisting the development of agriculture, commerce and industry;
(n) rendering assistance in extinguishing fire and protecting life and pro perty when fire occurs; '
(o) the administration of civil and criminal justice;
(p) the maintenance of such records relating to the cattle census, popula tion census and other statistics as may be prescribed.
(q) materni ty and child welfare;
(r) allotment of places for storing manure and for tanning and curing of r - hides;
(si fulfilling any other obligation imposed by or under this Act or any other law on a Gram Sabha;
,. T U E GAZETTE O r INDIA EXTRAORDINARY SEC. 3 {i)\ ^ ^ = = = _ _ _ =!T^^^^^^^~PaBcha,"t may al£0 make PIOVlslon W l t M n ( S S p S ^ d ' S n t a i n t o g trees at the sides of public streets and in other •DUblic places;
A v,roPriiTiP and medical treatment of cattle and prevention ( b ) ^ t ^ ^ f ^ ^ A ^ ^ T r ^ t ^ c e of pedigree bulls;
(c) filling in of insanitary depressions and levelling of. land;
S o r g a n L g , sublet to ^ « « £ £ p ^ ^ f ^ ^ V S a S r ^ e ^ h a r ^ e i T S ^ c S £ d f o / t h e service of summons and notices issued by them; ,,*«„• -U„K™
(e) a s s i s t and a d d i n g •£$>£* **% g J S S & S S t ' f f i S f S S T l l u S o n ' o ? S ' S ^ J S i a r t a ^ e s t a b l i s h m e n t of sound'credit system according to law:
(f) development of co-operation and establishment of improved seed and implement stores;
(^ relief against famine or other calamity;
(g) lenei aga Territorial Council for performance (0 e x t e n s t o, the inhabited area and provision for house sites lor weaker section of the public;
(3) establishment and maintenance of a library or reading room (-,•) establishment and maintenance of prrmary schools for boys ( k ) establishment and maintenance of a gymnasium or dub or other place v ' j. recreation and games;
• K n B *rt nrnmote Goodwill and social harmony bet-(n) setting up organisation to promote gooaw ween different communities, fo) Public radio sets and gramophones;
to; yuuxiv «„WM« „«ti+v calculated to promote the inoial W ^ S 3 S 1 & S £ £ < £ & £ & t A villagers;
,„ , with the previous sanction g . ^ J ^ t o ^ ^ x g ^ d o ^ j - g ' ^ | e ^ o ! a S e " e S . s t t n ^ C w 1 K , I « S e i u l l S d i c U o n at the Gran, ( r ) a fe lo ing o« anything ^ « g ~ J S ^ - * ^ ^ « ? S f ^ « S S ^ < S 3 3 ? S S S J ^ ^ f f E S S « S 3 3 . * & « » on the fund of the Gram Sabha; and
(a) making arrangements for the seizure and disposal of stray cattle, stray doss wild animals and monkeys.
W Pou^r of Gram Panchaya* as to pubUc ^ « £ « ^ * V J f e r S £ m«,£eJ.-A Gram Panchayat shall have control of aU puhhe sheets, ^ ^ .
other than canals excluded from the ^urrsdiction oi b ft p r i 3 S ^ d ? X S > a i , 3 « £ & * £ ? S r j S K J ? S repair thereof, and may— (al construct new bridges or culverts;
CD) divert, discontinue, or close any public street, culvert 01 bridge, c widen open enlarge cv otherwise improve any public street, culver, or"bridle with mmimum damage to the neighbouring fields;
(d) deepen or otherwise improve waterways, 'lfyU THE GAZETTE OF INDIA EXTRAORDINARY [PART II W
(e) with the sanction of the prescribed authority, under take small irriga tion projects; *"*&*
(f) cut any hedge or branch of any tree projecting on a public street;
(g) notify the setting apart of any public, watercourse for drinking or culinary purposes, and prohibit bathing, washing of clothes and ani mals or doing of other acts likely to pollute the bourse so set apart SFXArffiS^1* financial P0SItion S^^SASSlSS
(a) to close remove, alter, repair, cleanse, disinfect or pu t in good order any latrine, urinal, water closet, drain, cesspool or other receptacle filth sullage-water, rubbish or refuse pertaining to such land ov building or to remove or alter any door or t rap or construct anv dram for any such latrine, urinal or water-closet which opens on to a street or dram, or to shut off such latrine, urinal or water-closet bv a sufficient roof and wall or fence from the view of S o n s Sas.in'I by or dwelling m the neighbourhood; persons passing
(b) to cleanse, repair, cover, fill up, drain off, deepen, .or to remove water i o T i L V T l V a t \ W Z 1 1 ' ^ ^ - ^ s e r v o i r , pool, pit, depression or e ^ a v a t on therein which may appear to the Gram Panchayat to be i r iu r f ous to health or offensive to the neighbourhood; j
(c) to clear oil any vegetataion, undergrowth, prickly pear or shrub-jungle;
(A) to remove any dirt dung, night-soil, manure or any noxious or offen sive mat ter therefrom and to cleanse the land orLti^g;
^ei / ices against the said notice who may vary, set aside or confirm it F t a S h ^ S f c * * " " * * ^ i m ^ ° ^ m ^ of schools and hospitals.-^!) A Gram i ( S ) 5hSk S i 6 ? * , 1 * f s t a ^ i s ^ s a pr imary school for boys and girl, m a n ? * tain the school subject to such rules as may be prescribed meSdtoe S s i o r S ^ & r ^ ™ 1 1 * a n d q U a l i f i c a t i - o f P t e ach2 r a nd & supe n r S
(b) shall, subject to such rules as may be prescribed regarding the <»h,i, S 1 6 ' ^ t maintenance and supervision, main t l in any exfst n r S S l Unani hospital or d i ^ £ S £ X S m P a n S a y l f a t t ^ T f • f H ° m e 0 p a t h i c o r the prescribed authority, combine to ^ S 5 M 1 hereof shall if s o directed by dispensary, and it shall be m a n n e d and Pntncf^^t^1"1 SUCh a h o s p i t a l o r Chief Commissioner and the S w r S ^ v. " manner prescribed. The hospital or d i s p e i ^ i F i ^ y t e S S r S S L ^ m a k e * " * g l ' a n t s ' f o r s u c h school and it shall be m a n a g e ? Ld ff eld f n ^ l h ? 1 5 ™ / ^ m a m t a i * such a Chief Commissioner and ftp T = r H t v ? n ™ • , m , *^e ™ai™er prescribed. The school as may be prescribed. l e r r i t o m l Council shall make such grants for sucfr - cribbed £ * £ ? C h £ C c I e n S S / e r y r f e * ^ A G r a m p ^ h a y a t shall, if s o pres e n t servant in fl£ p e S m a S ^ o f ^ S , £ S ^ W S " * 1 * a S s i s t ^ ^ •<, meg of his duties wiihin T ^ ' a r e a / ^ " " " W ™ m " :
SEC. 3 (i)j «• THE GAZETTE OF INDIA EXTRAORDINARY I \ I 16/15
22. Representations and recommendations by Gram Panchayats.—A Gram Panchayat may make to the proper authority—
(a) any representation concerning the welfare of the persons residing within its jurisdiction, and
(b) any recommendations as to the appointment, transfer or dismissal of a patrol of the irrigation department. Numbor or lekhpal, village chowkidar or mukhia serving in any area within the jurisdiction of such Gram Panchayat.
23. Power to enquire and report about the misconduct of certain officials,— On receiving a complaint from any person residing within the jurisdiction of a Gram Panchayat about any misconduct in the discharge ,of his official duties by any Zilladar, process server, vaccinator, constable, village chowkidar, Numbor, patrol and Tube-well operator of the Irrigation Department, forest guard, forest chowkidar, teacher of a pr imary school, pound keeper, vil lage stock man Gram Sevak or peon of any Government Department , such Panchayat may, if there be prima facie evidence, forward the complaint to the proper authority with its own report. The authori ty shall, after such fur ther enquiry as may be required, take suitable action and inform the Gram Panchayat of the result.
24. Power to contract for collection of taxes and other dues for proprietors.— A Gram Panchayat may, in relation to any area within its jurisdiction, enter into a contract in the prescribed manner wi th the Government or any local authority—
(a) to collect any taxes or dues payable to the Government or the local authority upon payment of such collection charges as may be pres cribed; or
(b) for carrying out any work on such terms as may be agreed upon.
