465 THE PUDUCHERRY VILLAGE AND COMMUNE PANCHAYATS ACT, 1973 (No. 10 of 1973) ARRANGEMENT OF SECTIONS
CHAPTER - I PRELIMINARY Section
1. Short title, extent and commencement.
2. Definitions.
CHAPTER – II CONSTITUTION OF VILLAGE PANCHAYAT AND COMMUNE PANCHAYAT COUNCILS Formation of Panchayat Village and Commune Panchayat. 2-A. Gram Sabha.
3. Formation of Panchayat village.
4. Township.
5. Formation of commune panchayats. Constitution of village panchayats and commune panchayat councils
6. Constitution of village panchayats and their incorporation.
7. Strength of a village panchayat.
8. Constitution of commune panchayat councils for commune panchayat and their incorporation.
9. Composition and strength of a commune panchayat council. Elections and term of office of members. 9-A. Elections to Panchayats.
10. Election of members.
11. Reservation of seats.
12. Delimitation of constituencies, etc.
13. Duration of panchayats, etc.
14. Filling of vacancies of elected members.
15. Omitted.
16. Election to more than one seat.
17. Qualifications for inclusion in electoral roll for panchayat village and publication thereof.
18. Power to rearrange and republish electoral roll. 18-A. Electoral rolls for Commune Panchayat. 466 Qualifications, disqualifications, etc., of members of a village panchayat.
19. Qualification of candidates.
20. Disqualification of officers and other employees of Government and local bodies.
21. Disqualification of persons convicted of election offences.
22. Disqualifications of candidates.
23. Disqualifications of members.
24. Restoration of members to office.
25. The question for disqualification of members. 25-A. Powers of Election Commission. 25-B. Statements made by person to the Election Commission. 25-C. Procedure to be followed by the Election Commission. 25-D. Protection of action taken in good faith.
26. Oath or affirmation to be made by members.
27. Corrupt practices and electoral offences. Requisitioning of property for election purposes
28. Requisitioning of premises, vehicles, etc., for election purposes.
29. Payment of compensation.
30. Power to obtain information.
31. Powers of entry into and inspection of premises, etc.
32. Eviction from requisitioned premises.
33. Release of premises from requisition.
34. Penalty for contravention of any order regarding requisitioning.
35. Dispute as to validity of election.
36. Fresh elections.
37. Publication of the results of election. 37-A. Special procedure for preventing personation of electors. 37-B. Voting machines at elections.
38. Power to make rules regulating elections.
39. Jurisdiction of civil courts barred. President and Vice-President.
40. President and Vice-President of village panchayat.
41. Election of President. 41-A. Omitted.
42. Election of Vice-President.
43. Cessation of office of President and Vice-President.
44. President, not to cease to hold office.
45. Functions of the President.
46. Devolution and delegation of President’s functions and filling up of vacancies in the office of President.
47. Delegation of functions of President. Chairman and Vice-Chairman
48. Chairman and Vice-Chairman of commune panchayat councils.
49. Devolution and delegation of Chairman’s functions and filling up of vacancies in the office of Chairman. 467 Members
50. Rights of individual members.
51. No President, Vice-President, Chairman, Vice-Chairman or member to receive remuneration.
52. Appointment of executive officers for certain village panchayats.
53. Functions of executive officer. Powers and duties of the executive authority
54. Functions of the executive authority. The Commissioner
55. Commissioner.
56. Emergency powers of Commissioner. Procedure
57. Presidency at meetings of village panchayats.
58. Meetings of commune panchayat councils.
59. Members when to abstain from taking part in discussion and voting.
60. Minutes of proceedings.
61. Power of village panchayat and commune panchayat council to call for records.
62. Proceedings of village panchayat, commune panchayat councils and committees.
63. Appointment of joint committees.
64. Committees.
65. Administration reports of village panchayat.
66. Administration reports of commune panchayat council. Validation of proceedings
67. Acts of village panchayats, commune panchayat councils etc., not to be invalidated by informality, vacancy, etc. Establishment
68. Establishment of the village panchayat and commune panchayat council.
69. Power to grant leave to establishment.
70. Special provisions regarding officers and other employees of the Government lent to commune panchayat council.
71. Provincialisation of any class of officers or servants of commune panchayat council.
72. Appointment of common officer.
73. Transfer of officers and other employees.
74. Power to punish officers and other employees.
75. Applicability of certain sections to public health establishment.
CHAPTER – III FUNCTIONS, POWERS AND PROPERTY OF VILLAGE PANCHAYATS AND COMMUNE PANCHAYAT COUNCILS
76. Duty of village panchayat to provide for certain matters,
77. Power of village panchayat to provide for certain other matters. 468
78. Duty of commune panchayat council to provide for certain matters.
79. Entrustment of execution of Community Development Programme to commune panchayat councils.
80. Power of commune panchayat council to provide for certain matters.
81. Common water-works and burial and burning grounds, etc.
82. Lighting of public roads and public places.
83. Maintenance of child-welfare centres, etc.
84. Transfer of immovable property, management of institutions, execution or maintenance of works, etc., to a village panchayat.
