MINISTRY OF HOME AFFAIL..
NOTIFICATION New Delhi, the 26th May 1959 G.S.R. 643.—In exercise of the powers conferred by section 2 of Union Territories (Laws) Act, 1950 (30.of 1950), the Central Government hereby extends to the Union Terri tory of Trrpura the United Provinces Panchayat Raj Act 1947 (Up Act No 26 of 1947), as a t present in force in the State of Uttar Pradesh, subject to the following modifications, namely:— MODIFICATIONS A. GENERAL
1. Whenever an expression mentioned in column 1 of the Table below occurs m the Act, then, unless that expression is by this notification directed to be otherwise modified, or to stand unmodified, or to be omitted, there shall be substituted therefor the expression set opposite to it in column 2 of the said Table, and there shall also be made in any sentence in which that expression occurs such consequential amendments as the rules of grammar may require.
TABLE State Government. Chief Commissioner.
a State Government, the Central Government. ~] a State Government, or the Central Government. J the Government the State Government or the Central Government.
the District Board. ' "[ a District Board. ^ i.he Territorial Council any District Board. J B. SPECIAL
2. Section 1.— (i) for sub-section (2)., substitute— "(2) It shall extend to the whole of the Union Territory of Tripura excepting any area 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 time being in force, or which has been or may hereafter be declared as or included in a cantonment under the Cantonments Act, 1924."
(ii) for sub-section (3), substitute— "(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 appointed for different areas and for different provisions of the Act."
3. Section 2.— (i) after clause (c), insert—- "(cc) Ghief Commissioner' means the Chief Commissioner of Tripura;"
(ii) for clause (f), substitute— "(f) 'Territorial Council' means the Territorial Council of Tripura constituted under the Territorial Councils Act, 1956 (103 of 1956);"
(iii) after clause (k) , insert— "(kk) 'Official Gazette' means the Tripura Gazette;"
(iv) in clause (m), for "the United Provinces Land Revenue Act, 1901 or the U.P. Zamindari Abolition and Land Reforms Act, 1950, or any other law", sub stitute "any law".
(v) after clause (w), insert— "(ww) 'Scheduled Tribes' means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be scheduled tribes in relation to the Union Terri tory under Article 342 of the Constitution of India."
i . •" ' . • • • • ' . • ' • . . % - •'• - V - . - ^ , i _ ' • , " ' . . . - -'-^' 2
4. Section 5A.—(1) in clause (j), omit "or the U.P. Control of Supplies (Temporary Powers) Act, 1947".
(ii) in clause (I) , omit "the U.P. Removal of Social Disabilities Act, 1947, or"
5. Section 11(1).—For the main paragraph, substitute— / "(1) Every Gaon Sabha shall hold two general meetings in each year (here inafter called the half yearly meetings) at such time as may be prescribed:"
C. Section. 12(1).—after "scheduled castes" wherever they occur, insert "and scheduled tribes."
7. Section I2B.—Omit.
8. Section 12G.—for 'State', substitute "union territory".
S. Section 13.—substitute— "13. The Gaon Sabha shall at such one half yearly meeting as may b e * ^ " prescribed consider and pass the annual estimate of income and business submitted by the Pradhan:
Provided that where for any reason an annual estimate of income and expenditure is noti passed by a Gaon Sabha in the prescribed half yearly meeting, such estimate may be passed by it at any subsequent meeting before such date as may be prescribed under sub-section (4) of section 41."
10. Section 15.—(i) in clause (h), for "the State Government or the District Board and without prejudice to the provisions of the United Provinces Mohc Art 1933", substitute "the Government or the Territorial Council."; '
(ii) omit clauses (i) and ( t) .
11. Section 16.—(i) in clause (i) , for "abadi" substitute "inhabited area";
(ii) after clause (j), insert— "(jj) establishment and maintenance of pr imary schools for boys and girls; ,
(iii) in clause (k), for "an akhara", substitute "gymnasium.";
(iv) in clause (m) , for "abadi", substitute "inhabited area."
12. 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 Gaon Panchayat by the Chief Commissioner,";
(ii) for "State Government" occurring in the first place, substitute "Government";,, 4,
(iii) for clause (e), substitute— :
f "(e) with the sanction of the prescribed authority, undertake small i r r igat ion^ - I projects;";
(iv) omit the proviso.
13. Section 18.—For "District Medical Officer of Health", substitute "Principal Officer, Health."
14. Section 19.—For clause (a) substitute— "(a) shall, where it establishes a primary school for boys and girls, maintain the school subject to such rules as may be prescribed regarding the curriculum, employment and qualifications of teachers and supervision of schools."
i_
15. Section 20.— (i) re-number the section as sub-section (1) and in the sub section as so re-numbered, omit "pr imary school or" and "school" occurring in two places:
<ii) add the following sub-section— " ( 2 ) Wti?rLn%U£ f n ^ ^ o u r i n g Gaon Sabhas have no primary schools, the Gaon Panchayais thereof may combine to establish and maintain prescribed The Chief Commissioner and the Territorial Council glial' make such grants for such school as may be prescribed."
JHSldSraSi^^"' (bX t0T "PalWari ° r lekh^" substitu^ "M»M«.
17. Section 23.—(i) for "patwari" substitute "tehsildar";
:(ii) after "village stockman", insert "social worker, village level worker."
18. Section 24.—Substitute— -'.24. A Gaon Panchayat may, in relation k> any area within its iurisdiction, enter into a contract in the prescribed manner with 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."
19. Section 25 f4) .—For "district" wherever it occurs substitute "sub-division".
20.̂ Section 28— Omit "within the meaning of section 21 of the Indian Penal >.,̂ oae.
21. Section 32(2).—(i) omit clause (c);
'(ii) for clause (g), substitute the following;
4i(g) such portion of the rent or other proceeds of Government land utiliz ed for building purposes as the Chief Commissioner may direct to be placed to the credit of the Gaon Fund;"
Uii) in clause (k), for "State Government", substitute "Government".
22. Section 36.—For "State Government" substitute "Government".
23. Section 37(1) (a).—For "section 4 of the Zamindai i Abolition and T and Reforms Act, 1950" substitute "any law for the lime being in force "
24. Section 37C(1).—Substitute— "(1) The Chief Commissioner may remit the whole or part of any tax rate of fee levied by a Gaon Sabha."
25. Section 3 9 ( 2 ) - F o r "State Government" occurring in the first p^ace sub stitute Government .
26. Section 41(1).—Substitute— " ( l ) ( a ) Every Gaon Panchayat shall prepare ^ i d lay before such half yearly meeting of the Gaon 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)l Every Gaon Panchayat shall prepare and lay before the other half yearly meeting of the Gaon Sabha its report including the account of its actual and expected receipts and expenditure for the vear ending on the 31st March last preceding such meeting."
HI. Section 42.—For "district", substitute "sub-division".
28. Section 49(2).—For "rules", substitute "rules made under this Act."
29. Section 52(1).—Omit clauses (c) and (d).
30. Section 52(1A).—For "(a) to (d)", substitute " (a ) and (b) ,"
31. Section 54(2).—For "one hundred rupees" wherever they occur substitute.
"'fifty rupees."
s 4
32." Section 59.—Omit clause (d).
3% Section 62.-—For "the United Provinces First Offenders Probati ly^o. substitute "the Probation of Offenders A c t 1958". on A c t i
34. Section GS.— (i) in clause (4). omit "and".-
(ii) Omit clause (5).
35. Section SI.—Substitute— "Si (I) Subject to the provisions of section SO. any party to a civil case or revenue case may appear before a Nyaya Panchavat either in person or by such agent duly authorised in writing bv him as th e 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:
Provided that the Nyaya Panchayat may (a) in any case dispense with the personal attendance of the accused and permit him to appear by hi agent duly authorised in writing; and x
(b) in its discretion, at 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 attorney filed under this section".
36. Section 110(2).—(i) i n clause (xix—a), for "State" substitute "Government".
(ii) in clause (xxii), for "nazul land" substitute "Government land",
(iii) in clause (xlii), after "scheduled castes" insert "and scheduled tribes."
37. Section 110(3).—Omit.
38. Section 113.—Omit.
' ANNEXURE The United Provinces Panchayat Rai Act.
terr i tory of Tripura. 1947 as extended to the Union THE UNITED PROVINCES PANCHAYAT RAJ ACT, 1947 U. P. ACT N O . XXVI OF 1947 '%" AU United P r o ^ m c e s " ^ ^ ^ l 0 C a l a d f r « 0 T O B B » t i n t h e ™ 1 areas of the Whereas it is expedient to establish and develop local self-eovprmnerf i« +h* It is hereby enacted as follows:
CHAPTER I—PRELIMINARY TT h Slioi-t title, extent and commencement.—(i) This Act mav be callpri "tho United Provinces Panchayat Raj Act, 1947". y e a t h e
(2) It shall extend to the whole of the Union Terri tory of Tripura excepting any .area which has been or may hereafter be declared a s .or m e l u d e d % a municipality, a town area or a notified area, under any law for the time being m force, or which has been or may hereafter be declared as '-o r included in a cantonment under the Cantonments Act, 1924 notifi
(3) It shall come into force on such date as the Chief Commissioner may by ihcauon m the Official Gazette, appoint; and different dates may be appointed „„„„_™..„^. w „.iiv, w^iv-.uj ^ n i o r c . npyuiin. diio Liuiereni. aa for different areas and for different provisions of the Act.
2. Definitions.—In this Act, unless there is anything repugnant in the subVct or context— •-•
(a) "Nyaya Panchayat" means a Nyaya Panchayat established under section 42 and includes a bench thereof;
(b) "adul t" means a person, who has attained the age of twenty-one years ;
5 •(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 Tripura;
(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 Gaor, Sabha, means the Collector, District Magistrate or Sub-Divisional Magistrate of the district or the sub division as the case may be in which such Gaon Sabha is constituted;
(f) "Territorial Council" means the Territorial Council of Tripura constituted under the Territorial Councils Act, 1956 (103 of 195G);
(g) "Gaon Sabha" means a Gaon Sabha established under section 3;
•(h) "Gaon Panchayat" means the Executive Committee of the Gaon Sabha established under section 12;
(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", wi th reference to a Gaon Panchayat , means the Munsif having local jurisdiction in the area in which such Gaon Panchayat is consti tuted;
<kk) "official gazette", means the Tripura 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 tr iable by a Nyaya Panchayat;
(mm) "Public proper ty" and 'public land' mean any public building, park or garden or other place to which for the time being the public have or are permit ted to have access whether on payment or otherwise;
(n) "public servant" means a public servant as defined in section 21 of the Indian Penal Code, 1860 (Act XLV of 1860);
<o) "public street" means any road, street, brigde, 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, thereunder;
(q) "prescribed authori ty" means an authori ty to be notified as such by the Chief Commissioner whether generally or for any part icular purpose;
(r) omitted.