25. Staff,—(1) A Gram Panchayat may appoint such staff (other than the Secretary) as may from time to t ime be necessary:
Provided that it shall not create any post not already provided for in the budget except with the previous approval of the prescribed authori ty:
Provided further that it may in an emergency create any such post and make appointment thereto' without such approval, bu t its intimation shall be sent forthwith to the prescribed authori ty and the post including the appointment ~„iereto shall terminate if the prescribed authori ty does not approve creation of the post.
(2) The power to appoint, punish, discharge, dismiss or control a servant of the Gram Sabha other than a Secretary shall be vested in the Gram Panchayat , but the Gram Panchayat may delegate to such officer, subject to such condition and restriction as may be prescribed, the power to impose any punishment other than discharga or dismissal.
(3) An appeal from an order punishing, discharging or dismissing a servant shall lie—
(a) to the prescribed authori ty where such an order is passed by the Gram Panchayat, and
(b) to the Gram Panchayat, where such an order is passed by an officer to whom such powers have been delegated under sub-section (2).
(4) The prescribed authority may, subject to the conditions as may be prescribed, transfer any person from the staff of one Gram Panchayat to the staff of an;/ other Gram Panchayat or group of Gram Panchayats within the same sub-division and the Chief Commissioner may similarly transfer any such person from one sub-division to another,
(5) A N.yaya Panchayat may with the previous sanction of the prescribed authority appoint persons on its staff in the manner prescribed. Persons so appointed -mall be under the 1 Irninistrative control of tha prescribed authority, who shall have power to transfer, punish, discharge or dismiss them.
(6) Appeal shall lie from an order of the prescribed authori ty punishing, dis charging or dismissing a person under sub-section (5) to an authori ty appointed m this behalf by the, Chief Commissioner.
\ J 16/16 SP THE GAZETTE OF INDIA EXTRAORDINARY [FART II 25-A. Appointment, leave and dismissal, etc., of Secretary.—(1) Subject to such directions including directions regarding payment from the Gram fund o± •-- his salary, allowances and other dues, as the Chief Commissioner may give, there if shall be appointed by such authori ty as_may be prescribed a Secretary for every Gram Panchayat or a group of Gram Panchayats. The Secretary so appointed shall also be ex-officio Secretary of the Gram Sabha or Sabhas concerned.
(2) The Secretary shall, in the mat ter of leave, promotion, transfer, dismissal, removal and other disciplinary action be under the administrative control of the prescribed authority aforesaid which shall exercise its powers and functions m the manner prescribed:
' Provided that an order of the prescribed authori ty removing or dismissing a Secretary shall be appealable within a period and in the manner, to be prescribed to the District Magistrate, or if any other authori ty is prescribed m this behalf to such other authority. i . .
26. Eight of individual members.—A member of a Gram Panchayat may, at any meeting, move any resolution and put question to the, P radhan or Up-Pradhan ^ on matters connected with the administration of the Gram Panchayat in the manner prescribed.
27 Penalty for causing loss, waste or -misapplication of money or property of the Gram Panchayat.—(1) Every member of the Gram Panchayat, any joint committee or any other committee constituted under this Act shall be liable for * the loss, waste or misapplication of any money or proper ty belonging to the Gram Panchayat, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct, while a member of the Gram Panchayat, joint committee or other committee, and a civil case for compensation may be instituted against him by the Gram Panchayat with the previous sanction of the prescribed authority.
(2) If the prescribed authority sanctions the institution of a civil case under sub-section (1), or refuses to grant the sanction, the member concerned, or the Gram Panchayat, a s - the case may be, may, within 30 days of such sanction or refusal, appeal to the Chief Commissioner or an appellate prescribed authority against the said sanction or refusal.
(3) The Chief Commissioner may institute a civil case mentioned in sub section (1) on his own initiative. — - ^
28. Member and servants to be -nubile servants.—Every member or servant of a Nyava Panchayat a Gram Panchayat, a joint committee or any other com mittee constituted under this Act shall be deemed to be a public servant.
29. Committee.—Subject to the prescribed conditions, a Gram Panchayat may establish a committee to assist it in the discharge of any specified duty or class of •duties and may delegate to such committee such of its powers as may be necessary for the purpose of rendering such assistance.
30. Joint Committee.—(1) Subject to such, rules as may be prescribed, two or more Gram Sabhas may combine by means of a wr i t ten instrument to appoint a joint committee consisting of their representatives, for the purpose of t rans acting any business in which they are jointly interested and may—
(a) a delegate to such committee power, with such conditions as the:/ may ' think proper to impose, to frame any scheme binding on each such Gram Sabha as to the construction and maintenance of any joint work and as to the power which may be exercised by any such Sabha in relation to such scheme; and
(b) frame or modify rules regarding the continuation of such committee and the term, of office of members thereof and the method of conducting proceedings and correspondence.
(2) If any difference of opinion arises, between the Gram Sabhas. acting trader this section, it shall be referred to the prescribed authori ty whose decision thereon shall be final. . ' " §1. Delegation.—AH the duties, powers and functions of the Gram Sabha except those specified in Chapter III and sections 30 and 41 shall be exercised, performed- or discharged by the Gram Panchayat. and not otherwise.
SEC. 3 (i)| T H E GAZETTE OF INDIA EXTRAORDINAR
CHAPTER V ACQUISITION OF LAND, G R A M FUND AND PROPERTY
32. Gram Fund—(1) There shall be a Gram Fund for each Gram Sabha and tha same shall, subject to the provisions of the annual estimate of income and expenditure passed under section 41, be utilised for carrying out the. duties or obligations imposed upon the Gram Sabha or the Gram Panchayat or any com mittee thereof by this or any other enactment.
(2) The following shall be credited to the Gram Fund:
(a) The proceeds of any tax imposed under this Act.
(b) All sums handed over by the Chief Commissioner to the Gram Sabha.
(c) Omitted.
(d) All sums ordered by a court to be placed to the credit of the Gram Fund.
(e) All sums received under section 104.
(f) The sale-proceeds of all dust, dirt, dung o r refuse including the dead bodies of animals, collected by the servants of the Grarn Panchayat .
(g) Such portion of the rent or other proceeds of Government land utilised for building purposes as the Chief Commissioner may direct to be placed to the credit of the Gram Fund.
(h) Sums contributed to the Gram Fund by the Terri torial Council or other local authority.
(i) All sums received by way of loan or gift.
(i) Such other sums as may be assigned to the Grarn Fund by any special or general order of the Chief Commissioner.
(Is.) All sums received b y the Gram Panchayat from any individual or • corporation or the: Government under section 24 or any other law.
(3) Nothing in this section shall affect any obligation of a Gram Sabha arising from a t rus t legally imposed upon or accepted by it.
<w Pnuier to accmire land.—Where a Gram Sabha or a number of Gram Sab3hasPOXch t 0haaveq i tcombin,d under the Provisions o p t i o n 20 or 30 require a g?eemen? y such G r a m ' s a b h a or Gram Sabhas may make ? < g 0 g * £ ^ * * prescribed form to the Collector to acquire the land and the Collector may acquire such land for such Gram Sabha or Gram Sabhas.
Faralanation—In this chapter the expression "land" includes benefits to P arise out o£ land, and things attached to the ear th or permanent ly fastened to anything attached to the earth.
tio 34 Property vested in the Gram Sabha.-U) Subject to any special reservai o f m a d - by the Chief Commissioner, all public proper ty situated within the tion p-}aY\ "f. Pr-im Sabha shall vest in and belong to the Gram Sabha and s h a l f with* ail o t S r T r o l S ^ w M c T S y become vested in the Gram Sabha, be under his direction, management and conirol.
CS\ Ml markets and fairs or such portion thereof as are held unon public land shall }be m££gedI and regulated by "the Gram Panchayat and. the Gram Sabha shall receive to the credit "of the Gram Fund all dues levied or imposed in respect thereof.
•SK ™*nn*hl nt Cltiimi —Where anv dispute arises as regards the ownership of i n y ^ r o er v ° L S i i o n e d m i c t i o n 34 between a Gram Sabha and any person S ; 7 n m Panchayat shall give such persons a reasonable opportunity oi being b e a r d e d then der ide whether to t reat the said property as the proper ty ot the Gram Sabha.