85. Government’s power to add to functions of commune panchayat council.
86. Limitation of power to accepting donations and trusts.
87. Vesting of public roads in village panchayats.
88. Vesting of public roads in commune panchayat councils.
89. Duty of village panchayat and commune panchayat council in respect of public roads excluded from the operation of the Act.
90. Precautions in case of dangerous structures.
91. Precautions in case of dangerous trees.
92. Fencing of buildings or land and pruning of hedges and trees.
93. Prohibition against obstructions in or over public roads, etc.
94. Vesting of communal property or income in village panchayat.
95. Vesting of water-works in village panchayats.
96. Maintenance of irrigation works, execution of kudimaramat, etc.
97. Village panchayat to regulate the use of certain porambokes.
98. Collected sewage, etc., to belong to village panchayat.
99. Immovable property required by village panchayat may be acquired under the Land Acquisition Act, 1894.
100. Contributions from persons having control over place of pilgrimage, etc.
101. Power to order closure of places of public entertainment.
102. Minor suffering from dangerous diseases not to attend schools.
103. Compulsory vaccination.
104. Obligation to give information of small-pox or cholera.
105. Precautions in case of dangerous tanks, wells, holes, etc.
106. Removal of filth or noxious vegetation from lands and buildings.
107. Power of Commissioner or executive authority to use or sell materials of dangerous structure taken down, etc.
108. Limitation of compensation.
109. Public markets.
110. Licensing of private markets.
111. Decision of disputes as to whether places are markets.
112. Prohibition of sale in unlicensed private markets, etc.
113. Prohibition against sale in public roads.
114. Classification of markets. 469
115. Acquisition of right of persons to hold private market.
116. Public landing places and cart-stands, etc.
117. Private cart-stands.
118. Public slaughter-houses.
119. Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers.
120. Numbering of buildings.
121. Purposes for which places may not be used without a licence.
122. Permission for the construction of factories and the installation of machinery.
123. Power of Government to make rules in respect of the grant and renewal of licences and permissions.
CHAPTER – IV TAXATION AND FINANCE
124. Local cess.
125. Local cess surcharge.
126. Rules regarding collection of local cess.
127. Taxes leviable by village panchayat.
128. Taxes levied by commune panchayat council.
129. Mode of collection of tax leviable. 129-A. Constitution of Finance Commission to review financial position. House Tax
130. Method of assessment and rate of levy of house tax.
131. Appointment of authorised valuation officer.
132. Preparation of assessment list.
133. Authorised valuation officer to check assessment.
134. Publication of notice of assessment list.
135. Public notice of time fixed for lodging objections.
136. Objection how to be dealt with.
137. Authentic list how far conclusive.
138. Amendment of assessment list.
139. Assessment to be done after every five years.
140. Recovery of house tax from the owner by the occupier.
141. Levy of house tax or profession tax on a direction by Government.
142. Power to make rules regarding house tax. Profession tax
143. Profession tax.
144. Statements, returns, etc., to be confidential.
145. Owner or occupier to furnish list of persons liable to tax.
146. Requisition of employers or their representatives to furnish list.
147. Deduction of profession tax from salary or wages or other sum.
148. Appeals against assessment. Duty on transfers of property
149. Duty on transfers of property.
150. Exemptions. 470
151. Power to require land revenue staff to collect taxes and fees due to village panchayat and commune panchayat council.
