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Section 29

The Haryana Panchayati Raj Act, 1994 ( 11 of 1994)State Act of Haryana · Act 11 of 1994

(1) On a complaint being made to the Gram Panchayat by any person that a peon, bailiff, constable, chowkidar, patrol of the Irrigation Department, forest guard, patwari, vaccinator, canal overseer, head constable, game watcher or any other class of public servants to which Government may, by notification, extend the provisions of this section has misconduct himself in his official capacity, the Gram Panchayat may enquire into the matter and submit a report, along with the prima facie evidence to the superior officer whom it may concern or to the Chief Executive Officer, as the case may be. The authority shall after such further enquiry as may be required, take suitable action and inform the Gram Panchayat accordingly :

Provided that nothing in this section shall be construed as empowering the Gram Panchayat to summon any official or to exercise control or to take disciplinary action against such official or otherwise.

(2) On the report being made by any person that a patwari or chowkidar has failed to perform any duty imposed upon him by any law or rules, the Gram Panchayat may, by notice fixing a reasonable period, require him to perform the said duty and on his failure to do so, shall report the matter to the superior officer whom it may concern, or to the Chief Executive Officer, as the case may be. Result of the action taken thereon shall be communicated to Gram Panchayat.

30. A Gram Panchayat may, notwithstanding any law to the contrary, in respect of any area within its jurisdiction, enter into contract with Government or a Local Authority to collect land revenue or any taxes or dues payable to Government or a Local Authority on being allowed such collection charges as may be prescribed.

31. 2[(1) A Gram Sabha may, by resolution passed by one-tenth of its members, at any time during the period commencing from the 1st day of April and ending on the 31st day of December of any year, direct that intoxicating liquor shall not be sold at any licensed shop within the local area of the Gram Sabha.]

(2) When a resolution has been passed under sub-section (1) and is received in the office of the Excise and Taxation Commissioner, Haryana, on or before the 3[15th day of January], it shall take effect from the 1st day of April of the year next after such resolution.

(3) Notwithstanding anything contained in the Punjab Excise Act, 1914 (Punjab Act 1 of 1914 ) or any other Act for the time being in force and the rules made there under with regard to the powers and functions of the Collector under the said Act, such a resolution will be binding upon the Excise and Taxation Commissioner :

Provided that if the Excise and Taxation Commissioner is of the opinion for reasons to be recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within two years preceding 1 Substituted by Haryana Act 11 of 2020.

2Substituted by Haryana Act 41 of 2019.

3Substituted by Haryana Act 41 of 2019.

Power to enquire and make report about misconduct of petty officials.

Appeal.

Power to contract for collection of taxes and other dues.

Power to introduce prohibition.

the date of the passing of such resolution in such local area, such resolution shall not be binding upon him, unless the Government orders that it shall be so binding.

32. The Sarpanch, if authorised in writing in this behalf by the Gram Panchayat or any Panch, may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Gram Panchayat is authorised by this Act or by rules or bye-laws made there under to make or execute, or which it is necessary for a Gram Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye- laws to make or execute :

Provided that :--

(a) except when it is otherwise expressly provided for under this Act, no such entry shall be made between sunset and sunrise ;

(b) sufficient notice, shall in every instance be given even when any premises can otherwise be entered without notice to enable the inmates of an apartment occupied by women to remove themselves to some part of the premises where privacy shall not be disturbed ; and

(c) due regard shall always be had to the social and religious usages of the occupants of the premises entered.

33. The Gram Panchayat may, with the consent of Panchayat Samiti manage, start and regulate new fairs and markets with such conditions as to the share of income accruing the refrom as may be mutually agreed upon.

34. A Gram Panchayat shall have control of all public streets, waterways other than canals as defined in clause (1) of section 2 of the Haryana Canal and Drainage Act, 1974 (Haryana Act 29 of 1974 ), or any other Act for the time being in force situated within its jurisdiction not being a private street or waterways and not being under the control of Government or Panchayat Samiti or any other authority specified by Government 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 neighboring fields ;

(d) deepen or otherwise improve waterways ;

(e) with the sanction of the prescribed authority and where a canal exists under the Haryana Canal and Drainage Act, 1974 or any other Act for the time being in force with the sanction also of such officer of the Irrigation Department as the Government may appoint to undertake small irrigation projects ;

(f) cut any hedge or branch of any tree projecting on a public street;and

(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 apart :

Provided that nothing shall be done under clause (g) which may affect a canal covered by the Haryana Canal and Drainage Act, 1974, or any other Act for the time being in force, without the prior permission of the authority prescribed by Government in this behalf.

Power to manage fairs and markets.

Power over waterways etc.

Entry and inspection.

Where this provision sits

ActThe Haryana Panchayati Raj Act, 1994 ( 11 of 1994)
Section29
JurisdictionState of Haryana
StatusIn force as published by the source

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