•irt Power to borrow.—With the sanction of the prescribed authority and subject to s u S conditions as may be prescribed a Gram Sabha may borrow money from the Government or any other Gram Sabha to carry out any of the purposes of this Act.
THE GAZETTE Of INDIA EXTRAORDINARY [PART II
37. Imposition of taxes and fees.~-(l) Subject to the rules made or (HnarKtnfeP' given^or restrictions ,mpoSed by the Chief Commissioner a Gram Sabha m a f ( a ) ^be^ricnuh'ed n n X 1 ^ 3 ! t "5 e a"d interest of intermediaries have f nem. acquired under any law for the time being in force a tax on land pa0yaeb!eege?&orf *** * 3 r U P £ G ° n t h e ^ ™ * r i *** -venue Pr°Vid +v,J^if W h e r e ^ , l a n d i s i n t h e a c t u a i cultivation of a person other S a W e ' l w T i 1 I i a W e t 0 P a y . l a n d r e v e n u e th&refor> the?Sfshall 'be payable by the person m actual cultivation;
(b) in areas other than those referred to in clause (a) a tax on rent not f^T'tXlS 01lS , a n n a m a r u p s e o n t h e amount of rent payable by a Lnd t enurS a t e V e r M l a * ^ ^ U n d e r t h & l a w i n ̂ S S l n g to
Provided that where the land is in the actual cultivation of the person liable to pay land revenue therefor, the tax shall not exceed on? anna in a rupee on the amount of land revenue for such land;
( C ) " ctan-vingeon t v i^TIv °l S t X r ' " ; p e e s p e r a n n u m °* P^cns ^ of tl,e L a m Saybhatde' C a D n * ° r » « * « » » within the Jurisdiction
Provided that in the case of circus, cinema or similar entertainment tempo rarily stationed in the area of the Gram Sabha, a tax Sot Sceedfnfive rupees per diem may be levied; exceeding , <d) a tax payable by the owner thereof on animals and vehicles other than mechanically; propdied vehicle, kept within the area of the G,am Sabha and plied for hire at the rate— ( 0 ^ annum?6 °f a n i m a I s - n o t exceeding three rupees per animal per C i i ) i n u m ; **** °f V e h k T e s ' n o t exceeding six p e r vehicle, per
(e) a tax on persons not being persons assessed to tax under clause (r) srtfs.5 ̂ fir&Ksss* —* -»
(g) fees for the use of slaughter houses and encamping grounds-
(h) a water rate where, water is supplied by the Gram Sabha-
(i) a tax for cleaning private latrines and drains payable bv the A«m«.
S h S T S w t h e > ° U r s t 0 w R k h t h e Private latrine or d r X is 'Gmmlbha^ancf 1 " ^ ^ * d ° n e * " " * * t h e agency of^thl ( j ) E Zf ™r~n^eS^ng ?Uch 5 a t e a s m a y b e Prescribed, on buildings owned by persons who do not pay any of the a.fart*nM te™*T<2S ° \ n e a annual income exceeds three hifndVecf rupee! ^ ** W h ° S 6
(2) The taxes, rates and fees under suh-qpH-inn ci\ r.u^n -u • and realised in such manner and a? suclftimes t?A£ l e ^ S e S ^ ^ ^ ot ^I^V^Z^c^^^j^'^:)^ appe£ agai^ ̂ ^y -., urn uiam aaona snail lie to the prescribed authority.
X**- 37-B. Taxes and dues recoverable ax ««•»» n$ V,-.J account of the taxes imposed ando th%£% i-SL.^™** rsvXaue—Aa d u es on this Act shall be recovered a ™ 5 n n » f y a k i e to a Gram Sabha under concerned passesTat resolution Vf 4 , S SL £an<U?Vejiue l f t h e G r s m Panchayat of assessment: L C S - u t l o n W that effect within three .months from the date recovery of the arrears of taxes as arrear? oi'landi rlvenue^ * a U t h o n z e t h e SEC- 3 # ) THE GAZETTE OF INDIA EXTRAORDINARY I 6 / I 9 authority under such d r S S S T f f K S ^ f S S o ^ S ^ S S ^ may3bê rSSed?emitalhe SSteL^SKS"1 * n d ? ?* s U c h circumstances as levied by it, S 5 S J d t t r t S , 1 2 S r ! S « S S » f i a i S f S& ™*« « * * imposed or by the prescribed authority. WWWMffl MMH take effect unless it is approved shall be refunded to him by S f o i B a . ' °r f e e S° r e m i t t e d shaft f r S s S i l e ? a ^ r £ ? t h e f™±«^ accounts,-The Gram Panchayat custody of1 its funds' aSfSSLfiaS? o?SS£S3 ° p a n c h a y a t * « • * * dues, A ^ L ^ b f e ^ S o ' t S S r n r n e n ? oufthe S E F c i S B ZSPFff* tWS, the sums so realised pay bv ravTf^!tl: ** Comif-lssioner shall out of be SdSff inS2S ! S S & f n l ^ u ^ a S S V ^ a y & S e ^ * * Sabha L may b e ^ S i f l a.fe timate o f V < S f f l y fe&ting ,?f t h e G r a m year commeJing on the 1st day of April n^x f foSng ^ «*»**««» * * the meiSn^ofTh^G^i? 3 1^/ 4 -^ 3 1 1 ^ ^ ^ a?-d l a ^ b e f o r e th* other half-yearly modifications as may be' necessary in ftTlSh* i «f» *» meeting with such Sabha, and the Gram S a b h a ^ ^ t w ™ J ^ e, du[?ctions of the Gram annual estimate is not exceeded • u l u e a T n a t m e l 0 f a l of ̂ he an annual estimate of income and expenditure for tbe Gram 4vh1 ™ P^Pa« estimate so prepared shall then be sent to tL r ^ c S ? S v - ^ The a - n n u a l and pass the same in the manlier niJ^WWi wC Mi*.SaS,ha ' v n i c h s h a l 1 acceP* so within such Hme as m a ? T f b i f S l f i -™ f ? i Se*? ram. , S a b h a *ails to do of income and expenditure shaUhavT Iff^f ^ T ^ ?*? 3 a k l a m r a a 1 estimate Gram Panchayat and ^ ^ ^ G r ^ t ^ ^ J ^ ^ W « * «* the 16/20 THE GAZETTE OF INDIA EXTRAORDINARY fl*AW ° , : Provided that the Gram Sabha may at any teMtfg^M^eggte . - takes effect, make in the manner prescribed such modifications - as it may consider necessary.
modifications or changes therein as may appear to it necessary.
CHAPTER VI THE NYAYA PANCHAYAT
42. Circle for Nyaya P a n c h a y a t - T h e : Chief! C — g ^ r ^ ^ P J ^ authority shall divide a ^ - d m s i o n into ciicles ^ a ^ % ^ | e n t j 8 a n d estabareas subject to the jurisdiction of G-iam oacrnas as may we *• lish Nyaya Panchayats for each such circle:
Provided that the areas of Gram Sabhas within each circle shall, as far as - ^ possible, be contiguous. t before contained, not be members ox Gram Pancnayat .
relaxed by the prescribed authority.
' 44. Election of Sarpanch, S a h a n a k S . a r p a n c h - T h e R a n c h e s ^ ^ ^ and the other as the Sahayak Sarpanch:
Sahayak Sarpanch. "*w
45. (1) The term of office of every panch shall be five years from the date of his election:
Provided that the Chief Commissioner may, by notification in $ * official Gazette extend the term for a total period not exceeding one year .
Provided further that the Sarpanch and the Sahayak Sarpanch shall continue in office until their respective successors are elected oi appointed.
(2) The notification under sub-section (1) may b e p u b l i s h e d rt ^ f m e before the expiry of five years aforesaid or, where the period has be.n ex*enaeu before the expiry of such extended period.
* * * i ~ d- * !fi
46.
as may be prescribed and his office shall thereupon become, vacant.
,% * St *
43.
do K^rh of Nvava Ponchnvot —(1) The Sarpanch shall form Benches consist ing of fl£ Panches l a ch for the dispoial of cases and inquiries commg up before the Nyaya Panchayat ,
(2)" The formation of Benches, the period for which they, will work including SseV and enquiries shall be governed by rules made under this Act.