152. Write-off of irrecoverable amounts. Duty on Toddy Trees.
153. Levy of duty on toddy trees. Entertainments tax.
154. Tax on payment for admission to entertainments. 154-A. Tax on Television exhibition.
155. Additional tax on cinematograph exhibition.
156. Composition and consolidated payment of tax.
157. Admission to entertainments.
158. Manner of payment of tax.
159. Returns.
160. Entertainment exempted from payment of tax.
161. Inspection.
162. Exemption from payment for admission.
163. Powers of entry, search and seizure.
164. Power to make rules. Recovery of taxes, fees, cesses and other dues.
165. Mode of recovery of taxes, fees, cesses and other dues.
166. Mode of collection.
167. Distraint and sale of movable property.
168. Power of entry by force under special order.
169. Inventory and notice of distress and sale.
170. Property of defaulter may be distrained wherever found.
171. Sale of property.
172. When occupier may be held liable for payment of house tax.
173. Certain amount to be recovered as arrears of land revenue.
174. Imposition of fine.
175. Payment of interest in case of default of payment of taxes.
176. Appeal.
177. Procedure in appeal.
178. Revision by court.
179. Bar of other proceedings.
180. Equalisation fund of panchayats.
181. Local cess surcharge matching grant.
182. Classification of commune panchayats.
183. Local roads grant.
184. House tax matching grant.
185. Deduction from grants in certain cases. Village and commune panchayat fund
186. Constitution of commune panchayat fund and village panchayat fund.
187. Commune panchayat fund.
188. Village panchayat fund. 471 Expenditure
189. Application of money received and expenditure from funds.
190. Expenditure from commune panchayat fund and village panchayat fund.
191. Preparation and sanction of budgets.
192. Appointment of auditors.
193. Contributions to expenditure by other local authorities.
194. Recovery of loans and advances made by Government.
CHAPTER – V CONTROLLING AUTHORITIES
195. Appointment of officers to supervise commune panchayat councils and village panchayats.
196. Power to regulate conditions of service, etc.
197. Powers of inspecting officers.
198. Powers of officers for purpose of control.
199. Power to suspend or cancel resolution, etc., under the Act.
200. Emergency powers of Director.
201. Power to take action in default by a village panchayat or its President or by a commune panchayat council or its Chairman.
202. Removal of President.
203. Removal of Vice-President.
204. Removal of Chairman or Vice-Chairman.
204A. Omitted.
205. Resignation of office.
206. Motion of no-confidence in Vice-President of village panchayat.
207. Motion of no-confidence in Chairman or Vice-Chairman of commune panchayat councils.
208. Dissolution of Panchayats.
209. Omitted.
209A. Omitted.
210. Powers of officers acting for or in default of village panchayat or commune Panchayat council and liability of village panchayat or commune panchayat fund.
211. Delegation of powers.
212. Revision.
CHAPTER – VI GENERAL AND MISCELLANEOUS Licences and permissions
213. General provisions regarding licences and permissions.
214. Government not to obtain licences and permissions. Power to enforce notices, etc.
215. Time for complying with notice, order, etc., and power to enforce in default. Powers of entry and inspection.
216. Powers of entry and inspection.
217. Testing of weights and measures. 472
218. Powers to call for information from karnams. Limitation.
219. Limitation for recovery of dues. Prosecutions, suits, etc.
220. Persons empowered to prosecute.
221. Composition of offences.
222. Prosecutions and compositions to be reported to village panchayat or commune panchayat council.
223. Sanction for prosecution.
224. Notice of action against village panchayat, etc.
225. Protection of Chairman and officers acting in good faith.
226. Injunctions not to be granted in election proceedings.
227. Liability of President, executive authority and members of a village panchayat and Chairman, Commissioner and members of a commune panchayat council for loss, waste or misapplication.
228. Assessment etc., not to be impeached.
229. Public road, markets, wells, tanks, etc., to be open to all.
230. Power to farm out fees.
231. Adjudication of disputes between local authorities.
232. Constitution of territorial council for panchayats, its functions etc.
233. General powers of territorial council.
234. Annual report.
235. Returns, statistics, etc.
236. Power to make rules regarding territorial council.
CHAPTER – VII CATTLE-POUNDS
237. Cattle-trespass Act to cease to apply to panchayat areas.
238. Power to establish cattle-pounds and appoint pound keepers.
239. Duties of pound-keepers.
240. Impounding cattle.
241. Delivery of cattle claimed.
242. Security in respect of impounded cattle.
243. Sale of cattle not claimed.
244. Pound-fees and expenses chargeable to be fixed.
245. Complaints of illegal seizure or detention.
CHAPTER – VIII EVICTION OF PERSONS FROM PANCHAYAT PREMISES
246. Definitions.
247. Issue of notice to show-cause against order of eviction.
248. Eviction of unauthorised occupants.
249. Disposal of property or property left on panchayat premises by unauthorised occupants.
250. Power to recover rent or damages in respect of panchayat premises as arrears of land revenue. 473
251. Power of Commissioner.
252. Appeal.
253. Finality of orders.
254. Offences and penalties.
255. Power to make rules.
CHAPTER – IX CIVIL AND CRIMINAL JUSTICE Conciliation Board.