<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 authori ty;
(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.
(w) "Scheduled Castes" means the castes deemed to be Scheduled Castes under the Constitution of India;
(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—ESTABLISH,TSNT AND CONSTITUTION OF GAON SABHAS 3 Establisliment and constitution of Gaon Sabhas and their Jurisdiction—(1) The 'Chief Commissioner shall, by notification in the Official Gazette, estabhsh a Gaon Sabha for every village or group of villages.
6 iur /sdkt ion S H h L r°nnn l iScfi^ i e r • El?fU d e £ l a r e t h e n a m e a " ^ the terri torial i , i s a i c u o n 01 tne Gd.on Sabha m the notification mentioned in quh qpptinn VrJ ^S^^TGS^^^ST " 5e PffiCial S*SS? efthlfontSMS ; „ n Ui, 21 a L-aon babha or of the residents of anv village. include a n " 9 ™ s J S d d o n S m t ^ a T f r ° m t h e l F e a o f a G a o " Sabha and make s c h i n c i d e n t ! snci consequential orders a s may be necessary for effecting the change. L" i f e-U-L . .@) Where by notification under sub-section (2) any area is included in the S S f S S 0 ± a ? T S S ] ^ s u c h a r e a * a a thereby become subfecfto a l l l o t i n c a - taons, rules, regulations, by-laws and orders made under this or anv offier enact men t in force m the area within the jurisdiction of the aforesaid Gaon Sabha i« « i t a n « K S , t S ? ° £ G a o n Sabha.—Every Gaon Sabha shall, by the name, notified m the Official Gazette under section 3, be a body corporate having perpetual succession and a common seal and shall, subject to any restriction or condition imposed by or under this or any other Act, have power to acquire, by purchase.
gil t or otherwise, to hold, administer., and transfer property, both' movable and immovable, anci to enter into any contract and shall, by the said name, sue or be is L i t :&.
5. Membership of Gaon Sabha.—(1) A Gaon Sabha shall consist of all adul ts ordmarily resident within the area for which it is established but a person shall D6 disqualified for being a member of the Gaon Sabha if he—
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court.
(2) A person shall be deemed to be ordinarily resident in a village if he has been ordinarily residing in such village or towns, or is in possession of a dwelling house therein, ready for occupation.
5-A. "Disqualification for holding office under Gaon Sabha or Nyaya Panehayat.—A person shall be disqualified for being chosen, nominated or appointed to, and for holding any office in the Gaon Sabha or the Gaon Panehayat , or the Nyaya Panehayat constituted under section 42. if he—
(a) is, for the t ime being, not a member of the Gaon Sabha concerned,
(b) holds any office of profit under the Government or a local author i ty (other than a Gaon Sabha or Nyaya Panehayat) ,
(c) is a salaried servant of a Gaon Sabha or a Nyaya Panehayat ,
(d) has been dismissed from the service of the Government or a local authori ty or a Nyaya Panehayat for misconduct,
(e) is in arrears of any tax, fee or ra te due by h im to the Gaon 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,
(i) has been ordered to give security for good behaviour under section 10© ' or 110 of the Code of Criminal Procedure, 1398 (Act V of 1898), Hp-
(j) has been sentenced to imprisonment for a term exceeding six months or to t ransportat ion for contravention of any order made under the Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV of 1046),
(k) is convicted of an election offence,
(1) is convicted under the Untouchabili ty Offences Act, 1955,
(m) is b l ind or dumb, or
(n) has been removed fr-om office under sub-clause (hi) or (iv) of clause
(g) Of sub-section (1) of section 95 unless such period as has been provided in that behalf hi the said section or such lesser period as the Chief Commissioner may have ordered in any part icular case has elapsed: ! -"" -'" 'ttfVrS
Provided that the period of disqualification under clauses (d) , (g), (h), ( i) , ( j) . (k) or (1) shall be five years from such date as may be prescribed:
Provided further tha t the disqualification under clause (e) shall ceases upon payment of a r rears :
Provided also that a disqualification under clauses (d), (g), (h), (i), (j)
(k), or (1) may, in the manner prescribed, be removed bv the Chief Commissioner.
c T!"5 ' P ^ ^ S * * * 0 1 ^ - ! ^ 7 o k l i n S offi°e of Praflhan.—A member of a Gaon 30 e a r f a"?' q u a l l f i e d t o D e c h o s e n a s Pradhan unless he is not less than a member*if-' ° f memheTshi*—W A member of a Gaon Sabha shall cease to be
(a) he is disqualified under section 5, ( b ) ^ the^ lon^abha 6 rteidea h a S b e e n e x c l u d e d &om the jurisdiction of
(c) h e ^ ^ c e | | e o M o be ordinarily resident within the jurisdiction of the section T n ^ / ^ i?er?°n C e a s e s t ( \ b e a m e ^ e r of a Gaon Sabha under sub- H 5 } - « s h - , a 1 1 a l s o c e a s e t 0 h o M a ny offlc& to which he may have been elected, nominated or appointed by reason of his being a member thereof 6-A. Decision on question as to aisqulification.—If any Question arises â to B 5 A ' o r ^ T n f i ^ J F S S F subject to any d t a Q u a H i c ^ < S S & d i f s 5 i £ the"Scr ibed atrthoritv fo r °?h^ °- ? e c t l o n 6 the question shall be referred to v M ^ i + ^ i : authority for the decision and his decision shall, subject to the SfSTw y a P P e ? a? m ? y b e Prescribed, be- final, and the name of the person shah, if necessary, be struck off from the register of members." Person
7. Omitted.
8 Effect of change in population or inclusion of the area of a Gaon Sabha in Municipalities, etc.-If the whole, of the area of a Gaon Sabha ismclided to a municipality cantonment, notified area, or town area, the Saon Sabha shaS cease and its assets and liabilities shall be disposed of in the manner prescribed If a part of such area is so included, its jurisdiction shall be reduced by that part.
»' I+LSfe5iStier 11° f m e m b + e r s - - 0 1 1 * e establishment of a Gaon Sabha the prescribed c Jtfionty shall cause to be prepared a register m the prescribed form of all persons ordinarily residing within the jurisdiction of such Gaon Sabha and such register shall among other things, contain the names of every person entitled under section 5 to be a member of the Gaon Sabha on the elate of its establishment The register so prepared shall be revised at least once a year in the manner prescribed.
10 Removal of dMciilvy in the estattistuaetti of Gaon Sabha a»0. in the working of it t*aoH Panchayat.—If, in establishing a Gaon Sabha or in the working' of a Gaon Panchayat, any dispute or difficulty arises regarding the interpretation of any provision of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the Chief Commissioner whose decision thereon shall-be final and conclusive.
CHAPTER III—THE GAON SABHA: ITS MEETINGS AND FUNCTIONS
11. Meetings of Gaon Sabha.—(1) Every Gaon Sabha shall hold two general meetings in each year (hereinafter called the half yearly meetings) at such time as may be prescribed: ~" '
Provided that the Pradhan at any time may, or upon a requisition in writing by the prescribed authority or by not less than one-fifth of the number of the members shall, within 30 days from the receipt of such requisition call an extraordinary general meeting. The time and place of all the meetings of fee G'>bn Sabna shall be published in the prescribed manner:
Provided further that where the Pradhan fails to call a meeting as aforesaid the prescribed authority may do so within a period to be prescribed.
(2) For any meeting of the Gaon Sabha one-fifth of the number of members shall form the quorum; provided that no quorum, shall be necessary for a meeting adjourned for want of quorum, .
11-A. ttadtan and Up-Pradhan of Gaon Sabha . - T h e r e , shall be a P radhan and a Up-Piadhan of the Gaon Sabha.
„ }yB- Election of' Pradhan.—(1) The Pradhan shall be elected by the. member!
ox me uaon oabha i rom amongst them in such manner as may be 'prescribed.
^ J R b l r b ; i e c t t 0 t h e . P r9v i . s ion of section 12-H, the t e rm of office of the P radhan S S 5 - f r B y ! ? r s ' orH *? t l i e C i u e f Commissioner so declares by notification in the (Jtncial Gazette, such longer term not exceeding 6 years as it may fix.
(3) The declaration under sub-section (2) may be notified before the expiry Of b years aforesaid, or, where the te rm has been enlarged, before the expiry of such enlarged term.
_ l l - o . Election of Up-Pradhan.—(1) The Up-Pradhan of the Gaon Sabha shall be elected annual ly by the Gaon Panchayat from amongst its members in such manner as may be prescribed.
{%} The te rm of office of Up-Pradhan shall be one year from the datp( of hi election.
11-D. Prohibit ion of holding- office simultaneously in Gaon Panchayat, Nyaya Panchayat and in more than one Gaon Sabha.—No person shall simultaneously hold any office—
(a) both in the Gaon Panchayat and Nyaya Panchayat, or
(b) in more than one Gao Sabhas, and the: rules may provide for the vacation 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 Gaon Panchayat.—(1) As soon as may be after its establishment, every Gaon Sabha shall elect from amongst its members an Executive Committee called the Gaon Panchayat .
(2) The number of members of a Gaon Panchayat shall be such as may 'be prescribed and the Pradhan shall be ex-offieio member thereof. The Pradhan" and the Up-Pradhan shall also be ex-offieio P radhan and Up-Pradhan of the Gaon Panchayat.
(3) Subject to the provision of section 12-H, the te rm of office of a mess i e r of a Gaon Panchayat shall be 5 years, or, if the Chief Commissioner so declares by notificatio n 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 thei t e rm has been enlarged before the expiry of such enlarged term.
(5) The area of a Gaon Sabha may be divided by the prescribed authority into such number of constituencies as may be convenient for the purpose of election.