(3) NO Panch, Sarpanch or Sahayak S £ f ^ ^ J ^ £ £ $ ^ e w £ 5 S f f i i * < S S ? S l t t a h ; a ? t y a S ff^SfS 3? ^ is personally interasted.
SEC. 3 (ijj THE GAZETTE OF INDIA EXTRAORDINARY\v_^---' 16/2I
(4) Notwithstanding anything contained in this section, the Chief Commis sioner m a y prescribe the constitution of Special Benches for tha t r ia l of any class or classes of cases:
Provided that the Chief Commissioner may at any time order for the re - constitution of such a Special Bench.
(5) Any dispute, relating to the formation of Benches or method of their working, shall be referred to the prescribed authori ty whose decision shall be final.
50 Filling of carnal vacancies.— (1) If a vacancy in the office of a Panch arises by reason of his death, removal or resignation it shall, subject to the provisions of section 45 be filled for the unexpired part of h i s t e rm by the prescribed autho rity by appointing a person from amongst the members for the t ime being of the Gram Panchayat , and if the Panch vacating the office was also the Sarpanch or Sahayak Sarpanch, a new Sarpanch or Sahayak Sarpanch, as the case may be, shall' be elected in the manner provided in section 44.
(2) Any person appointed as Panch under sub-section (1) shall cease to be a member of the Gram Panchayat from the date of his appointment and the vacancy so caused in the Gram Panchayat shall be deemed to be a casual vacancy for the purpose of section 12-H.
50-A Powers of Sahayak Sarpanch—The Sahayak Sarpanch shall exercise such powers 'of the Sarpanch as may be prescribed.
51 Territorial jurisdiction.—(1) Notwithstanding anything contained in the Code'of Criminal Procedure, 1898 (V of 1898), every criminal case trible by a Naya Panchayat shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the offence is committed.
(2) Notwithstanding anything contained in, the Civil Procedure Code, 1908 (V of 1908) every civil case instituted under this Act shall be insti tuted before the SfiTBitsch of the Nyaya Panchayat of the circle in which the defendant or any of the defendants; where they are more than one, ordinarily reside or carries on business at the time of the institution of the civil case irrespective of the place where the cause of action arose.
52 Offences cognisable by Nyaya Panchayats.—(I) The following offences as well a; a b e t m e n t ! of and attempts to commit such offences if committed wi th the j u r i s c S n of a Nyaya Panchayat , shall be cognizable by such Nyaya Panchayat—
(a) offeneee under sections 140, 160, 172, 174, 179, 269 277 283, 285, 289.
2"0 294 323 334, 341, 352, 357, 358, 374, 379, 403, 411 (where the value of the stolen or misappropriated proper ty in cases under sections 379, 403 and 411 does not exceed fifty rupees 426 428 430> 4dl 447 448 504, 508, 509, and 510 of the Indian Penal Code; 1860 (XL\T of 1860),
(b) offences under Sections 24 and 26 of the Cattle Trespass Act, 1871 (1 of 18711;
(e) omitted;
(d) omitted;
(e) anv other offence under aforesaid enactments or any other enactment a s may, by notification in the official Gazette, be declared by the Chief Commissioner to he cognizable by a Nyaya Panchayat ; and
(f) any offence under this Act or any rule made thereunder ;
(T-A) The Chief Commissioner may by order published in the official Gazette empower any Nyaya Panchayat to take cognizance of offences under sections 279, 2B6 336 and 35€1 of the Indian Pena l Code, 1860 (Act XIV of i860) , and may likewise wi thdraw anv offence referred to in clauses (a) and (b) of sub-section
(1) from the cognizance of Nyaya Panchayats generally or such Nyaya Panchayats as may be specified.
(2) Any criminal case relating to an offence under sections 143, 145, 151, or 153 of the Indian Penal Code, 1860 (XLV of 1880), pending befo-e any court may be transferred for trial to the Nyaya Panchayat if in the opinion of such court tha offence is not serious.
53 Security for keeping the peace.—(1) Whenever the Sarpanch of_ a Nyaya Panchayat has reason to apprehend tha t any person is likely to commit a breach of peace or disturb public tranquility, he may call upon such person to show cause \ \ /I6/22 THE GAZETTE OF INDIA EXTRAORDINARY fpABT u why he should not execute a bond for an amount not exceeding Rs lflO with n r ^ without sureties for keeping the peace for a period not exceeding 15 day! W
(2) The Sarpanch shall, after issue of such notice, refer the matter to a Bench. '£ The Bench may either confirm the order or discharge the notice after hearing such person and such witnesses as.,he may desire to produce, ««« ios
(3) If the person required to execute a bond as aforesaid under sub-section (2) fans to do so he shall be liable to pay a penalty up to five rupees as the Bench may fix for every day the default continues during the period fixed in the order
54. (1) No Nyaya Panchayat shall inflict a substantive sentence of imprison- HIGH b. *^ ; (2) A Nyaya Panchayaet may impose a fine not exceeding fifty ruoee-? but m '» imprisonment may be awarded in default of payment:
Provided that no accused shall be tried for more than three offences in the same criminal case and the fine that 'may be imposed on any one accused in a criminal case shall not in the aggregate exceed fifty rupees abused m a ^5LC<ignimnCe °f ^ases-—<!)- After, a Nyaya Panchayat has been established < for any area, no court except as otherwise provided in this Act shall take cognizance of any case triable by such Nyaya Panchayat .
(2) When a Nyaya Panchayat is suspended, superseded or dissolved under 3f t.01?, 9 o r , ?r aTF oti}er r e a s o n s ceases to function, all cases pending before it shall stand transferred to the court of competent jurisdiction which shall ' dispose them of according to law: •
Provided that the trial of all such cases in court shall commence de novo:
Provided further that a Nyaya Panchayat shall not be deemed to cense to function merely for the reason that its Panches have to be re-elected.
f, * ( 3 l Notwithstanding anything contained In section 52 and in sub-section {1) oi this section any court may take cognizance of any offence under sppfinrns.
431 and 447 of the Indian Penal Code, 1860 (Act XLV of "i860) if £ f o t h S S competent to do so. j ;
* >n< ^^withstanding anything contained in section 52 and sub-sections (1> ! ° 1 ( o ) ° f ^ thlS s^n'o0n-aut 3 u b ^ c t always to the provision of the Code of Crimi nal Procedure, 1898.. where any court has taken cognizance of any offence referred - to m the said sections and a summons or warrant, as the case may be has''issued,^,,'' a r f d l r l e f %?£§?&£* a C C U S e d fa S U C h c a s e - *** ° f f e n c e ^ b e ASSUMES ^ i ^ l ^ ^ ^ ^ S ^ ^ ^ ^ ^ ^ ^ ^ competent J u r i s t §7. Nyaya Panchayat may dismiss any complaint if after examining complaman and taking such evidence, as he produces it is satisfied that the complaint is frivolous, vexatious or untrue.
to I V J l y f S n c L C y a t i b y " ^ Panchayat to «"***.-« at any time It appears
(a) that it has no jurisdiction to try any case pending before it, (W that the offence involved i s one for which it cannot award adequate
(c) that the case should otherwise be tried by a court;
it shall transfer the same to the court of competent jurisdiction and shall five information of such transfer to the parties concerned. ' S shall take cognizance of any criminal case against a person wheref s u c h p e r s o n - ( a ) h a s , ^ e " , p r f P o u s 1 / convicted of an offence punishable with imprison-" ment of either description tor a term of three years or moref
(b) ha3 been previously lined for theft by any Nyaya Panchayat.
LIT EC. 3 ®J T H E GAZETTE OF INDIA EXTRAORDINARY 3 6/23
(c) ^ s been bound over to be of a good behaviour under" section 109 or 110 of the Code ot Criminal Procedure, 1893 (Act V of 1898)
(d) omitted,
(e) is a public servant.