256. Definitions.
257. Constitution of conciliation board.
258. Place of proceedings.
259. Commencement of proceedings for conciliation.
260. Witness.
261. Board not to administer oath.
262. Result of conciliation proceedings to be recorded.
263. Maintenance of register of conciliation proceedings.
264. Execution of settlement.
265. Secrecy of proceedings. Nyaya Panchayat
266. Establishment of nyaya panchayat.
267. Constitution of nyaya panchayat.
268. Term of office of members of nyaya panchayat.
269. Election of President and Vice-President of nyaya panchayat.
270. Resignation of a member, Vice-President or President.
271. Suspension or removal of president or Vice-President or a member of a nyaya panchayat.
272. Seal of nyaya panchayat.
273. Conduct of business of nyaya panchayat.
274. Presidency at meeting of nyaya panchayat.
275. Quorum and decisions at the sittings of the nyaya panchayat.
276. Nyaya panchayat to have exclusive civil and criminal jurisdiction. Civil Jurisdiction
277. Suits cognizable by nyaya panchayat.
278. Suits not cognizable by a nyaya panchayat.
279. Compromise of suits.
280. The nyaya panchayat in which a suit is to be instituted.
281. Suits to include the whole claim.
282. Commencement of proceedings in a suit before a nyaya panchayat.
283. Incidental determination of matters not cognizable by nyaya panchayat.
284. Appearance in person or by agent.
285. Exemption of certain persons from personal appearnce in suits.
286. Limitation.
287. Death of parties. 474
288. Nyaya panchayat may transfer certain suits to Judicial Officers.
289. Transfer of certain suits.
290. On conclusion of hearing, nyaya panchayat to pass decree.
291. Contents of decree.
292. Decree may award interest or order payment by instalments.
293. Satisfaction of decree to be recorded.
294. Execution of decree.
295. Appeal. Criminal Jurisdiction
296. Nyaya panchayat to take cognizance of and try certain offences.
297. Certain persons accused of theft not to be tried by the nyaya panchayat.
298. Compounding of offences.
299. Compensation to complainant, etc.,
300. Compensation to accused for false or frivolous case.
301. Conviction by a nyaya panchayat not a previous conviction.
302. Inquiry by a nyaya panchayat under section 202, Code of Criminal Procedure, 1973.
303. Youthful offenders.
304. Order to maintain wives and children. Miscellaneous
305. Res-judicata and pending suits and cases.
306. Institution of suits and cases.
307. Summons to be issued to the defendant or accused.
308. Disposal of suits and cases in absence of party concerned.
309. Issue of summons to witnesses.
310. Assistance of police to the nyaya panchayat.
311. Fresh hearing of pending suits, etc., if more than one-half of members vacate office.
312. Nyaya panchayat not to revise or alter its decision.
313. Right of an arrested person to be defended by a legal practitioner.
314. Applicability of certain sections of the Code of Criminal Procedure, 1898*, to nyaya panchayat.
315. Power of Government to dissolve a nyaya panchayat.
316. Appointment and functions of the secretary of nyaya panchayat.
317. Power of Government to make rules.
CHAPTER – X RULES, BYE-LAWS AND PENALTIES Rules
318. Power of Government to make rules.
319. Penalties for breach of rules. Bye-laws
320. Bye-laws and penalties for their breach. * Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) 475 Penalties
321. Punishments of certain offences.
322. Penalty for acting as member, President, Vice-President of a village panchayat or as member, Chairman or Vice-Chairman of a commune panchayat council, when disqualified.
323. Penalty for acquisition by an officer or servant or interest in contract work.
324. Wrongful restraint of executive authority or Commissioner or his delegate.
325. Prohibition against obstruction of village panchayat, commune panchayat councils, etc.
326. Prohibition against removal or obliteration of notice.
327. Penalty for not giving information or for giving false information.
CHAPTER – XI MISCELLANEOUS
328. Extension of provisions of the Puducherry Municipalities Act, 1973 or of any rules made thereunder.
329.
329A. Power to remove difficulties.
329B. Power, authority and responsibilities of Panchayat.
330. Publication of rules, commencement of rules and notifications and placing of rules and orders on the Table of the Assembly.
331. Power of Government to make suitable provisions by order when a Panchayat village or commune panchayat is created or altered.
CHAPTER – XII REPEALS AND TRANSITORY PROVISIONS
332. Repeal and savings.
333. Special provisions regarding the term of councillors or members of existing council whose term is due to expire.
334.
334A. Consequences of replacement of existing councils.
334B.
335. Provisions as to employees existing before the commencement of this Act.
336. Obligation to carry out certain duties and functions of existing councils. SCHEDULES _______ 476 Enforcement Notifications of the Principal Act GOVERNMENT OF PUDUCHERRY LOCAL ADMINSTRATION DEPARTMENT (G.O. Ms. No. 17/74/LAD, dated 16th January, 1974/26 Pausa, 1895). NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Puducherry Village and Commune Panchayats Act, 1973 (No. 10 of 1973), the Lieutenant-Governor, Puducherry hereby appoints the 26th day of January, 1974 as the date on which the provisions of the said Act in so far as they relate to chapters and sections and schedules specified in the Tables below, shall come into force in the whole of the Union territory of Puducherry. TABLE I Chapter Sections From To (Both inclusive)
(1) (2) (4) Chapter – I Chapter - II Do Chapter – III Do Chapter – IV Do. Chapter – V Chapter – VI Chapter – VII Chapter – VIII Chapter – X Chapter – XI Chapter – XII Schedule Schedule – I Schedule – VIII Schedule – IX Schedule – X Schedule - XII .. .. .. .. .. .. .. .. .. .. .. .. .. .. TABLE II .. .. .. .. .. 1 3 40 76 80 165 182 195 213 237 246 318 328 334 Extent of enforcement Entire schedule. Do. Do. Do. Only so much part of the Schedule as is relatable to sections included in Table I 2 9 75 78 120 179 194 212 236 245 255 327 331 336 477 GOVERNMENT OF PUDUCHERRY LOCAL ADMINSTRATION DEPARTMENT (G.O Ms. No. 174, dated 11th September 1974.) NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Puducherry Village and Commune Panchayats Act, 1973 (No. 10 of 1973), the Lieutenant-Governor, Puducherry hereby appoints the 12th day of September, 1974 as the date on which the provisions of the said Act in so far as they relate to chapters and sections and schedules specified in the Table below, shall come into force in the whole of the Union territory of Puducherry. TABLE - I Chapter Sections From To (both inclusive)