(6) .The election of the members of a Gaon Panchayat shall be held on joint ' electorate system in such manner as may be prescribed and the rules may provide**- for the payment of fees.
(7) Seats shall be reserved for scheduled castes and scheduled tribes in the Gaon 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 Gaon Panchayat as the population of the scheduled castes and scheduled tribes in the area of the Gaon Sabha bears to tha total population of such area:
Provided that this sub-section shall cease to have effect on and from the twenty-sixth day of January , I960:
Provided further that nothing in the preceding proviso shall affect - a n y representation in a Gaon Panchayat until tha dissolution thereof: '-kz'
Provided also that for purposes of determining the due representation of Scheduled Castes and Scheduled Tribes in any Gaon 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," number of members , but if it again fen, ?„ p i p f t v ? i e 3 e ^ t h ! remaining members it shall be "lawful fox t S S ^ ^ ' c S i i ^ S i ^ . S f S S , ° f . + r e m a i ^ S ™ , L f s e r n u ™ b e f >s - f e e d ^ any case as shall exceed by such number") the as S d l f a n P o f a n t i 0 r a n ° % q 7 i £ t i 0 n i l l f i ' * " ^ ^ - ~ C 1 ) The election of a person S w J S r ^ S ? n , S a b h a o r a s member of a Gaon Panchayat including the raya Pancliavat unciei section 43 shall not be called m question except by an application presented J L S g r o u n f t S - W l t h i n S U C h t i m e 3 n d l n S U C h n 3 a ™ e T a s mayP be prescribed on Ca) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or
(b) that the result of the election has been materially affected—
(i) by the improper acceptance or rejection of any nomination; or
(ii) by gross failure to comply with the provisions of tin's Act or the rules framed thereunder.
(2) The following shall be deemed to be corrupt practices of bribery 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 thdraw from behag 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 wi thdrawn his candidature; or
(ii) an elector for having voted or refrained fi crn voting.
(B) Undue influence, that is to say, any direct or indirect interference or a t tempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with 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 ex-communication of" expulsion from any caste or community; or
(ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure shall be deemed to interfere with the free exercise of the electoral r ight of such candidate or elector within the meaning of this clause 10 • • j (3) The application under sub-section fi) may be presented by any candidate Et the election or any elector and shall contain such particulars as may be prescribed. " j,
Explanation-.—Any person who filed a nomination paper at the election.
•whether such nomination paper was accented or rejected, shall be deemed to be a candidate at the election.
(4) The authority to whom the application under sub-section ( i ) is m a d e shall, in the mat ter of—
(i) hearing of the application and the procedure to be followed at such hearing,
(ii) setting aside the election or declaring the election to be void o r declaring the applicant to be duly elected or any other relief that may be granted to the petitioner, have such powers and authori ty as may be prescribed.
(5) Without prejudice to the generality of the powers to be prescribed under sub-section (4) the rules may provide for the summary hearing and disposal of *•• an application unde.fr sub-section ( ] ) .
(6) The order passed by the prescribed authori ty upon an application under sub-section (1) shall be final and conclusive, and shall not be questioned in any Civil Court. J 12-D. Disputes pertaining to the election; of Up-PradJiara, Sarpanch or 3ahayak Sarpaneh.—Any dispute relating to the election of Up-Pradhan of a Gaon Sabha or of Sarpanch or Sahayak Sarpanch of a Nyaya Panchayat shall be referred in the manner prescribed to the prescribed authori ty whose decision thereon shall be final and conclusive and shall not be questioned in any Civil Court.
12-E. Oath of Office.—(1) Every member of a G a o n Sabha shall, before entering upon any office referred to in sections 11-A, 11-B. 12-A. 43 or 44 make and' subscribe before such authori ty as may be prescribed on oath oi affirmation in the form, to be prescribed.
(2) Any member wTho declines or otherwise refuses to make and subscribe an oath or affirmation as aforesaid shall be deemed to have vacated the office forthwith.
— -to 12-F. Resignation.—A Pradhan, Up-Pradhan or a member of a Gaon Panchayat may, by _ writ ing under his hand addressed to such authori ty as may be prescribed,.
resign his office and his office shall thereupon become vacant.
12-G. General elections.—Notwithstanding anything contained in sections 11-B, 11-C, sub-section (3) of section 12 and section 45, the Chief Commissioner m a y at any time order a general election of Praclhans of Gaon Sabhas and members of Gaon Panchayats including Panches of Nyaya Panchayats in the whole Union terri tory or in any specified area thereof.
12-K. Casual vacancies.—If a vacancy in the office of the Pradhan, Up-Pradhan or of a member of a Gaon Panchayat arises by reason of his death, removal, \ resignation or avoidancei of his election it shall be filled for the remainder of his term in the manner, as far as may be, provided in section 11-B. 11-C or 12, a s .*• the case may be.
12-1. Jurisdiction of Civil Courts in election mat ters barred.—No Civil Court shall have jurisdiction to question the legality of an}' action taken or any d&cision given by an officer or authori ty appointed under this Act, in connection with the conduct oi elections thereunder .
12-J. Power of Up-Fra&fcan,—The Up-Pradhan shall exercise such powers of the Pradhan as may be prescribed.
12-K. Teirrtre of office of Pradhan and Up-Pradhan.—Notwithstanding anything contained in sub-section (2) of section 11-B or of 11-C the Pradhan and Up- Praclhan shall continue in office until their reSDective successors are elected. —/" 4_
13. Bufiget Of Gaon SaMia.—The Gaon Sabha shall at such one half yearlymeeting as may be prescribed consider and pass the annual estimate of income and expenditure for the following year and at the other half yearly meeting it shall consider the accounts of the preceding year. At both the meetings, the Gaon Sabha shall consider the half yearly re turns of business submitted by t h e Pradhan:
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Provided that where for any reason an annua] estimate of income and expendi ture is not passed by a Gaon Sabha in the prescribed half yearly meeting such estimate may be passed by it at any subsequent meeting before, such date as may he prescribed under sub-section (4) of section 41.
14 Removal of Pradhan or Up-Pradhan.—The Gaon Sabha may at a meeting specially convened lor the purpose and of which at least 15 days' previous notice shall be given remove the Pradhan or Up-Pradhan by a majority of t w o - K s w « 5 j S „ B S h S t e P 1 ' f e n t a n d , v o t i n g - .,T1\e P ^ c e d u r e to be followed at the meeting shall be such a s may ba prescribed.
CHAPTER IV—POWERS, DUTIES, FUNCTIONS AND ADMINISTRATION OF GAON PANCHAYATS.
15. Duties and functions.—It shall be the duty of every Gaon Panchayat so ta r as its funds may allow to make reasonable provision within its jurisdiction 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;
(d) upkeep, protection and supervision of any buildings or other proper ty which may belong to the Gaon Sabha or which may be t ransferred to it for management;
(e) registering births, deaths and marriages, and maintenance of the register mentioned in section 9;
(f) removal of encroachments on public streets, public places and proper ty vested in the Gaon Sabha;
(g) regulating places for the disposal of dead bodies and carcasses and of other offensive matter;
(h) regulation of rnelas, markets and fiats within its area, except those managed by the Government or the Terri torial Council;
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(j) establishment, management and care of common grazing grounds, and land for the common benefit of the persons residing within its jurisdiction;
(k) construction, repair and maintenance of public wells, tanks and ponds for- 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 alteration of any existing building;
(m) assisting the development of agriculture, commerce and industry;
(n) render ing assistance in extinguishing fire and protecting" life and property when fire occurs;
(o) the administration of cavil and criminal justice;
(p) the maintenance of such records relating to cattle census, population 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 hides;
(s) fulfilling any other obligation imposed by or under this Act or any other law on a Gaon Sabha;
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16. Discretionary functions.—A Gaon Panchayat may also make provision within its jurisdiction for—
(a) planting and maintaining trees at the sides of public streets and in other public place;
(b) the improved breeding and medical t reatment of cattle and prevention:
of disease in them including die maintenance of pedigree bulls;
'(c) filling in of insanitary depressions and levelling of land;
(d) organizing, subject to rules prescribed, a village volunteer force for' watch and ward, for assisting Gaon Panchayat and Nyaya Panchayat:
in the discharge of their fv:::':'"~r - - -1 fa-: ih and notices issued by them;
12 N, •(k) establishment and maintenance of a gymnasium or club or, other •(e) assisting and advising agriculturists in the obtaining and distribution among them of Government loans and in the repayment thereof, in the liquidation of old debt and generally in. the establishment of sound credit system according to law;
•(f) development of co-operation and establishment of improved seed and ' implement stores;
•(g) relief against famine or other calamity;
(hi making representation to the Territorial Council for performance by n. of such functions in relation to the area within the jurisdiction of the Gaon Sabha as is beyond the powers of the Gaon Sabha;
(i) extension of the inhabited area and provision for house sites for weaker section of the public;
(j) establishment and maintenance of a library or reading room,
(jj) establishment and maintenance; of pr imary schools for boys and girls;
< \ , • place for recreation and games;
(1) regulating the collection, removal and disposal of manure and s w e e p - - ^ ings and making arrangements for the disposal of carcasses of animals;
(m) prohibiting or regulating the curing, tanning, and dyeing of skins within 220 yards of the inhabited area;
(n) setting up organization to promote goodwill and social harmony between different communities;
<o) public radio sets and gramophones; '
(p) any other measure of public utility calculated to promote the moral and material well-being or convenience of the villagers;
(q) with the previous sanction of the Territorial Council the doing of anything which falls within the functions of the Territorial Council ' for the benefit of the persons living within the jurisdiction of the Gaon Sabha; and
(r) the doing of anything the expenditure on which is declared by the Chief Commissioner, or by the prescribed authori ty with the sanction of the Chief Commissioner to be an appropriate charge on the fund of the Gaon Sabha.
(s) making arrangements for the seizure and disposal of stray cattle, s t r a y dogs, wild animals and monkeys.