60. Compensation to complainants.—In imposing any fine the Nvava Panchavat may order any portion or the whole of the fine recovered to be a p p l i e d - ( a > m t h e e f c S p f a i n h a n t e X P e n S e B p r 0 p e r l y i n c « 1 T C d *n the criminal case by
(b) in the payment to any person of compensation for any mater ia l loss or injury caused by the offence, or
(c) in compensating any bona-fide purchaser of stolen property for loss of e n t i t l e ^ t h e ^ t o 6 p r 0 p e r t y i s r e s t o r e d t o t h e possession of the person a N v ^ T S f v p ? lVhe accus?d—^ ? to any criminal case instituted before a Nyaya Panchayat any person is accused of any offence triable by a Nyaya Pancnayat and the Nyaya Panchayat acquits the accused and is of the opinion K V P ? P o n T L l T against him was false and either frivolous or vexatious, the he T o u l f ^ n t r f i 7 C a U i l . P ° n + t h e complainant forthwith to show cause why ne should not pay compensation to such accused.
thJB.F f/ter h e a ™ S t h e , complainant, the Nyaya Panchayat is satisfied that the accusation was false and either frivolous or vexatious, it may direct that comac"used°n n ° e e x c e e d i n S twenty-five rupees be paid by such c o m p S a n t to the K a t f f ; S f l ? I e °t offend^™ ™ probation.—The powers under section 4 of the Pro bation of Offenders Act, i958 may be exercised by a Nyaya Panchayat .
63. Enquiry in cases forwarded by Magistrates,—Notwithstanding anything in n £°i%tCT^TSHr0C^re' 1 8 & 8 ' a Magistrate may direct an enquiry referred c l f i ^ w w ? 0 ± i h e C ° d e t 0 b e m a d e b y a N y a y a P a n c h a y a t in a criminal case in which the offence was committed within the terri torial jurisdiction of such Nyaya Panchayat and the Nyaya Panchayat shall" enquire into the case and submit its report to the, said Magistrate. On the receipt of the directions the fc>arpaneh or bahayak Sarpanch and in their absence the Panch mentioned in section 75, shall entrust it to a Bench formed under section 49.
e« 6 4y.TE x t e n t ' •& Jurisdiction in civil cases.—(1) Subject to the provisions of section t)t> a JNyaya Panchayat may take cognizance of any civil case of the following description if its value does not exceed one hundred rupees
(a) a civil case for money due on contract, other than a contract in respect 01 immovable property;
(b) a civil case for the recovery of movable property or for the value thereof;
(c) a civil case for compensation for wrongfully taking or injuring a mov able property; and
(d) a civil case for damages caused by cattle trespass.
(2) The Chief Commissioner may, by notification in the official Gazette direct J iat the jurisdiction of any Nyaya Panchayat shall extend to all such civil cases ot the value not exceeding five hundred rupees.
65.
W.Exclusion of Nyaya Panchayat's jurisdiction.—Subject to the provisions of section 64 a Nyaya Panchayat shall have no jurisdiction to take cognizance of the following civil cases—
(1) a civil case for a balance clue on par tnership account, except where the balance has been struck by the parties or their agents;
(2) a civil ease for a share or part of a share under an intestacy or fo*1 a legacy or part of a legacy under a will;
(3) a civil case by or against the Government or a public servant for acts done m, nis official capacity;
(4) a civil case by or against a minor or a person of unsound mind;
(5) omitted, 1 16/24 T H E GAZETTE OF INDIA EXTRAORDINARY {PAST fi7 Ciuil casa to include the whole claim.—(1) Every civil case instituted before ^ a N ^ v a P a n c h a y a t shall include the whole of the claim which the plaintiff S < Entitled to make fn respect of the mat ter in dispute, but he may relinquish any portion of°hTS claim in order to bring the civil case within the jurisdiction or the Nyaya Panchayat.
o\ Tf a olaintiff omits to sue in respect of or relinquishes any portion of his claim he shal! not a f inwards sue in respect of the portion so omitted or relinquish 6 8 Limitat tons.-Every civil case instituted b r f o ™ * N y ^ a P ^ c ^ ^ th« neriod of limitation prescribed therefor m the schedule shall be dismissed even though limitation has not been set up as a deience:
Provided that in computing the period of limitation P W t M * » ^ ^ S S E ff? Z 2 ^ t t £ t t 7 3 ^ % ^ & ! ? 3 ? & nature *, is unable to entertain it.
69 Effect of the decision by Nyaya Panchayat.-The ? ^ r s i ™ g . g ^ g / S ed.
70.
71.
72.
73. Res judicata and pending. * * £ - $ " NoQ Nyaya^axiebayat ^ J ^ * g ™ Civil case, revenue case " ^ ^ S J g y * £ & f S S jurisdiction, in fSei^civH c S e ^ l n ^ h f s a m e p ^ S or between the' parties under"whom they or any of them claim.
'<•?-) Where a civil criminal or revenue case is instituted against an accused ??LamenfacS ofan? othefoSeLf S which the accused might have b«u charsed or convicted.
S S 5 S 3 ? & & 3 3 R & A S S f \ i Suh A i W a , Office, having jurisdiction, as the case may be.
74-A. Trial token cause of action in a ^ p ^ t l f t t " ^ S S ^ S ^ S e J ^ l ^ o S o ^ ^ ' r i S ^ y a Pancnayat^ having jurisdiction.
,-f -,«o«>0 is iiTiccrtni'ii o? «ot in one circle only or where 74-B. Trial where scene of offence is nnccna ° uncertain in offence is a continuing one or cotmsts of sev^lJf£ ^ r e an o f f e n c e was comwhich of several circles an o f t e i ^ ^ ^ S b e r or where an offence, is a cont - S A " S M S L - » ^he theSuS°LtfhT U M< «__. n^nn v.-bo wishes to institute a civil 75 iTistteitton of suits and cases.-UKAny .persn who wisnes ^ y S ^ u S , ? S ^ ^ £ r ^ ? £ ^ S a U c h aud.i„ iuaah^cetothe \n% tec. 3 (i)'j THE GAZETTE OF INDIA EXTRAORDINARY V — ^ 16/25
(2) Where a civil, criminal or revenue case is instituted orally, the Sarpanch, Sahayak Sarpanch or Panch receiving the application shall record without delay the prescribed particulars and the signature or the thumb-impression of the applicant shall be taken thereon.
76. Application to be laid before the Bench.—The Sarpanch, Sahayak Sarpanch or in their absence the Panch mentioned in section 75, shall thereupon lay the application before a Bench of the Nyaya Panchayat formed under section 49 for disposal and shall also fix a elate for the first hear ing of t he application before the said Bench and give notice of thei date to the applicant, complainant or plain tiff as the case may ba and to the members of the Bench.
77. Chairman of a Bench.—The Bench shall choose one of the members to be the Chairman of that Bench who shall conduct the proceedings:
Provided that where the Sarpanch or the Sahayak Sarpanch is a member of the Bench he, and where both of them are members of the same Bench the Sarpanch shall be the Chairman.
77-A. Absence of a Panch from the Bench,— (1) If any Panch appointed to a bench constituted under section 49 is absent at any hearing, the remaining Panches may, notwithstanding anything contained in this Act, t ry the criminal case, civil case or revenue case provided however, that at least th ree Panches, including the Chairman are present, and provided further that at least one of the Panches present is able to record evidence and proceedings.
(2) No trial at; aforesaid shall be invalid by reason merely that all the five Panches forming the bench were not present at any hear ing ' or that the same Panches were not present at all the hearings.
(3) The provisions of sub-sections ( I j and (2) shall mutatis mutandis apply to an inquiry made by a Nyaya Panchayat under section 63,
78. Dismissal of suits and cases in the absence of the Party concerned.— (1) If the plaintiff, the complainant, or the applicant fails to appear after having been s informed of the time and place fixed for hearing, the Nyaya Panchayat rnay ". dismiss the suit, civil case, criminal case or revenue case or pass such order as . it may deem fit.
(2) The Nyaya Panchayat may hear and decide the civil case, criminal case or revenue case in the absence of the defendant, accused or opposite party, if the summons have been served upon him or, if he has been informed of the time and place fixed for hearing.
79. Nyaya Panchayat not to revise or alter its decisions.— (1) Except as p ro vided in sub-section (2) or to correct a clerical error, a Nyaya Panchayat shall have no power to cancel, revise or alter any decree or order passed by it.
(2) A Nyaya Panchayat may, for sufficient reasons to be recorded, on applica tion made within one month of the date of the decree or order or" knowledge thereof in case personal service of summons has not been effected, restore any civil case, criminal case or revenue case which has been dismissed in default or in which a decree or order has been passed ex parte.