(1) (2) (3) Chapter II Chapter III 10 121 39 123 TABLE - II Schedule Extent of enforcement Schedule - XII Only so much part of the schedule as is relatable to sections included in Table - GOVERNMENT OF PUDUCHERRY LOCAL ADMINSTRATION DEPARTMENT (G.O. Ms. No. 223 dated 27th July 1976) NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Puducherry Village and Commune Panchayats Act, 1973 (No. 10 of 1973), the Lieutenant-Governor, Puducherry hereby appoints the 1st day of August, 1976, as the date on which the provisions of the said Act in so far as they relate to Chapters and Sections and Schedules specified in the Tables below, shall come into force in the whole of the Union territory of Puducherry. TABLE – I Chapter Sections From To (Both inclusive) Chapter III Chapter IV Chapter IV Chapter IX Chapter XII 79 124 180 256 332 - 164 181 317 - TABLE – II Schedule Extent of enforcement Schedules II, III, IV, V, VI, VII, XI and XII Entire Schedules 478 THE PUDUCHERRY VILLAGE AND COMMUNE PANCHAYATS ACT, 1973. (No. 10 of 1973) (13-08-1973) AN ACT to consolidate and amend the law relating to the communes in the Union territory of Puducherry with a view to reorganise the administration pertaining to local Government in furtherance of the object of the democratic decentralization of powers in favour of different classes of panchayats. BE it enacted by the Legislative Assembly of Puducherry in the Twentyfourth year of the Republic of India as follows: --
CHAPTER – I PRELIMINARY #1. Short title, extent and commencement. – (1) This Act may be called, the Puducherry Village and Commune Panchayats Act, 1973.
(2) It extends to the whole of the Union territory except the municipalities governed by the Puducherry Municipalities Act, 1973.
(3) It shall come into force on such date, as the Government may, by notification, appoint:
Provided that different dates may be appointed for different provisions of this Act or for different areas, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. #2. Definitions. – In this Act, unless the context otherwise requires, -- *(1) "Administrator" means the Administrator of the Union territory of Puducherry appointed by the President of India under article 239 of the Constitution; **(1-A) "building" includes –
(a) a house, out-house, stable, shop, hut, latrine, godown, shed, wall (other than a boundary wall not exceeding two and a half metres in height) and any other structure whether of masonry, bricks, mud, wood, metal, or any other material whatsoever;
(b) a structure on wheels or simply resting on the ground without foundations; and
(c) a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods;
(2) "casual vacancy" means a vacancy occurring otherwise than by efflux of time and "casual election" means an election held to fill a casual vacancy; *(3) "Chairman" and "Vice-Chairman" shall respectively mean the Chairperson and Vice-Chairperson of the commune panchayat council; @(3A) "President" and "Vice-President" shall respectively mean the 'Chairperson' and 'Vice-chairperson' of the village panchayat; # The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. * The sub-clause was inserted and came into force by an amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** The previous sub-clause (1) is renumbered as sub-clause (1-A) by an amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. @ The sub–clause came into force by an amendment Act 4 of 1996 with effect from 30-8-1996 vide Extraordinary Gazette No. 15, dated 30-8-1996. 479
(4) "Commissioner" means the commissioner of the commune panchayat;
(5) "commune panchayat" means any local area which is declared to be a commune panchayat under this Act;
(6) "commune panchayat council" means the body constituted for the administration of a commune panchayat under this Act;
(7) "company" means any company as defined in the Companies Act, 1956 (Central Act 1 of 1956) and includes –
(a) any foreign company within the meaning of section 591 of that Act;
(b) any co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force; and
(c) any body corporate, or any firm or association carrying on business in the Union territory whether incorporated or not and whether its principal place of business is situated in the said Union territory or not;
(8) "Director" means a Director appointed under section 195 and also includes any officer authorised by the Government to exercise the powers and perform the duties of the Director; *(9) "Election authority" or "Election Commission" means the Commission consisting of the Election Commissioner appointed by the Administrator under section 9A;
(10) "Executive authority" means, in the case of a village panchayat having an executive officer, the executive officer and in the case of any other village panchayat, the President thereof;
(11) "Executive Officer" means the executive officer of a village panchayat;
(12) "Government" means the Government of the Union territory of Puducherry; *(12-A) "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a panchayat village comprised within the area of a village panchayat;
(13) "house" means a building fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way, and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus stand;
(14) "hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made, which the village panchayat may declare to be a hut for the purposes of this Act; * The sub-clause was inserted and came into force by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 480
(15) "latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal;
(16) "member" means a member of a village panchayat or of a commune panchayat council, as the case may be and includes co-opted or nominated member;