17. Power of Gaon Panehayats as to public streets, waterways and other matters.—A Gaon Panchayat shall have control of all public streets, waterways, other than canals excluded from the jurisdiction of the Gaon Panchayat by the -Chief Commissioner, situate within its jurisdiction not -being a pr ivate street or waterways and not being under the control of the Government or the Territorial •Council or any other authority specified by the Chief Commissioner and may do .all things necessary for the maintenance and repair thereof, and may—
(a) construct new bridges or culverts:
(b) divert, discontinue, or close any public street, culvert or bridge;
(c) widen, open, enlarge or otherwise improve any public street, culvert or bridge with minimum damage to the neighbouring fields;
(d) deepen or otherwise improve waterways:
(e) with the sanction of the prescribed authority, undertake small irr iga 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 animals or doing of other acts likely to pollute the course so-set apar t :
18. Improvement of sanitation.—For the improvement of sanitation, a Gaon Panchaya t may, by notice direct the owner or occupier of any land or building.
ff V taking into consideration his financial position and giving him reasonable time.- for compliance thereof: — (al to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool or other receptacle for" filth, sullage-water. rubbish or refuse pertaining to such land or building or to remove or alter any door or t rap or construct any drain for any such latrine, urinal or water-closet which opens on toa street or drain, or to shut off such latrine, urinal or water-closet by a sufficient roof and wall or fence from the view of persons pass ing by or dwelling in the neighbourhood:
(b) to cleanse, repair, cover, fill up, drain off, deepen, or to remove water from a private well, tank, reservoir, pool, pit, depression or excavation therein which may appear to the Gaon Panchaj 'at to be injurious to health or offensive to the neighbourhood;
(c) to clear off any vegetation, undergrowth, prickly pear or shrub-jungle;
(d) to remove any dirt, dung, night-soil, manure or any noxious or offen sive matter therefrom and to cleanse the land or building;
Provided that; a person on whom s notice under clause (b) is served may,.
within 30 days of the receipt of the noiice -appeal to the Principal Officer, Health against the said notice who may vary, set aside or confirm it.
IS. Maintenance and improvement of schools and hospitals. (1) A Gaon- Panchayat—
(a) shall, where it establishes a pr imary school for boys and girls, m a i n tain the school subject to such rules as may be prescribed regardingthe curriculum, employment and qualifications~ of teachers and' supervision of schools. i
(b) shall, subject to such rules as may be prescribed regarding theestablishment maintenance and supervision, maintain any existing Ayurvedic, Homoeopathic or Unani hospital or dispensary including' the building and equipments thereof and may, similarly establish and maintain a new hospital or dispensary for one or more of 1 hesystems of medicine mentioned above.
(2) The Terri torial Council and the Chief Commissioner shall make such, grants for such school, hospital or dispensary, as may be prescribed.
20. Establishment of_primary school and hospital or dispensary for a group of Gaon. Safehas.—(1) Where a group of neighbouring Gaon Sabhas have no Ayurvedic, Homoeopathic or Unani hospital Or dispensary the Gaon Panchayats thereof shall, if so directed by the prescribed authority, combine to establish and maintain such a hospital or dispensary, and it shall be managed and financed' in the manner prescribed. The Chief Commissioner and the Territorial Council shall make such grants for such hospital or dispensary as may be prescribed.
(2) Where a group of neighbouring Gaon Sabhas have no pr imary schools, the Gaon Panchayats thereof may combine to establish and maintain such a- •, school and it shall be managed and financed in the manner prescribed. The Chief Commissioner and the Territorial Council shall make such grants for such school as may be prescribed.
21. Assistant to Government servants,—A Gaon Panchayat shall, if so pres cribed by the Chief Commissioner and so far as practicable, assist any Govern ment servant in the performance of his duties within its area.
22. Representations and recommendations by Gaon Panchayats.—A Gaon Panchayat may make to the proper authority—
(a) any representat ion concerning the welfare of the persons residing within its jurisdiction and
(b) any recommendations as to the appointment, transfer or dismissal o f a patrol of the irrigation department, tehsildar, assistant tehsildar, amin, village chowkidar or mukhia serving in any area within thejurisdiction of such Gaon Panchayat.
' So 0 14 On?eceMn| a Z S t f ^ f f n t ? the misconduct of certain officials.-.
•Gaon ̂ c ^ ^ % ^ ™ ^ ^ ' ^ ^ ^ $ the Junction of a s ? q & e i u i r y * required< tak i - ^ v < ^ ^
(a) to collect any taxes or dues payable to the Government or the local • S£2S£i.U£n Payment ° f SUdl C0lIection ^Ss\° Sy be (W for carrying out any work on such terms as mav be agreed upon
(2) The power to appoint, punish, discharge dismk- m» rnn+mi „ „' , * the Gaon Sabha other "than a Secretary3S5belSed S thP r l £e r™n t °f but the Gaon Panchayat may delegate" to such offic ff^Wwt to T e h S ^ S i S S t ' S S S S S aormdfs^al r e S C r i b e d ' t h e * » * * to i m ^ s e ^ PunSmen°t l do£ E h a i ? i k - a P P e a l f r ° m a n ° r d e r Punish in& discharging or dismissing a servant ( 3 ) ^aon BSgSS an?0"'" " * * " " " * * «*« 1S « * * * b>" « "
(b) to the Gaon Panchayat, where such an order is passed bv an office to whom such powers have been delegated under sSb-Ltion (2^
(4) The prescribed authority may, subiect to the nnnrHt,,-,̂ »0 ™„ i
(5) A Nyaya Panchayat may with the previous sanction of the WAsmk^ authority appoint persons on its staff in the m a n n a r S L T E S S ^poaxbed shall be under the administrative c o n ™ f the prese t eel fu to i tv who shall have power to transfer, punish, discharge or dismiss them. 5 ' 06) Appeal shall lie from an order of the m-F r̂rihe^ tm¥hn-*u-~ • * • discharging or dismissing a person made? subjection ?5) to an P™fiWil& appointed m this behalf by the Chief Commissioner! } authority 25-A. Appointment, leave and dismissal, etc., of Secretary — ("11 RnW^t * such directions including directions regarding payment fromthe Gaon & ^ his salary, allowances and other dues a<j tW r>fS r „ ^ , - • l u n d V there shall be appointed by ° u c h a u K i l ^ a j m a f f c l p S S b f f f f s M ^ r ^ S ^ •every Gaon Panchayat or a group of Gaon Pandiavats Th« ,£ecre + taiy f°r S S n f d . S h a 1 1 a lS° b e eX-0ffS° ^ ^ rf^tzon ^bha^^r^^bhls 15 d l s i i ? s a w ™ ^ e ^ shall, in the mat ter of leave, promotion? transfer, f ™ S t f ™ ^ -ld 3 ° t h ^ ^ c i p h n a r y action be under the administrative eenlroJ oi: the prescribed authority aforesaid which shall exercise its powers and functions m the manner prescribed; <-^-.LKA. u,. powers Provider] that an order of the prescribed authority removing or dismissing iS^cl £ " « ? Sn- ^ f P r a ! a ! 3 l e W i t h i n a p e r i o d a n d i n l h e ™a°ner, to be pre holSfSo°Sucl S e f a S ^ t C ' ^ * W ^ a u t h 0 r i t y iS ^ e s C r i b e d ** 1 h i s ~ f£; ^ i g ' h t o f i a ^ v J d a a J members.—A member of a Gaon Panchavat may at any meeting move any resolution and put question to the Pradhan or Up-Pradhan S a n n S ^ p r e s e r S I """^ **"* a d m i n i s 1 r a t i o n o f t h e Gaon Panchavat ' in " the «* «7 ' P ^ i m l t * " f 0 i ' causing loss, waste, or misapplication of money o r proper ty of t he Gaon Pancnayat .—(1) Every member of the Gaon 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- property belonging to the Lraon i anchayat, if such loss, waste or misapplication is a direct consequence o± his neglect or misconduct, while a member of the Gaon Pancnayat , joint committee or other committee, and a civil case compensation may be instituted ag?i l l s,-+ m " y h e G a o n Panchayat with thei previous sanction of the prescribed
(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 Gaon I anchayat as the case may be, may, within 30 days of such sanction or refusal, appeal to the Chief Commissioner or an appellate prescribed authori ty against the said sanction or refusal.
(3) The Chief Commissioner may institute a civil case mentioned in sub-sec tion (1) on his own initiative.
28. Member and servants to be public servants.—Every member or servant of a Nyaya Panchayat , a Gaon Panchayat, a joint committee or any other committee constituted under this Act shall be deemed to be a public servant.
29. Committee.—Subject to the prescribed conditions, a Gaon Panchayat may establish a committee to assist i t in the discharge of any specified duty or class of duties and m a y 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 Gaon Sabhas may combine by means of a wri t ten instrument to appoint a joint committee consisting of their representatives, for the purpose of transact ing any business in which they are jointly interested and may—
(a) delegate to such committee power, with such conditions as they may think proper to impose, to frame any scheme binding on each such Gaon 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 con ducting proceedings and correspondence.
_ (2) If any difference of opinion arises, between the Gaon Sabha acting under this section, it shall be referred to the prescribed authority whose decision there on shall be final.
31. Delegation.—All the duties, powers and functions of the Gaon Sabha except, those specified in Chapter III and sections 30 and 41 shall be exercised per formed or discharged by the Gaon Panchayat and not otherwise.
CHAPTER V—(ACQUISITION OF LAND, GAON FUND AND PROPERTY) 32 Gaon Fund.— (1) There shall be a Gaon Fund for each Gaon Sabha and t h e 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 Gaon Sabha or the Gaon Panchayat or any com mittee thereof by this or any other enactment.
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(2) The following shall be credited to the Gaon Fund:
(a) The proceeds of any tax imposed under this Act.
(b) all sums handed over by the Chief Commissioner to the Gaon Sabha.
(d) All sums ordered by a Court to be placed to the credit of the Gaon Fund.
(e) All sums received under section 104.
(f) The sale-proceeds of all dust, dirt, clung or refuse including the dead bodies of animals, collected by the servants of the Gaon Panchayat , fg) Such portion of the rent or other proceeds of Government land uti l is ed for building purposes a s the Chief Commissioner may direct to be placed to the credit of the Gaon Fund.
(h) Sums contributed to the Gaon Fund by any Terri torial Council or other local authority.
(i) All sums received by way of loan or gift.