80. Legal practitioner not to appear before Nyaya. Panchayat.—No legal practitioner shall appear, plead 01: act on behalf of any- par ty before a Nyaya Panchayat:
Provided that a person who is arrested and is detained in custody shall have the right to consult and be defended by a legal practitioner of his choice.
31. Appearance in person or by representative.— (1) Subject to the provisions of section SO, any par ty to a civil case or revenue case may appear" before a Nyaya Panchayat either in person or by such agent duly authorised in writing by him as the Nyaya Panchayat may admit as a fit person to represent him.
V * ! T R E G A Z £ T T E OF INDIA EXTRAORDINARY |»4W II lb 12b i = = = = . . n Bt,Q-ri ar.npar uersonally before the Nyaya .
,•«% m. . . ^ i o , in a criminal case snail appt-di JJCJ.^H ,y P a i h l y S f ^Svlded thafthe Nyaya Panchayat m a y - v, Fancnayar. personal attendance of the accused and ' ( a ) % & ^ d T ^ V h i B B S K auly authorised In writing; and ( b) in Its d i s c r e t i o n any stage of the proceeding exempt the personal attendance of the accused.
( 3 ) No stamp duty, shall be required to be paid for any power of atcorney fiW under this section. f ed in this Act or m any othei la_w to g ^ ™ r i s i n | i n i t s local area and not for a H y ^ P « ^ B t > i J S d ^ i S ^ S y settlement, compromise or oath •npnrlincf i n ail1/ COUlt n i au-Liuai-j-c ^eedVoon in witting by the parties.
. • *„.,*%, m THP Nvava Panchayat shall - 8 3 . Procedure and p o ^ e r g ^ ^ ^ ^ e v e r l u T c a s e as the parties ^ receive such evidence m a cwu case, cr m n ̂ c . ^ ^ ^ o p i n o n m a y b e may adduce and may call for such luitnx-i -v b g t h e d u t y Q± necessary for the determination of toe pomts m issue t ^ ^ c r the Nyaya Panchayat to ascertam tne ^ ^ Y t f p o w e r and thereafter to make revenue case before re by e v ^ lawful mea ns^mi P g e e m a n d , L ^ j such decree or order with oi Without costs as to , r e l a t e s I t s h a l l may make local investigation m tne villa;ge W> wruxu ^ p r o follow the procedure prescribed oy oi undex lhi| AC^ i TO t h e cedure 1908 (V of 1908). theCode of C n m m a J ^ g 5 t a t t a n A c t , 1 9 0 8 (IX of Indian Evidence Act, 187̂ (I oi \»<">>a S*"V • r o r r e v e n ue case in a Nyaya WW), shall not apply to any civil <f^ f ™ a L a y 1>e pScribed.
Panchayat except as provided in dns Act or as nwj i
(2) Nothing in this subjection shall entitle *g; party to co^ound^axiy offence whicifis r ^ ^ m p o m ^ x ^ ^ J ^ ^ i ^rmrssion of the Bench Procedure, 1898, or to compound an o ^ f ^ g ^ g j ^ & provisions of the said concerned, if it is componndaDle with permission u u ^ ««* f code. ~\ 84 M^ori^ *o P rewa^ fc « - ' W ol tf ^agreement between t h e > Panches the opinion of the Majority, shall prevail.
„„,„.+„ *n y-rn-n̂ 'pr cases from Nyaya Panchayat.—-(1) On
85. Power of superior com ts to ™n>f™ ™ ^ ̂ t tf 0 J t h e p a r t i e s and after ?Se or revenue case may, at any stage, withdraw the same and (IJ try to dispose of the same, or
(ii) transfer it to another Bench of the Nyaya Panchayat, or " X v e S c a s e m i either retry it or proceed from the point at which it m withdrawn.
m 11 any application under sub-section (tt * £ * * « « S g j £ aTKfa^tSte the appHclat may be fined up. to fifty rupees by the Sub-Divisional Magistrate, the Munsif/ or the Sub-Divisional Officer, as the case may be.
m Usue of summons to witnesses—A- Nyaya Panchayat may, if it considers :
the e V i S e of or the production of a document by any person necessary m a riwH case criminal case or revenue case cause to be served in the prescribed C 1 / i i " ^ ' . : ^mmtTnc- on such person to compel his attendance or to produce or 5SS e &e t t p5SKSS of such iSuSSmt, a n d W h person shall be bound to comphf with The direction contained in the summons, ^ J ^ _ _ _ J i m GAZETTE OF iN D I A EXTRAORDINARY .evidence or to produce any docuSS h-^L % , l i ^ a £ e r , t o aPPear to give or notice or order, the Nyaya PaSayat £ a v , ^ f 7 d , l s?b e y s s u c h summons manner prescribed; examined on commission in the person producing the same: original document to the
Provided further that where it atmeans h-> t-fc AT witness is unable to TO C k K N y a y a Panchayat that a infirmity or that Ms S a c e cannS & nf S ° n £ l l l n e s s 0 r P ^ ^ a l able delay, expense or nconveSce it n S S J ? ^ "nreasontiona as may be prescribed i«,,f% "may, subject to such restricprescribed to take S " evionro \f 1 commission in the manner taken shall form | a r f o f g f ^ d dfthTSST' T h e * * * " " * S° ^ ^ ^ may dismiss any civil ed that the dvil case or revenue S V & 5 3 S f v ^ O u T ^ r ^ t u e , * ^ ^
89. Rertrion.—(1) A Sub-Divisional Magistrate M.i^f Officer, according as it is a criminal ease cfvU eat nJ^SS ° r Sub-D^isional on his own motion or on the aDolirnMnr> k* 1 c a b ? r revenue case, may either the date of the order complained of ox w L ^ S r ^ f ^ f 6 - W l t h i n 6 0 ^y S from not been effected on the applicant from The da t o t f L S ^ ¥ SLlmm°ns had call for the record of any case which Inf h i / -i1^ vnowledge of the order and if it appears to him tha? L S fee or m a W i t f ^ ?y - a N y a y a Panchayat may make such order in the case as he thmls flt l r r e g u l a r i ty h a s occurred/he Eccplariatiov..—Failure rn pv»nha „ • • T «.
of Jurisdic«on^neXexcC; o\ S v S e d b W ? S V ^ ° r — i s e this section be deemed to be a S S ^ U S T a S g ' ^ ^ °f SC^fSLrorder passed by the Nwa Pancha^ CC) "Tff aX^dSi If or P a n C h a y a t * * ret^ "«* -eh dire.
( d J %tSt ^ X ^ a n ^ . ^ ^ " t 0 a n o t h - « « * or Officer com- ^ - ^ S e T ^ S ^ S ^ l ^ S L t a S S ? ^ ^ (V S f ° U n d b y t h & Sub-Divisional «r vexatious, he may, for r e S S t o b ° ? S d X S S j S S ^ H' t 0 & f r i ^ to the opposite party by the aDolirnn^V L , T a n o r d e r ± o r the nayment fey way of compensation a P P [ l c ^ of special costs not exceeding fifty SpSS application Is mad°e under "ection 75 ShfllPun1^<fTl N 3 ^ a P™chayat after an wise disposed of under the K r f t f t t ^ b e e n d i s ^ s e d or other" cnbed form to be served in the orescriheri t^X a U S e s r m « s in the m - e 3 .
accused person or an oppoalte D a S ^ S n - m S S ^ . ° « «?. defendant or £ THE GAZETTE OF INDIA EXTRAORDINARY [PART II — — • = = - *m
91. Omitted.
92 Payment or adjustment oj decree to be recorded.—If on the W ^ J g * ^ rt-dPnM holder or the iudgment-debtor, the Nyaya Panchayat which passed the d e c r i T n d s after enquky that the recree' haS been satisfied wholly or an part, the Nyaya Panchayat shall record the fact in the prescribed register.
Q^ Frrcatimi of decrees—(1) A decree or order passed by a Nyaya Panchayat •Sha5l be e S u t e d % i f m such manner as may be prescribed H the p r o p e r t j ^ ion the property may be situated, and if there be no Nyaya Panchayat then to the c b u r t o f the Munsif or Sub-Divisional Officer, as the case may be, Within whose jurisdiction it may be situated.
rw Tf- n Nvava Panchayat finds any difficulty in executing a decree or order it r ; K S S n « A T . E 3 ' X . the * « t a to a fine not exceedmg five rupees.