(17) "notification " means a notification published in the Official Gazette;
(18) "ordinary vacancy" means a vacancy occurring by efflux of time and "ordinary election" means an election held to fill ordinary vacancy;
(19) "owner" includes –
(a) the person for the time being receiving or entitled to receive whether on his own account or on behalf of another person as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose the rents or profits of the property in connection with which the word is used; and
(b) the person for the time being in charge of the animal or vehicle in connection with which the word is used; *(20) "panchayat" means an institution of self-government constituted under this Act for the rural areas, called “village panchayat” at the panchayat village level and "commune panchayat council" at the commune level; *(20-A) "panchayat area" means the territorial area of a panchayat; *(20-B) "Panchayat village" means a village or a group of villages specified by the Administrator by public notification to be a panchayat village for the purposes of this Act, which has a population of not less than one thousand and five hundred and over which a village panchayat has jurisdiction; * The sub-clause was substituted and came into force by an amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 481 +[(20-BB) "place of pilgrimage" means any place being a place of religious worship as may be specified by the Government by notification in the Official Gazette]; *(20-C) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(21) "prescribed" means prescribed by rules made under this Act;
(22) "President" means the President of a village panchayat;
(23) "private road" means any street, road, square, court, alley, passage, cart-track, foot-path or riding path which is not a public road", but does not include a pathway made by the owner of premises on his own land to secure access to, or for the convenient use of, such premises;
(24) "public road" means any street, road, square, court, alley, passage, cart-track, foot-path or riding path, over which the public have a right of way, whether a thorough-fare or not and includes –
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such road, public bridge or causeway; and
(c) the drains attached to any such road, public bridge or causeway, and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government;
(25) "residence" – "reside" a person is deemed to have his residence or to reside in any house if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention for returning;
(26) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the Union territory under article 341 of the Constitution; + Inserted vide Amendment Act 10 of 2002 w.e.f. 16-5-02 and published in the Extraordinary Part-II Gazette No. 27 dated 22.05.02. * The sub-clause was substituted and came into force by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 482
(27) "territorial council" means the territorial council for panchayats established under section 232; +[(27-A) "tourist resort" means any place of tourist attraction as may be specified by the Government by notification in the Official Gazette];
(28) "Union territory" means the Union territory of Puducherry;
(29) "village panchayat" means the body constituted for the local administration of a panchayat village under this Act;
(30) "water-course" includes any river, stream or channel, whether natural or artificial;
(31) "year" means the financial year.
CHAPTER – II CONSTITUTION OF VILLAGE PANCHAYAT AND COMMUNE PANCHAYAT COUNCILS Formation of panchayat village and commune panchayat *2-A. Gram Sabha. – (1) Subject to the general or special orders of the Government, the Gram Sabha shall meet from time to time, but six months shall not intervene between any two meetings. If the village panchayat fails to convene Gram Sabha, the executive authority shall convene the Gram Sabha:
Provided that one or more special meetings may be convened by the President at any time or on the demand of one-tenth of the total members of the Gram Sabha.
(2) The meetings of the Gram Sabha shall be presided over by the President and in his absence by the Vice-President, failing which by a person elected by the Gram Sabha for the purpose.
(3) The Gram Sabha shall consider the following matters and may make recommendations and suggestions to the village panchayat: -- + Inserted vide Amendment Act 10 of 2002 w.e.f. 16-5-02 and published in the Extraordinary Part-II Gazette No. 27 dated 22.05.02. * The sub-clause came into force by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 483
(i) Consideration of the budget of the village panchayat for the next financial year;
(ii) Consideration of the actual income and expenditure of the village panchayat for each preceding financial year;
(iii) Consideration and scrutiny of the existing schemes and the activities of the village panchayat in relation thereto;
(iv) Scrutiny of the completed schemes and activities of the village panchayat in relation thereto;
(v) Recommendations regarding the places where schemes for economic development and social justice and other related works are to be located in the panchayat village;
(vi) Formation of one or more vigilance committees, executive committees and such other committees, as may be necessary, to supervise the works being executed by the village panchayat and to put up reports concerning them in its meeting;
(vii) Consideration of audit reports of village panchayat and their compliances;
(viii) Consideration of the progress reports of the works being executed by the village panchayat.
(ix) Consideration of the recommendations of its various Committees;
(x) Directions to the village panchayat or to the executive committees or any other committees with regard to the execution of the policy framed by it;
(xi) Consideration of such activities as are vested in it by the Government from time to time; and
(xii) Exercise of such other powers and performance of such other functions, as the Government may authorise.
(4) The village panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha. 484
(5) The procedure for convening and conducting the meetings of the Gram Sabha shall be such as may be prescribed.