(3) Such other sums as may be assigned to the Gaon Fund by any special or general order of the Chief Commissioner. **
(k) All sums received by the Gaon 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 Gaon Sabha arising from a trust legally imposed upon or accepted by it. d fc 33 Power to acquire land.—Where a Gaon Sabha or a number of a Gaon babnas which have combined under the. provisions of section 20 or 30 require any land to carry out any purpose of this Act, it or they shall first t ry to have the land by private negotiation and if the parties concerned fail to arrive a t the agreement, such Gaon Sabha, or Gaon Sabhas may m a k e an application m the, prescribed form to the Collector to acquire the land and the Collector may acquire such land for such Gaon Sabha or Gaon Sabhas.
Explanation.—-In this chapter the expression "land" includes benefits to arise out of land, and things attached to the ear th or permanent ly fastened to anything attached to the earth.
34. Proper ty vested in the Gaon Sabha.—(1) Subject to any special reserva tion made by the Chief Commissioner, all public property situated within t 8e jurisdiction of a Gaon Sabha shall vest in and belong to the Gaon Sabha and shall, with all other proper ty which may become vested in the Gaon Sabha, be under his direction, management and control.
(2) All markets and fairs or such portion thereof as are held upon public land shall be managed and regulated by the Gaon Panchayat and the Gaon Sabha shall receive to the credit of the Gaon Fund all dues levied or imposed in respect thereof.
35. Disposal of Claims.—Where any dispute arises as regards the ownership of any property mentioned in section 34 between a Gaon Sabha and any person, the Gaon Panchayat shall give such persons a reasonable opportunity of being heard and then decide whether to t reat the said proper ty as the property of the.
Gaon Sabha. t•, _ 36 Power to borrow.—With the sanction of the prescribed authori ty and sub ject to such conditions as may be prescribed, a Gaon Sabha may borrow money from the Government or any other Gaon Sabha to carry out any of the purposes of this Act.
37. Imposition of taxes and fees.—(1) Subfrr* to the rules made or directions given or restrictions imposed by the Chief Commissioner, a Gaon Sabha may l e v y - fa) in areas where the rights, title and interest of intermediaries have been acquired under any law for the time being in force a t ax on land not exceeding one anna in a rupee on the amount of land revenue payable therefor: -lV-
Provided tha t where the land is in the actual cultivation of a person other than the person liable to pay land revenue therefor, the t a x shall be payable by the person in actual cultivation;
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(b) in areas other than those referred to in clause (a) a tax on rent not exceeding one anna in a rupee on the amount of rent payable by a tenant by whatever name, called, under the law in force" relat ing to land tenures:
Provided that where the land is in the actual cultivation of the person l iable to pay land revenue therefor, the tax shall not exceed one anna in a rupee on the amount of land revenue for such land;
(c) a tax subject to a maximum of six rupees per annum on persons carry ing on any trade, catling or profession within! the jurisdiction of the Gaon Sabha:
Provided that in the case of theatre, cinema or similar enter ta inment temporar i ly stationed in the area of the Gaon Sabha, a t ax not exceeding five rupees per diem may be levied:
(d) a t ax payable by the owner thereof on animals and vehicles other than mechanically propelled vehicles kept within the area of the Gaon Sabha and plied for hire at the rate—
(i) in the case of animals, not exceeding three rupees per animal per annum;
(ii) in the case of vehicles, not exceeding six rupees per vehicle De,r annum; * - • » * - " " ^ JJC,J-
(e) a tax on persons, not being persons assessed to tax under clause fc) exposing goods for sale in markets hats or meals belonging to or unde r the control of the Gaon Sabha concerned:
(f) a tax on the registration of animals sold in any marke t or place belong ing to or under the control of the Gaon Sabha.
(g) fees for the use of slaughter houses and encamping grounds;
(h) a wa te r ra te where water is supplied by the Gaon Sabha;
(i) a tax for cleaning private latrines and drains payable by the owners or occupiers of the houses to which the pr ivate latrine or drain is attached, where such cleaning is done through the agency of the Gaon Sabha; and
(j) a tax, not exceeding such rate as may be prescribed, on buildings owned by persons who do not pay any of the aforesaid taxes and whose annual income exceeds three hundred rupees.
(2) The taxes, rates and fees under sub-section (1) shall be imposed, assessed and realised in such manner and at such times as may be prescribed.
37-A. Appeal against levy of tax, ra te of fee.— (1) An appeal against the levy of a tax, ra te or fee by the Gaon Sabha shall lie to the prescribed authori ty.
(2) Where it is brought to the notice of t he prescribed authori ty that a tax, ra te or fee has not been imposed on any person on whom it should have been imposed it may direct the Gaon Sabha to impose it on tha t person or persons and the Gaon Sabha shall thereupon act accordingly.
37-B. Taxes and dues recoverable as a r rears of land revenue.—All dues on account of the taxes imposed and other sums payable to a Gaon Sabha under Ihis Act shall be recovered as arrears of land revenue if the Gaon Panchayat concerned passes a resolution to that effect within three months from the date of assessment:
Provided thai where a Gaon Panchayat fails to pass such a resolution within the said period of three months the prescribed authority shall authorize the recovery of the ar rears of taxes as arrears of land revenue.
37-C. Remission of tax, rate or fee.— (1) The Chief Commissioner may remit the whole or part of any tax, rate or fee levied by a Gaon Sabha.
(2) The power exercisable by the Chief Commissioner under sub-section (1) shall also be exercisable either generally or in any specified area by the pre scribed authority under such circumstances as the Chief Commissioner may prestribe.
(3) A Gaon Sabha also may by resolution and under such circumstances as may be prescribed remit the whole or part of any such tax. rate or fee imposed or levied by it, provided that no such resolution shall take effect unless it is approved by the prescribed authority.
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(4) Where any tax, rate or fee has been remit ted under sub-section (1) to
(3), any sum realised from the assesses on account of the. t a r , ra te or fee so remitted shall be refunded to him bv the Gaon Sabha.
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38. Realisation of does, custody of funds and. accounts.—The Gaon Panchayat shall, as prescribed, ar range for the realization of panchayat taxes and dues, custody of its funds and maintenance of accounts.
39. Expenses of Nyaya Panchayat to be a charge on Gaon Fund.—(1) The expenses of a Nyaya Panchayat shall be charged to the Gaon Fund or Gaon Funds of the Gaon Sabhas comprised in the circle in such proportion as may b e determined by the prescribed authority.
(2) All sums realised by way of court fees or fines in a case triable under this Act shall be credited to the Government, but the Chief Commissioner shall out of the sums so realised pay by way of grant such portion not exceeding fifty per centum as he may fix to the Gaon Sabha concerned for defraying the expenses of the Nyaya Panchayat.
40. Audit.—The accounts of every Gaon Sabha and Nyaya Panchayat shall X- be audited at such intervals and in such manner as may be prescribed. ' f
41. Annual estimate/ of income and expenditure.—(1) (a) Every Gaon Panchayat shall prepare and lay before such half yearly meeting of "the Gaon 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 Gaon Panchayat shall prepare and lay before the other half year ly meeting of the Gaon Sabha its report including the account of its actual and expected receipts and expenditure for the year ending on the 31st March last preceding such meeting.
(2) The Gaon Sabha may pass or refer back to the Gaon Panchayat the annual estimate submitted to it for reconsideration with such direction as it may give in the manner prescribed and may likewise pass a recommendatory resolution in respect of the report or of any other matter .
(3) If the annual estimate is referred to- the Gaon Panchayat for reconsidera tion as aforesaid, the Pradlian shall call an extraordinary meeting of the Gaon Sabha to be held within a fortnight of the said annual meeting and the Gaon Panchayat shall resubmit the annual estimate at the said meeting wi th suc^.'
modifications as may be necessary in the light of the. directions of the Gaon Sabha, and the Gaon Sabha shall then pass the annual estimate in the manner prescribed. Subject to rules in this behalf the annual estimate shall take, effect after it has been approved by the prescribed authority, and a Gaon Panchayat may with the approval of the prescribed authori ty incur any expenditure on a.
mat ter already approved in the annual estimate provided that the total of the annual estimate is not exceeded.
(4) If before such date as may be prescribed a Gaon Panchayat does not lay the annual est imate of income and expenditure before the Gaon Sabha or the 3 Gaon Sabha does not pass the same, the prescribed authori ty may call upon the Gaon Panchayat to furnish such information as it may require and may prepare an annual estimate of income and expenditure for the Gaon Sabha. Tire annual estimate so prepared shall then be sent to the Gaon Sabha which shall accept " S and pass the same, in the manner prescribed. Where the Gaon Sabha fails to dp 1 so within such time as may in this behalf be prescribed the said annual estimate.
of income and expenditure shall have effect as if it had been prepared by the Gaon Panchayat and passed by the Gaon Sabha concerned:
Provided that the Gaon Sabha may at any t ime after the annual estimate takes effect, make in the manner prescribed such modifications or changes therein as it may consider necessary.
(5) The prescribed authori ty may at any time whether before or after the annual estimate takes effect under sub-section (3) make such amendments, modifi cations or changes therein as may appear to it necessary.
CHAPTER VI—THE NYAYA PANCHAYAT J£T
42. Circle for Nyaya Panchayat.—The Chief Commissioner or the prescribed authori ty shall divide a sub-division into circles, each circle ..comprising as many areas subject to the jurisdiction of Gaon Sabhas as may be expedient, and establish Nyaya Panchayats for each such circle.
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Provided thai t he areas of Gaon Sabhas within each circle shall, as far as possible, be contiguous.
43. Constitution of Nyaya Panchayat.—There shall be appointed by the pre scribed authority five persons or such lesser number of persons as may be fixed under section ,12-A of prescribed qualifications out of the persons elected in accordance with sub-section (6) of section 12 and section 12-A to be panches of the Nyaya Panchayat and the persons so appointed shall, notwithstanding anything hereinbefore contained, not be members of Gaon Panchayat :
Provided tha t where suitable persons possessing the prescribed qualifications are not available for such appointment any or all of such qualifications may be relaxed by the prescribed authority.
44. Election of Sarpanch and Sahayak Sarpanch.—The panches appointed under section 43 shall in the manner and within the period to be prescribed, elect from amongst t h e m two persons who are able to record proceedings, one as the Sarpanch and the other as the Sahayak Sarpanch:
Provided that if the panches fail to elect thei Sarpanch or the Sahayak Sar panch as aforesaid the prescribed authori ty may appoint the Sarpanch or the Sahayak Sarpanch.