(2) The fine imposed under sub-section (1) shall, for the purpose of section 94, be deemed to be a fine imposed in a criminal case.
CHAPTER "VII - EXTERNAL CONTROL - £ - 95 Inspection—(1) The Chief Commissioner may—
(a) cause to be inspected a n , ^ - ^ g ^ ? * ^ 0 ^ t t ? e ? £ l g a ? a P ^ h ^ S T S y w « k topSSSJ^er the direction of such Gram Panchayat or S n t committee or a Nyaya Panchayat;
mittee or a Nyaya Panchayat;
(81 record to writing for ft* c a w l t a j a o o ' < * « < • « £ ^ f t o ^ l l r t to ' f t e
(a) institute any enquiry to respect of any matter relating to a Gram Sabha, Gram Panchayat or Nyaya Panchayat, .(f) suspend, supersede or dissolve any Gram S a b h a . G r a m Panchayat, = t committee or Nyaya ^ ^ ^ r f j % ^ ^ A .Committee or g^e^^^^^^^ -d Sa^atiaSonr-SusDenstoa or supersession may be for such period as may be specified;
• 3 fiyi THE GAZETTE OF INDIA EXTRAORDINARY
(g) suspend or remove a member of a Gram Panchayat or a joint committee an officer-bearer of a Gram Sabha or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat, if he—
(i) absents himself without sufficient cause from more than three conse cutive meetings or sittings,
(ii) refuses to act or becomes in-capable of acting for any reason whatso ever or if he is accused of or charged for an offence involving moral turpitude,
(iii) has abused his position as such or has persistently failed to performthe duties imposed by this Act or rules made thereunder or his con tinuance as such is not desirable in public interest,
(iv) being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes.
active part in politics, or
(v) suffers from any of the disqualifications mentioned in clauses (a) t o
(m) of section 5-A,
(h) remove a person, if, having been elected as a Pradhan, he does not possess the qualification specified in section 5-B.
t*\ A nerson removed under sub-clauses (iii) and (iv) of clause (g) of sub-sec tion A, of this section shall not be entitled to be re-elected or re-appointed to any office undei tMs Act for a period of five years or such lesser period as .the Chief Commissioner may order in any case.
(3) No order made by the Chief Commissioner under this section shall be called in question in any court.
(*\ WhPre any Gram Sabha, Gram Panchayat or joint committee is superseded the ( c \ i2 f Commi^sToifer may appoint such person or persons to exercise and per form the powers and duties thereof as he may deem fit.
S h f c r a m V u n d and thTeupoA ^ p e r s o n having the custody of the fund shall pay the amount from such fund.
M . P r o h i b i t * , of <^ain P - * « ^ h e prescribed W g ^ J g ^ « g other officer specially empowered in ^ ^ ^ g f order in writing prohibit information received or on k w n in it 1 f o l v ^ J a / ' 0 / o r d e r p a s s e d o r m a d e under the execution or further execution of a resomeion or^ * j o i n t c o m _ . this or any other enactment by a J g ™ » £ * • ; ^ n such Resolution or order is mittee or any officer or setv*nt ine eui s t r u c \ i o n ? annoyance or injury to the of a nature as to cause or ^ e l y ™ cause obst : g. ^ ^ ^ hmnfm public or to ^ / I w s or tody ol pear It may prohibit the doing or continuance S S : £ g ' S m ^ s u a ^ f o f or unlerPcover of such resolution or order.
i2) Where an order r. made under s u c t i o n &) J ^ ^ . « * • £ £ rnent of reasons lor ia^!V ^ ; , 1„ fv,n autt for the ouit-'ci ui .
rescind, modify or confirm the order.
' ,3) Where the a c t i o n ™ further ? - u l j 0 n r f ^ " ^ J , % ^ % U ^ t hited by an order made o n t o ^ X v V t 0™ he i'o t eomraiilee or any offlear ss? tSentadeT^s^Shf^rne^S' £ Mg*°« .— *» THE GAZETTE Oh INDIA EXTRAORDINARY JPART t t f J ^ ^ £ ^ ^ ^ ^ °t the resolute or order, of whidr m a f M ^ R f t r l f ^ hV Chi£f C™<™\^oner.-The Chief Commissioner „ ? L ^ f ! , a i l y o i h l s P°wers under tills Act to any officer or authorWv 2JtafiS*8 t 0 h i m £ U b ] e C t t 0 S U C h c o n d i t i ^ and restriction/ as hemay d S ^ g C H A P T E R VI I I P E N A L T I E S AND P R O C E D U R E ^ . 9 7 ; pe!l<?*^ fw infringement of the provisions of the Act.—Whoever contravene* f£ Provision 0f this Act, shall be punishable, unless otherwise^rScribed Sfr S f ^ ™ e x t e i ^ to ten rupees, and when the breach is a contTnSg one With a _ further fine which may extend to one rupee for every day after theT fir J conviction during which an offender is proved to have persisted hfthe offence sioiS S " u f 3 n ? : t e \ ^by-1™*--1* making a rule the Chief Commis- • - sooner ana m making a by-lav/ the Gram Panchayat with the sanction of th*» '••**< S K / S t e S t h a t / b r a C l ° f j t S h a 1 1 b e P-ishable with 'I e " a^ur»h«• fi, f,£ h rilpeef! a n d w h s n t h e b r e a c h i s a continuing one, with a furthei fine which may extend to one rupee for every day after the date of the oSice°n °n d U n n g W M c h t h e 0 f I e n d e r i s p r o v e d ^ h a ^ Terffted in « J ™™™fQ Penalty for tampering with the Gram PamhayaVs property —(1) Whoever ' removes displaces or makes an alteration in or otherwise interferes with aifv Pavement, gutter or other material of a public street, or any fiice wall or SSk ^ ^ ° l A l T S ^ t S ^ t ^ f L S C ^ i 0 n 8 * S t a n d p ° s t - hydrant o r ' ^ h e r s S yj.\jy~u,y ux uie uram aabna without the written sanction of the dram p m * w « mpe2er * * * * a U t h ° r I t y S h a U b e W^W-hto with nne° wUch m ^ t ^ f ^ S
(2) If through any act, neglect, or default on his part, a person has incurred a penalty imposed by sub-section (1) .and has caused any damage to t h f n T o S v ^ a Gram Sabha, the person incurring such Denaltv shall hi if„1 ll + Pr°Perty of E S S theS! P S d m t h e n 0 t i C e ' a n d ^-verson fails to comply with thf
(a) the Gram Panchayat may cause such work to bP executed or such thing to be provided or done and may recover all Senses incurred arrets° nof T a l d ^ r n U - 0 ^ t h e ^ ^ »™ ta t b e SK£*XE£ (fa> tnSA^v^ l l a b l e °* "OVktlMi before the Nyaya conWiS h r i f n F ^ 1 ? 1 may extend .to ten rupees and in case of A * g ' < f f l S S X & to S S d - ~ N ° D O t i C e S h a U b P i m ' a l i d - •Otomt of any * ' < £ ? m i S £ y ^ made by otherwise prescribed. withS 3t>davs fronf I h J ^ L ^ °T £H*W m a * ^ ^ exclusive of the time requisite fS? obtaLiW ^ ^ ^ d l r„ect ion o r order, prescribed authority w 4 T Z V J S ^ M P y r taereof aPPeal to the direction and may also" award ̂ g V ^ g g & • £ * £ * & S ^ S g S fcby ' a . S e S o r ^ r S f 4 p e a L r i t y ^ tt tt ***» **> ^ ^ «» Period allowed B n a i m a f C » \ e ^ -b-section (1) shall be S t c - 3 (])! A HE GAZETTE OF IXDIA EXTRAORDINA I O / 3 I 103, Suspension of prosecution in certain cases.—When an appeal has been -Wed against an order or direction in section 102 any proceeding to enforce such order or direction and any prosecution for the breach thereof may, by orde- of the prescribed authority, be suspended pending the decision of the appeal and i ' S S n S t o b e * a T X c e . S e t " * * ° n ^ ^ d i s o b e d i e - e i W shall not u u1(\f P°^er to compound offences.— (1) Subject to any rule made in this behalx a Gram Panchayat may, either before or after the institution of any criminal case, compound an offence against this Act or any rule or by-law made • DMScSbd ° n P 3 y m e n t 0 f S U c h s u m i n msh t o t h e G r a m Panchayat as may be
(2) When an offence has been compounded the offender, if in custody shall bf ^charged and no further proceedings shall be taken against him in respect of the ofrence so compounded. «=»*«*-«• All sums paid by way of composition under this section shall be credited to the Gram Fund.