(6) The quorum of the meetings of the Gram Sabha shall be one-third of the total membership of the Sabha or one hundred members, whichever is less. #3. Formation of panchayat village.- *[(1) The Government shall by notification specify the name of a panchayat village.]
(2) (a) The *[Administrator] may, by notification –
(i) include in or exclude from a panchayat village any local area; or
(ii) cancel or modify a notification issued under sub-section (1); **[or]
(iii) **[Omitted]
(b) Before issuing a notification under clause (a), the *[Administrator] shall give the village panchayat or village panchayats which will be affected by the issue of such notification a reasonable opportunity for showing cause against the proposal and shall consider the objections, if any, of such village panchayat or village panchayats.
(3) **[Omitted]
(4) The *[Administrator] may pass such orders as he may deem fit –
(a) as to the disposal of the property vested in a village panchayat which has ceased to exist, and the discharge of its liabilities;
(b) as to the disposal of any part of the property, vested in a village panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the village panchayat relating to such property or arising from such local area.
(5) An order made under sub-section (4) may contain such supplemental, incidental and consequential provision as the *[Administrator] may deem necessary, and in particular may direct – # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. * Substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 485
(i) that any tax, fee or other sum due to the village panchayat or where a village panchayat has ceased to exercise jurisdiction over any local area, such tax, fee or other sum due to the village panchayat as relates to that area shall be payable to such authorities as may be specified in the order;
(ii) that appeals, petitions, or other applications with reference to any such tax, fee or sum which are pending on the date on which the village panchayat ceased to exist or, as the case may be, on the date on which the village panchayat ceased to exercise jurisdiction over the local area, shall be disposed of by such authorities as may be specified in the order. #4. Township. – (1) The Government may by notification declare any panchayat village or panchayat villages or any specified part thereof to be a township if it is an industrial, labour or institutional colony or a health resort.
(2) In regard to any area declared to be a township the Government shall, by notification, constitute a township committee.
(3) A notification issued by the Government may direct that any functions vested in a village panchayat by or under this Act shall be transferred to and performed by the township committee and shall provide for ---
(i) the total number of members of the township committee;
(ii) the persons who shall be members of the township committee or the manner in which they shall be chosen;
(iii) the person who shall be Chairman of the township committee or the manner in which he shall be elected or appointed;
(iv) the term of office of members and the Chairman;
(v) the restrictions and conditions subject to which the township committee may perform its functions; and
(vi) the procedure of the township committee.
(4) *[Omitted] # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. * Omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 486
Explanation. – In this section, the term 'industrial, labour or institutional colony' means any area wherein the majority of the inhabitants are engaged in any industry or are workmen, or are connected with any institution in the area in any manner whatsoever. #5. Formation of commune panchayats.-- (1) The Government may, from time to time, publish a notification of its intention to constitute a commune panchayat for a local area comprising such number of panchayat villages as it may think fit.
(2) Any inhabitant of a local area in respect of which any such notification has been published may submit his objection in writing to anything contained in the notification to the Government within six weeks from the publication of the notification and the Government shall take all such objections into consideration.
(3) After the expiry of six weeks from the publication of the notification and after considering the objections, if any, which have been submitted, the Government may, by notification –
(a) declare the local area to be a commune panchayat; and
(b) specify the name of the commune panchayat.
(4) The Government may, by notification –
(i) exclude from a commune panchayat, any panchayat village or specified area comprised therein, or
(ii) include in a commune panchayat any panchayat village or specified area, or
(iii) cancel or modify a notification issued under sub-section (3), or
(iv) alter the name of a commune panchayat.
(5) Before issuing a notification under sub-section (4), the Government shall give the commune panchayat council or commune panchayat councils and the village panchayat or village panchayats which will be affected by the issue of such notification a reasonable opportunity for showing cause against the proposal and shall consider their objections, if any.
(6) The Government may pass such orders as it may deem fit ---
(a) for the disposal of the assets of, or institutions belonging to the commune panchayat council which has ceased to exist, and for the discharge of the liabilities, if any, of such commune panchayat council relating to such assets or institutions, or # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. 487
(b) for the disposal of any part of the assets of or institutions belonging to, a commune panchayat council which has ceased to exercise jurisdiction over any panchayat village or any specified area and for the discharge of liabilities, if any, of the commune panchayat council relating to such assets or institutions.
(7) An order made under sub-section (6) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and in particular may direct ---
(i) that any tax, fee or other sum due to the commune panchayat council or where a commune panchayat council has ceased to exercise jurisdiction over any panchayat village or any specified area, such tax, fee or other sum due to the commune panchayat council as relates to that panchayat village or any specified area shall be payable to such authorities specified in the order;
(ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date on which the commune panchayat council ceased to exist, or as the case may be, on the date on which the commune panchayat council ceased to exercise jurisdiction over the panchayat village or specified area shall be disposed of by such authorities as may be specified in the order. Constitution of village panchayats and commune panchayat councils #6. Constitution of village panchayats and their incorporation. – + (1) A village panchayat shall be constituted for every panchayat village *[omitted] with effect from such date as may be specified in the notification issued *[omitted] in that behalf by the ** [Government].