45. Term of office of Panclies.— (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 the official Gazatte, extend the t e rm for a total period not exceeding one year ;
Provided fur ther that the Sarpanch and the Sahayak Sarpanch shall continue in office unt i l the i r respective successors are elected or appointed.
(2) The notification under sub-section (1) may bei published at any t ime before the expiry of five years aforesaid or, where the period has been extended before the expiry of such extended period.
46. Omitted.
47. Resignation of panches.—A Panch, a Sarpanch or Sahayak Sarpanch may resign his office as such by writing under his hand addressed to such authori ty r:s may be prescribed and his office shall thereupon become vacant. '
48. Omitted.
. 49. Bench of Nyaya Panchayat.—(1) The Sarpanch shall form Benches consist ing of five Panches each for the disposal of cases and inquiries coming up before the Nyaya Panchayat .
(2) The formation of Benches, the period for which they will work including the hearing of p a r t heard cases, the method of distribution, transfer or re-transfer of work among t h e Benches and procedure generally to be followed by them in cases and enquiries shall be governed by rules made under this Act.
(3) No Panch, Sarpanch or Sahayak Sarpanch shall take par t in the t r ia l of or inquiry in any case to which he or any near relation, employer, employee debtor, creditor or. par tner of his is a par ty or in which any of them is personally interested.
j
(4) Notwithstanding anything contained in this section, the Chief Commis sioner may prescribe the constitution of Special Benches for the t r ia l of any class or classes of cases:
Provided that thei Chief Commissioner may at any .time order for the r e - 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 ba fi lal.
50. Pilling- of casual 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 par t of his term by the prescribed author i ty by appointing a person from amongst the members for the t ime being of the Gaon Panchayat , and if the Panch vacating the office was also the S a i - panch 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 Gaon Panchayat from the date of his appointment, and the vacancy so caused in the Gaon Panchayat shall be deemed to be a casual vacancy for the purpose of section 12-H.
50-A. Powers of Sahayak Sarpanckv—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, 1.893 (V of 1893), every criminal case triable by a Nyaya Panchayat shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the offence is committed, and
(2) Notwithstanding- anything contained in the Civil Procedure Code 1908 (V of 1908), every Civil case instituted under this Act shall be instituted before the Sarpanch of the Nyaya Panchayat of the circle in which the defendant or anyof the defendants where they are more t han one, ordinarily resides or carries- ^ on business at the time of the institution of the civil case irrespective of t he place where the cause of action arose.
52. Offences cognizable hy Nyaya Panchayats.—(1) The following offences as well as abetrnents of and at tempts to commit such offences if committed within the jurisdiction of a Nyaya Panchayat shall be cognizable by such Nyaya Panchayat : .. ,\
(a) Offences under sections 140, 160, 172, 174, 179, 269, 277, 283, 285, 289, 290, 294, 323, 334, 341, 352, 357, 358, 374, 379, 403, 411 (where the value of the stolen or misappropriated property in cases unde r sections 379, 403 and 411 does not exceed fifty rupees), 426, 428, 430r 431, 447, 448. 504. 506, 509 and 510 of the Indian Penal Code, 1860 (Act XLV of 1860).
(b) Offences under Sections 24 and 26 of the Cattle Trespass Act, 1871 (Act 1 of 1871).
* * * *
(e) any other offence under aforesaid enactments or any other enactment!
as may, by notification in the official Gazette, be declared by th> Chief Commissioner to be cognizable by a Nyaya Panchayat ; and
(f) any offence under this Act or any ru l e made thereunder;
(1-A). The Chief Commissioner may by order published in the official Gazette empower any Nyaya Panchayat to take cognizance of offences under sections 279;, 286, 336 and 356 of the Indian Pena l Code, 1860, (Act XLV of 1860), and may likewise wi thdraw "any offence referred to in clause (a) and (b) of sub-section (1) from thei cognizance of Nyaya Panchayats generally or such Nyaya Panchayats as may be specified.
(2) Any criminal case relat ing to an offence under sections 143, 145, 151, or 153 .
of the Indian Penal Codei, 1860 (XLV of 1860), pending before any court may be transferred for tr ial to the Nyaya Panchayat if in the opinion of such court t h e * ^ offence is not serious.
53. Security for keeping- the peace.—(1) Whenever the Sarpanch of a Nyaya Panchayat has" reason to apprehend that any person is likely to commit a breach of peace or disturb public tranquili ty, he may call upon such person to show, cause why he should not execute a bond for an amount not exceeding Rs. 100 with or wi thout sureties for keeping the peace for a period riot exceeding- 15 days.
(2) Thei Sarpanch shall, after issue of such notice, refer the mat ter to a Bench.
The Bench m a y either confirm the order or discharge the notice after hear ing such person and such witnesses as he may desire to produce. - ^
(3) If the person required to execute a bond as aforesaid under sub-section C2) fails to do so he shall be liable to pay a penal ty up to five rupees as the B e n c i may fix for every day the default continues during the period fixed in the order.
54. Penalties.—(1) No Nyaya Panchayat shall inflict a substantive sentence of imprisonment. \' 21
(2) A Nyaya Panchayat may impose a fine not exceeding fifty rupees but noimprisonment m a y be awarded in default of payment : ~
Provided t h a t no accused shall be tr ied for more than three offence5 in tfca same criminal case, and the fine tha t may be imposed on anv one accused "in 7 '•criminal case shal l not in the aggregate exceed fifty rupees,
55. Cognizance of cases—(1). 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 section 9o or for any other reason ceases to function, all cases pending before it shall stand transferred to the court of competent jurisdiction which shall dispone them to according to law:
Provided tha t the trial of all such cases in court shall commence de novo:
Provided further that a Nyaya Panchayat shall not be deemed to cease to function merely for the reason that its Panches have to be're-elected.
(3) Notwithstanding anything contained in section 52 and in sub-section (1) of this section any court may take cognizance of. any offence under sections 431 and 447 of the Indian Penal Code, 1860 (XLV of 1860), if i t is otherwise competent to do so. •• |
(4) Notwithstanding anything contained in section 52 and sub-sections (1) t s •<3)i of this section but subject always to the provision of the Code of Criminal Procedure, 1898, where any court has taken cognizance of any offence referred to in the said sections and a summons or warrant , as the case may be, has issued for the appearance of the accused in such case, the offence may be enquired int® and tried by such court,
56. Transfer of cases by courts to Nyaya Panchayats.—A court, if it finds that a case is triable by a Nyaya Panchayat, shall, excepti as provided in sub-section (4):
of section 55 transfer the ease to the Nyaya Panchayat of competent jurisdiction, which shall thereafter t ry the same de novo.
57 Summary dismissal of complaint.—Nyaya Panchayat may dismiss s ™ complaint if after examining complainant and taking such evidence as he o L m it is satisfied that the complaint is frivolous, vexatious or untrue uiLUUCe* 58 Transfer of cases by Nyaya Panchayats to courts.—If at any time it aooe i r s to a Nyaya Panchayat— y m e " a P P e a r s
(a)- that it has no jurisdiction to try any case pending before it,
(b) that the offence involved is one for which if cannot award adenu'ate punishment, or • 4 " r a
(c) that the case should otherwise be tried by a court;
it shall transfer the same to the court of competent jurisdiction and shall riva information of such transfer to the parties concerned.
59 Certain persons not to be tried by Nyaya Panchayats.—No Nyaya Panchayat shall take cognizance of any criminal case against a person where such person—
(a) has been previously convicted of an offence punishable with imnrisonment of either description for a te rm of three years or more,
(b) has been previously fined for theft by any Nyaya Panchayat
(c) has been bound over to .be of good behaviour under section 109 or 110 of the Code of Criminal Procedure, 1898 (Act V of 1898),
(e) is a public servant.
60. Compensation to complainants.—[n imposing any fine the Nyaya P a n r h n v ^ rnay order any portion or the whole of the fine recovered to be applied— U) i %omp a ia infnt h e e x p e n S 6 S P P W * ^ incurred in the criminal case by the
(b) in the payment to any person of compensation for any material Ins* or injury caused by the offence, or . . 3 OK i) / 22
(c) in compensating any bona-fidc purchaser of stolen property for loss of the same, where property is restored to the possession of the person entitled thereto.
' 61 Compensation to the accused.— it) If in any criminal case instituted before a Nyaya Panchavat any person JS accused of any offence triable by a Nyaya Pancha'vat and the Nyaya Panchayat acquits the accused and is of the, opinion that the accusation against him was false and, either frivolous or vexatious, the Nyaya Panchayat. may call upon the complainant forthwith to show cause why he should not pay compensation to such accused.
£2) If after hearing the complainant, the Nyaya Panchayat is satisfied that the • accusation was false and either frivolous or vexatious, it may direct that compen sation not exceeding twenty-five rupees be paid by such complainant to t he accused.
62 Release of offenders on probation.—The powers under section 4 of t he Probation of Offenders Act, 1958 may be exercised by a Nyaya Panchayat.
63 Enquiry in cases forwarded by magistrates.—Notwithstanding anything in.
the Code of Criminal Procedure, 1898, a Magistrate may direct an enquiry referred t o in section 202 of the Code to be made by a Nyaya Panchayat in a criminal case in which the offence was committed within the territorial jurisdiction oi such Nvava Panchayat and 'the Nyaya Panchayat shad enquire mto the case ana submit its report to the said Magistrate. On the receipt of the directions t he l a rpanch or Sahayak Sarpanch and in their absence the Panch mentioned in •section 75, shall entrust it to a Bench formed under section 49.
64 Extent of jurisdiction in civil cases.—(1) Subject to the provisions of section 66 a" Nyaya 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 • o f immovable -property;
(b) a civil case for the recovery of movable property or for the value ithereof;
(c) a civil case for compensation for wrongfully taking or injuring a movable property and ~'**i' <d) a civil case for damages caused by cattle trespass.
(2) The Chief Commissioner may by notification in the official Gazette direct ' that "the iurisdiction of any Nyaya Panchayat shaK extend to all such civil cases of the value not exceeding five hundred rupees.
' ?: ,65. Omitted.