105. Entry and inspection—The Pradhan of the Gram Panchayat and if authorised m this behalf by the Gram Panchayat any other member officer or servant of the Gram Panchayat may enter into or upon any building or land with or without assistants or workmen, in order to make an inspection or survey or to execute a work wmch a Gram Panchayat is authorized by this Act or bv rules or • oy-laws made thereunder, to make or execute, or which it is necessary for a Gram Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or by-laws, to make or execute:
Provided that—
(a) except when it is in this Act or rules or by-laws otherwise expressly provided, no such entry shall be made between sunset and sunriseand '
(b) except when it is in this Act or in rules or by-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered _ except with the consent of the occupier thereof and without giving the said occupier not less than four hours previous .written notice 01 the intention to make such entry; and
(c) sufficient notice shall in every instance b e given even when anv premises can otherwise b e entered without notice to enable the inmates of an apartment appropriated for females to remove to Se™eand premises where their privacy, shall not be disturb-
(d) due regard shall always be had to the social and religious usages of the occupants of the premises entered.
n* MK: 3UvS ng*imi G™™ Snbhas, Gram Panchayats, the officers or the servants •of Nyaya Panchayats.—(1) No suit or other legal proceeding shall be h S » t S ?
against a Gram Sabha or Gram Panchayat or against a member thereof or iSrfh* an officer or servant of a Gram Sabha. Gram Panchayat or NyayaPlkcnalktor against any person acting under the direction of any of these bodies or persons forf anything; done or purporting to have been done in official'capacity undJ fthfa Act until the expiration of two months next after notice m S T T been i « t h e ^ ? °l a G™m S a b h a o r G r a m Panchayat deKevered M T l ? i- S office of the Gram Panchayat concerned and in the casl'of a men b4 office- or . "*'• Protection to Gram Panchayat end Nvava Panr-hnimt MI m of the Judicial Officer's Protection Act tVoOcVTTT n • • ? & * " ' i * ^ provisions members of Nyaya Panchayat. (-XVm of 1850) -hall apply 60 the ^ > f f i ^ t M c ? S I S ^ ^ ^ ^ f t « S 2 a » e d - ™y court against a i s or his direction in respect of s l f f i ; ° r ? • ° ^ a n , y p e r s o n a c t i<^ «n " done under this Act or Z ^ S ^ ^ ^ f f i * ^ * ™ " ' ^ ^ -° der be 16/32 THE GAZETTE OV INDIA EXTRAORDINARY [PAKT II 107-A Validity of P r o c ^ n g ^ ^ t ^ ^ ^ ^ P ^ I ^ Z ^ M t t Sabha, Gram Panchayat or any ^ ^ t t o e ^ Qr . ^ ^ in any court of law.
I09-A. Mod, of proof of Gram Sabha r eco rd^A copy of j n entry in a.register in the possession of a Gram Sabhaor o any document m a « 3 e ^ ^ « a. y ^ officer thereof shall, if duly certified by ^ . f j 3 ™ ^ 1 ^ ^ be received as person authorized by the>J*«££^xn ™ ^ * ^ S J g L o t « * ^ b e prima, facie evidence of the existence or me e» y recorded in every S S S ^ ^ S ^ - S S ^ - ^ S S S ^ S or document would, if p S d u S l have been admissible to prove such matters.
CHAPTER IX RULES, BY-LAWS AND REPEALS ,10 I W of Chief Commtoio™* to mflu ™ ^ - « > S e ™ S i o n ° K e this Act. 7*
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for— ti) any matter for which power to make provision is conferred expressly • or by implication on the Chief Commissioner by this Act,
(ii) the establishment -rf Gram Sabha, Gram Panchayat and Nyaya Panchayat;
<ii-a) qualifications for the Up-Pradhan;
fv-b) distribution of assets and liabilities of Gram Panchayats and Nyaya Panchayats consequent upon a change in their circles, /ii-c) presentation and disposal of election petitions;
<ii-d) taking of oath by Praclhan, Up-Pradhan, members of Gram Panchayat, • Pancli. Sahayak Sarpanch and Sarpanch;
(il-e) filing of resignation by Pradhan, Up-Pradhan, members of Gram " Panchayat, Panch, Sahayak Sarpancn and Sarpanch, fii-f) holding of general elections and bye-elections;
(ii-g) nomination of persons as members of Gram Panchayat;
(ii-h) grant of leave for absence to office bearers of Gram Panchayat ana Nyaya Panchayat; and . _ L̂ (ii-i) the carrying out of the duties of the Pradhan and the Up-Pradhan m their absence for any cause;
«fi) th« time and mace of the meetings of Gram Sabha, Gram P ^ h a y a t and Nyaya Panchayats, the manner of convening meetings and giving notice thereof;
I a Gram Sabha, Gram Panchayat or any ^ ^ p or defect or irregularity in-j- j act, notwithstanding any vacancy in u ^ r ^ ™ D e " r 0 c e e d u i g s in any Gram Sabha, the enrolment of a member ^ f ^ ^ ^ ^ g ^ S ^ there was any defect , Panchayat or committee shall be valid nouvmis K ^ ^ who was or irregularity m the enrolment oi an / memoei 01 proceedings, not entitled so to do sat or voted 01 ° * ^ ? % * % v s l o n S present at the time.
T ^ c t h ^ T ^ V X 1 ^ S R S S & * he Lrnhe r s ; • ' «* . PoWers and du&s Of ^ * J ~ g L & f f i J & £ S M Pouchayats.-Every police officer shall give mimediat^ b e e n c o m m i t t ^ Panchayat of. an offence coming to ^ J ^ ^ X e r e u ^ d e r and shall assist all ^ ^ T t i V ^ ^ ^ e ^ G ^ ^ ^ ^ ^ * « * Panchayat in the exercise of their lawful authority. _ IN. H any dispute arises as tp * g £ * 2 * ^ g g g ? £ ! £ & $ ~ two or more Gram Panchayats or between a Gram ^ - " ^ * referred to the or a municipal board or the . ^ H . ^ f t f a J w questioned prescribed authority whose .decision shall be final ana snaii A \ S (i)j THE GAZETTE OF INDIA EXTRAORDINARY V -^ 16 /33
(iv) the conduct of proceedings including the asking of questions by members at meetings and the adjournment of meetings and also minute books of meetings;
(v) the establishment of committees and the determination of all matters relating to the constitution and procedure of such committees;
(vi) the suspension and removal of office-bearers;
(vii) the records and registers that shall be mainta ined by Gram Fanchayats and Nyaya Panchayats and the form in which they are to be;
(vii-a) periodical revision and amendment of Gram Sabha and Gram Pancliayat registers:
(viii) the action to be taken on the occurrence of a vacancy in ,the executive committee, joint committee, any # other committee and Nyaya Pauchayats;
(ix) the authori ty by which dispute^ in relation to appointments to executive committee, joint committee, any other committee or Nyaya Panchayat may be decided and the procedure to be followed therein;
(x) the amount and nature of security to be, furnished by a servant of the 1 Gram Panchayat or Nyaya Panchayat from whom it is deemed expedient to require security;
(xi) appointment, qualifications, supervision, dismissal, discharge, removal or other punishment and other matters relating to the conditions of service leave, transfer, pay and privileges of the servants of the Gram Panchayat and the Nyaya Panchayat and their rights of appeal;
(xii) management and regulation of provident fund for the servants of Gram Fanchayats and the Nyaya Panchayat , if the system of Provident Fund I is adopted by any Gram Panchayat ;
(xiii) the establishment, maintenance and management of pr imary schools § and the construction and repair of buildings thereof;
\ (s iv) the establishment, administration and control of libraries, reading i rooms, dispensaries entrusted to a joint committee, the construction and repairs of buildings connected therewith a