6G 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 due on partnership account, except where the- ' balance has been struck-by the parties or their agents; **"-
(2) a civil case for a share or part of a share under an intestacy or for a legacy or part of a legacy under a wifll;
(3) a civil case by or against the Government or a public servant for acts done in his official capacity;
(4) a civil case by or against a minor or a person of unsound mind.
* * * * * * 67 Civil cases to include the whole claim.—(1) Every civil case instituted before a Nyaya Panchaya t shall include the whole of the claim which the- plaintiff -js_ entitled to- make in respect of the matter in dispute, but he may relinquish arfy portion of his claim in order to bring the civil case within the jurisdiction of the- •Nyaya Panchayat.,
(2) If a plaintiff omits to sue in respect of or relinquishes any portion of his ..'claim, he shall not afterwards sue in respect of the portion so omitted or reiTimqurished..
23 0B Limitations—Every civil case instituted before a Nyaya Panchayat after the period of limitation prescribed therefor in the schedule shall be dismissed even though limitation has not been set up as a defence, ' Provided that in computing the period of limitation prescribed for any civil case the time during which the plaintiff has been prosecuting with clue diligence S l i e r civS case against the defendant in any court, shall be. excluded where the other case is founded upon the same cause of action and is prosecuted in good faith in > court which from defect of jurisdiction or other cause of a like natuie is Unable to entertain it.
CQ Effect of the decision by Nyaya Panchayat—The decision of a Nyaya Panchayat on the question of title, legal character, contract or obligation f a l l not Dind the parties except in respect of the civil case in which such matter is decided.
7G. Omitted.
71. Omitted.
72. Omitted.
7*> Res indicate and pending suits.—(1) No Nyaya Panchayat shall t ry any Civi case revenue case or issue in respect of any matter which is pending for decision in or has been heard or decided by a court, of competent jurisdiction in a former civil case between the same parties or between the parties under whom they or any of them claim.
(2) Where a civil, criminal or revenue case is instituted against an accused person in respect of any offence or where an accused person has been tried for ^hv offence no Nyaya Panchayat shall take cognizance of any such offence or on § £ same S c £ f of a n ? other offence of which the accused might have been charged or convicted.
he decided by the Sub-Divisional Magistrate, Munsif or Sub-Division umcer . navmg jurisdiction, as the case may be.
74-A Trial when cause of action in a civil case or revenue case arises in tvcles more than one,—Section 10 of the Code of Civil Procedure, 1903, shall apply .to"trial of revenue cases and civil cases pending before two or more Nyaya Panchayats having! jurisdiction., .
74-B Trial where scene of offence is uncertain or not in one circle only or where offence is a continuing oine or consists of several acts.—Where it is uncertain in which of several circles an oiffence was committed or where an offence was committed partly in one circle and partly in another or where an offence is a continuing one and continues- to be committed in more circles than one or where it consists of several acts done in different circles, it may be enquired into by a Nyaya Panchayat having jurisdiction in any such circles.
75 Institution of suits and cases.—(1) Any person who wishes to institute a civil case criminal case or revenue case under this Act before a Nyaya Panchayat may make an application orally or in case of their absence from the circle to. such other Panch as may have been appointed by. the Sarpanch in this behalf and shall at the same time pay the prescribed fee. The Court-fees Act, 1870 (VII of .1870) shall not apply to Nyaya Panchayat except as may be prescribed. In every civil case the plaintiff shall state its value.
(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 date for the first hearing of the application before the said Bench and give notice of the date to the applicant, complainant or plaintiff as the case may be and to the members of the Bench.
<A A!
/ /.
r i l Sf :^ ; m E n F °i » Bench.- ,Tbe Bench s h a l 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 ana 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 three 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 as aforesaid shall be invalid bv reason merely that all the five Panches forming the bench were not peresenl at any hearing or that the sama Panches were not present at all the hearings.
(3) The provisions of sub-sections CI) 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 niaintiff, the complainant, or the applicant fails to appear after having been informed of the time and place fixed for hearing, the Nyaya Panchayat m a r dismiss the civil case, criminal case or revenue case or pass such order as it mavdeem 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 h im or, if he has been informed of the t ime and place fixed for hearing.
79. Nyaya Panchayat not to revise or alter its decisions.—(1) Except as provided 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, tot sufficient reasons to be recorded, on application made within one month of the date of the decree or order or Icnowledge 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 defaut or in which a decree or order has been passed ex parte. V gf
80. Legal practitioner not to appear before Nyaya Panchayat.—No leeal nracH tioner shall apear, plead or act on behalf of any party before a Nyaya Panchayat:
.Provided that a person who is arrested and is detained in custody shall ha™* the right to consult and be defended by a legal practitioner of his choice 81 Appearance in person or by representa t ive , - (1) Subject to the provisions of section 80, any par ty to a civil case or revenue case may appear K I Nyaya Panchayat either in person or by such agent duly authorised in S § n e by him as the Nyaya Panchayat may admit as a fit person to represent h i m •Pattella It* P a r t i g S t 0 a c r i m i n a l c a G f s h a 1 1 appeal personally before the Nyaya
Provided that the Nyaya Panchayat may—
(a) in any case dispense with the persona* attendance of the accused and permit him to appear by his agent duly authorised in writing; and - (b). in its discretion, at any stage of the proceeding exempt the n'ersonal attendance of the accused.
file?^dV&sSon.^11 " b e r e q U i r e d t 0 b C P a W f ° r a n-y *»^<* a t ^ n e y .
• ?M S £ e . c i a l Sm-isdiction in certain matter.—Notwithstanding anything contained • iii this Act or-in any other law for the time being in force it shall be lawful for a Nyaya Panchayat to decide any dispute arising in its local area and not pend n | in1 w 3 t i S U b r teJSieT6 ^ s e t t l e m e n t ' c o m P r o m i s e or oath agreed upof K 83 Procedure and power to ascertain truth.—(1) The Nyaya Panchayat. shall receive such evidence in a civil case, criminal case, or revenue case as the parties f f i a v adduce and may cai.1 for such further evidence as, in their opinion, may be n e t O T Y for the determination of the points in issue. It shall be the duty of the Kvfiva Panchayat to ascertain the facts of every civil case, criminal case or Revenue case before it by every lawful means in its power and thereafter to make . i u c h decree or order with or without costs, as to it may seem just and legal It 'stay make local investigation in the village t o ^ i c h t h e ^ p u t e relates It shag •follow the procedure prescribed by or under this Act The Code o . C i v i l Proce dure , 1908 (V of 1903) the Code of Criminal Procedure 189o (V ^ . ^ k * ^ 1 ^ ™ Evidence Act, 1872 (I of 1872) and the Indian Limitation Act, 1908 (IX ot 1908) shall not apply to any civil case, criminal case or revenue case m a Nyaya Panchayat .except as provided in this Act or as may be prescribed, CO Nothing in this sub-section shall entitle any party to compound any offence -vhfch iV noTeompoundable under the provisions of the Code of Criminal Procedure mi o to compound an offence without the permission of the Bench concerned, if It is' Smpoundable with permission under the provisions of the said code.
84 Majority to prevail.—In the event of any disagreement between the Panches Khe opinion of the Majority shall prevail.
85 Power of superior courts to transfer cases from Nyaya P a i a e h a j a t — ( 1 ) 0 » .JJO. i u w c i UJ. a i* carries and after notice to the parties and alter T& ? P £ ^ ° n f t L T a s d S e d to?e teard S f <£ his own motion wi thout sufch Jase or revenue case may, at any stage, withdraw the same a n d - ''•''•'-' (i) t ry to dispose of the same, or V •' (ii) transfer it to another Bench of the Nyaya Panchayat , er m n transfer the same for trial or disposal to any other Magistrate Munsif.
(m) txansier « * « ^ ^ ^ c 0 m p e t e n t to t ry or dispose of the case.
' f?) Where anv criminal, civil' or revenue case has- been withdrawn under -ub Section (1) the court or officer who thereafter tries such criminal case civil case or revenue case may either r e - t ry it or proceed from the point at which it -m&s withdrawn.
« ) Tf anv application under sub-section (1) is either frivolous or vexatious the •iDolicant may be fined up to fifty rupees by the Sub-Divisional Magistrate, the •Munsif, or the Sub-Divisional Officer, as the case may be.
sifi T«ue of summons to witnesses—A Nyaya Panchayat may, if it considers 'the evidence of, or the production of a document by any person necessary in a S r f l case criminal case or revenue case issue and cause to be served in the pres cribed manner, a summons on such person to compel his attendance or to produce oi cause the production of such document, and such person shall be bouna to .comply with the direction contained in the .summons.
87. Penalties for failing to appear before a Nyaya Panchayat.—If any person who is summoned by Nyaya Panchayat by a written order to appear to give "Evidence or to produce any document before it wilfully disobeys such summons or notice or order, the Nyaya Panchayat may make a complaint to the Magistrate •having jurisdiction and the said person shall be punishable with fine which may -extend to twenty-five rupees:
Provided that no woman shall be compelled to appear in person before the Nyaya Panchayat. She may be examined on commission in the manner prescribed:
Provided also that if a document is produced in obedience to a summons issued under this section, the Nyaya Panchayat shall cause the document to be copied, mark the copy after comparing with the original, to be true copy and return the ••original document to the person producing the same.
Provided further that where it appears to the Nyaya Panchayat that a witness :is unable to appear before it by reason of illness or physical infirmity or that his presence cannot be procured without unreasonable delay, expense or inconvenience, it may subject to such restrictions as may be prescribed, issue a commission in the manner prescribed to take the evidence of such witness. The evidence so taken shall form part of the record of the case.
26 ^
88. Dismissal of civil cases etc.—A Nyaya Panchayat may dismiss anr nVr case or revenue case if after examining the plaintiff o / t h e S c a n ? i t is s a t M that the civil case or revenue case is frivolous, vexatious or untrue. " " ^ J
89. Revisioa.— (1) A Sub-Divisional Magistrate, Munsif or Sub-Divisional Officer according as it is a criminal case, civil case or revenue case, may either o S own motion or on the application of any party made within 60 "days from the date of the order complained of or where personal service of summons had not been ehected on the applicant from the date of the knowledge of the ordeT £&t for the record of any case which has been decided by a Nyaya Panchayat and fi i t appears to him that injustice or material irregularity has occurred he mav m a k e such oraer in the case as he thinks fit. «H<*MS
Explanation.—Failure to exercise a jurisdiction vested by law or exercise of jurisdiction m excess of that vested by law shall for purposes of this section be- i deemed to be a material irregularity. v
(2) Without prejudice to the generality of the foregoing provisions the Sub'-' ' Divisional Magistrate. Munsif or Sub-Divisional Officer, as the case may'be', may—
(a) quash the decree or order passed by the Nyaya Panchayat. " *
(b) modify the order,
(c) remand the case to the Nyaya Panchayat for retrial with such direction i as he may deem fit, or . - (d) t ry the case himself or transfer it to another court, or Officer competent to try the same.
(3} If any application under sub-section (1) is found hv th^ Q„I , n;, r- • * Magistrate, Munsif or Sub-Divisional Officer, as the case may 8 f t ? & 1 f l 3 £ K £ or vexatious, he may, for reasons to be recorded, make an rtiWC+fc mvoious-, to the opposite party by the applicant of special costsf not exceedhi, I f t y ^ S by way of compensation. K ~ J lu^e :* .
(4) Except as aforesaid, a decree or order passed by a Nyaya Panchayat in any civil -case, criminal case, or revenue case shall not be open to appeal orrevision m any court. - ^ avycou w
90. Summons to defendant or accused persons.—A Nyaya Panchavaf after »« application is made under section 75 shall unless it has been dismissed oV otherwise disposed of under the provisions o f t h i s A c t c a u s e . - s u m m o n S ^ theprescribed form to be served m the prescribed manner on the defendant or U * accused person or an opposite par ty requiring him to attend and produce hi* evidence at such t ime and place as may be stated in the summons and shall a t the same time direct the plaintiff or complainant or the applicant to attend a n r i produce his evidence at such time and place. ' • ' 91. Omitted. ' .'
92. Payment or adjustment of decree to be recorded.—If on the application of ^ the decree-holder or the judgment-debtor, the Nyaya Panchayat which passed ' the decree finds after enquiry that the decree has been satisfied wholly or in part the Nyaya Panchayat shail record the fact in the prescribed register.
93. Execution, of decrees.—(1) A decree or order passed by a Nyaya Panchayat $ shall be executed by it in such manner as may be prescribed.- If the property o f the defendant, or opposite par ty is sityated outside the jurisdiction of the Nyaya Panchayat passing the decree or order it may, in the manner prescribed, transferthe decree or order for execution to the' Nyaya Panchayat, within whose jurisdiction the property may be situated, and • if there be no Nyaya Panchayat then to thecourt of the Munsif or Sub-Divisional Officer, as the case may be. within whosejurisdiction it may be situated,
(2) If a Nyaya Panchayat finds any difficulty in executing a decree or order it may forward the same to the Munsif or Sub-Divisional officer, as the case may be, who shall then execute the same as if it were a decree or order passed by hirm,_
94. Recovery of fine.—Any fine imposed or compensation ordered to be paid in* section Gl by a Nyaya Panchayat shall be recoverable in the manner prescribed.
But if the Nyaya Panchayat finds any difficulty in its recovery it may request the- Sub-Divisional Magistrate' within whose jurisdiction the Nyaya Panchayat lies fo< recover it and he shall recover it as if the sentence of fine-had been passed bv him..
27 94-4 Contempt of Nyaya Panchayat.— (1) H any person intentionally offers any insult to a Nyaya Panchayat or any member thereof, while it is sitting in any Stage of judicial proceedings in its or his view or presence or recuses to take oath duly administered or sign a statement made by the said person when legally required to do so, the Nyaya Panchayat may at any time before rising on the same-- day take cognizance of the offence and sentence the offender to a fine not exceeding five rupees.
(2) The fine imposed under sub-section (1) sha l l 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 any immovable property owned by a Gaon Sabha, used or occupied by a Gaon Panchayat or a joint committee or a' Nyaya Panchayat or any work in progress under the direction ot such'.
Gaon Panchayat or joint committee or a Nyaya Panchayat;
(b) by an order in writing call for and inspect a book or document in the possession or under the control of a Gaon Panchayat. or a joint com mittee or a Nyaya Panchayat;
• (c) by an order in writ ing require a Gaon Panchayat or a joint committeeor a Nvaya Panchayat to furnish such statements, reports or copies of documents, relating to the proceeding's of duties of the Gaon.-.
Panchayat or such committee or a Nyaya Panchayat as he thinks^ fit;
(d) record in writing for the consideration of a Gaon Panchayat or Jointcommittee any observation which he thinks proper in regard to the- • • proceedings of duties of such Gaon Panchayat of joint committee:,
(e) institute any enquiry in respect of any mat te r relating to a Gaon Sabha ; .
Gaon Panchayat or Nyaya Panchayat; and
(f) suspend, supersede of dissolve any Gaon Sabha, Gaon Panchayat, joint:
committee or Nyaya Panchayat if in the opinion of the Chief Com missioner such Gaon Sabha, Gaon Panchayat, Joint Committee or Nyaya Panchayat has abused its position or has continuously failed t ,'- to perform the duties imposed upon it by or under this Act or if its;"
continuance is not considered desirable in public interest;
Explanation.—Suspension or supersession may be for such period as may* be specified;
(g) suspend or remove a member of a Gaon Panchayat or joint committee,' an office-bearer of a Gaon Sabha or a Panch, Sahayak Sarpaneh o r Sarpanch of a Nyaya Panchayat, if he—
(i) absents himself without sufficient cause from more than three consecu tive meetings or sittings,
(ii) refuses to act or becomes incapable of acting for -any reason whatsoever' or if he is accused of or chafge'd ftir an offence involving 'moralturpitude,
(iii) has abused his position as such or has persistently failed to perform5 duties imposed by this Act or rules made thereunder or his conti-- nuance as such is not desirable in public interest,
(iv) being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takesactive part in politics, or
(v) suffers from any of the disqualifications mentioned in clauses (a) to-
(ni) 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.
(2) A person removed under sub-clauses (iii) and (iv) of clause (g) of sub section (i) of this section shall not be entitled to be re-elected or re-appointed to-1 any office under this Act for a period of five years or such lesser period as the ' Chief Commissioner may ofdef in any case.
(3) No order made' by the Chief Commissioner under this section Shall b© called in question in any court.
23 ^ c S ^ ^ s S ^ ^ ^ t P ^ y ^ *** committee is superseded perform the powers and duties E c i ™s\ m a ^ d e e m ^ * t 0 ****** *n d •er under this or any rther enactment the ChU° r g ? d 0 t y imP°^d on it by s i t i n g fix a period for the performance of « £ ? ^ " * 8 , 0 n e p ^ b y o r d e r & • ^ n e ^ a / d & c ? S . ' S S S S S ^ * S 2 S S ft*** ^ C ^ ° — further direct that the expenses if L v i?™ * specified to perform it and may 'the Gaon Fund and t h e r e o n the i S k h i S S f l ^ S " ,**? $»* b e ^ *** -£he amount from such fund, having the custody of the fund shall pay
96. Prohibition of certain Broepedinor tt\ m*. •, .
officer specially empowered J T S t a b S S f *£ S S S ' 3 " ^ or any other -tion received or on his own initiative m v L n ^ . Commissioner on informa tion or further execution of a S j & t S r f orXdf^ nS S**0* P r ° h i b i t t h e e x e c u ' any other enactment by a GaonigtaSS r a n S 8 " f ° r m a d e u n d e r t h is o > ^ .
any officer or servant thereof ff in fe £to£JT sur-h l^JV ' ^ c ™ i t t e e or 7 .nature as to cause or likely to cause Z ^ f S c h r e s o l u t l o n or order is of a -any person of any act °in ^urfuSfce 5 STUFSL** ISfZJSSSTS^ M*£*£W£T2$£> 1 ^ ^ 1 2 3 ^ ^ % copy thereof, with a cribed authority or the a f o S d Officii L tt? ^ M p f V n ^ T ^ b y t h e p r 6 s ' -•after calling for an explanation fromt the Gann S*hS ^ Commissioner who may mittee or the officer or serv™t thereof S S I S ' -G a oS. Panchayat, joint com r a d e by it, rescind, modify ^ r conTrS the £ 5 5 S * " e x P l a n a t i o n ' « any, p f f i R ? S V ^ e T S a ^ J e ^ ^ S S ? ? ! ^ aH r e S ° + i U t i o n 0 r - d - - •shall be the duty of the Gaon Sabhs P-Tr̂ T P ™ h U ) ? n d continuing in force, it •any officer or servant thereof"if so r e a r e d h?%lm £ $ ? Joint-committee or to take any action which it wonlHhff^T by.«je authority making such order •order has never beS fXde opassed t n f t h S H t 0 t a k e ' £ t b e ^solution^r person from doing or continuing t,̂ do anv^?n?,,n^n e C e s S a r y ^prevent ing ^kv order, of which the fur theiexecut ionM°Sui ted """ t h e r e s o I u t i o n > r ^ t e » T r W T a ^ ^ u g S r S f f B - t f S C I S e f commissioner
CHAPTER V I I I - P E N A L T I E S AND PEOCEDURE J
97. Penalty for iiifringement of the provision- nf th. a„f Wr.
•any provision of this Act, shall bePUnishahle unit. ^—Whoever contravenes fine which may extend to ten rupee™and[ w h ^ J h 5 K o t h ™ e Prescribed, withV with, a further fine which may extend to one r ^ e ^ ' f n r T ^ 1 S ,a con«nuing one conviction during which an offender is provld R l v ^ ^ J Z ? h f offenc?^ * £ K P S S S g * ^ w ^ g j ^ ^ ^ ^ ^ « * the Chief C W * further fine which may extend 0 one rune, fn IS a c o n t i ™ e one with t h i r s t conviction during which £ » 2 » fejffl fe^SM^^g x J S i T S J S ^ 5 S ^ ^ f f l S K ?-Per ty . - ( l ) Whoe^r pavement, gutter or other m a t e r i a o f n ^ u f ^ interferes with a£y wall or post thereof, 0 r a Smp post or hSSSt S £ e e V ° r * * f e n c ^ post, hydrant, or other such propertv of +hp r ' d l^GC^on POBt, standwritten sanction of the Gaon Pancha?at or 1 J 1 6 , * G , a w \ i . S a b h a without the -