(2) Subject to the provisions of this Act, the administration of the panchayat village shall vest in the village panchayat but the village panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its President or executive authority or to any commune panchayat council or any other authority. # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. + The sub-section (1) of section 6 came into force with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. * Omittedby Act 5 of 1994 w.e.f 22.4.1994. ** Substituted by Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 488
(3) Every village panchayat shall be a body corporate by the name specified in the notification issued under section 3, shall have perpetual succession and a common seal, with power, subject to any restriction or condition imposed by or under this Act or any other law, to acquire, hold and dispose of property (movable or immovable), enter into contracts, and do all things necessary, for the purposes for which it is constituted and may by the said name sue and be sued. #7. Strength of a village panchayat. - *[(1) The total number of elected members of a village panchayat shall be notified by the Director:
Provided that the ratio between the population of the territorial area of a panchayat village and the number of seats in the village panchayat to be filled by election shall, so far as practicable, be the same throughout the Union territory:
Provided further that all the seats in the village panchayat shall be filled by persons chosen by direct election from territorial constituencies in the panchayat village area and for this purpose, each panchayat village area shall be divided by the Government into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat village area].
(2) The Director may, from time to time, by notification, alter the total number of members of a village panchayat notified under sub-section (1).
(3) **[Omitted]
(4) **[Omitted] #8. Constitution of commune panchayat councils for commune panchayat and their incorporation. -- (1) A commune panchayat council shall be constituted for each commune panchayat with effect from such date as may be specified in the notification issued in that behalf by the Government.
(2) Subject to the provisions of this Act, the administration of the commune panchayat shall vest in the commune panchayat council but the commune panchayat council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Chairman or the Commissioner or to the village panchayat or any other authority: # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. * The sub-section (1) of section 7 substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** The sub-section (3) and (4) of section 7 omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 489
Provided that if and so long as there is no village panchayat in any part of a commune panchayat, the commune panchayat council shall exercise all the powers including the power of taxation, discharge the duties, perform the functions and be credited with the receipts and debited with the charges of the village panchayat and the Chairman and the Commissioner of the commune panchayat council shall exercise the powers, discharge the duties and perform the functions of the President and the executive authority respectively.
(3) Every commune panchayat council shall be a body corporate by the name of the commune panchayat specified in the notification issued under section 5, shall have perpetual succession and a common seal, with power, subject to any restriction or condition imposed by or under this Act or any other law, to acquire, hold and dispose of property (movable or immovable), enter into contracts, and do all things necessary, for the purpose for which it is constituted and may by the said name sue and be sued. *[9. Composition and strength of a commune panchayat council.– A commune panchayat council constituted for a commune panchayat shall consist of ---
(i) such number of seats in a commune panchayat council, as may be notified by the Director, to be filled by persons chosen by direct election from territorial constituencies in the commune panchayat:
Provided that the ratio between the population of the territorial area of a commune panchayat council and the number of seats in such council to be filled by election shall, so far as practicable, be the same throughout the Union territory:
Provided further that each commune panchayat shall be divided by the Government into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the commune panchayat;
(ii) Presidents of all village panchayats in the commune Panchayat;
(iii) one non-official member of each township committee in the commune panchayat chosen in the prescribed manner; * The section 9 substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 490
(iv) the member of the House of the People and the members of the Legislative Assembly of the Union territory representing constituencies which comprises wholly or partly a commune panchayat; and
(v) the member of the Council of States registered as an elector within the commune panchayat:
Provided that the chairperson of a village panchayat and other members of a commune panchayat council, whether or not chosen by direct election from territorial constituencies in a commune panchayat, shall have the right to vote in the meetings of the commune panchayat council]. Elections and term of office of members *[9A. Elections to Panchayats. – (1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the panchayats shall be vested in the Election Commission consisting of an Election Commissioner to be appointed by the Administrator.
(2) Subject to the provisions of any law made by the Legislative Assembly of the Union territory, the conditions of service and tenure of office of the Election Commissioner shall be such as the Administrator may by rule determine:
Provided that the Election Commissioner shall not be removed from his office except in like manner and on the like grounds as judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Administrator shall, when so requested by the Election Commission, make available to the Election Commission such staff which the Administrator considers necessary for the discharge of the functions conferred on the Election Commission by sub-section (1)]. * The section 9A inserted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 491 **10. Election of members. – The members of the panchayat shall be elected in such manner as may be prescribed:
Provided that no person shall be eligible to be elected under this Act as a member of more than one panchayat. *11. Reservation of seats. – (1) Seats shall be reserved for the Scheduled Castes in every panchayat and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filed by direct election in that panchayat as the population of the Scheduled Castes in that panchayat area bears to the total population of that area. The number of such reserved seats shall be determined by the Government by order published in the Official Gazette.
(2) One-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes.
(3) One-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled by direct election in every panchayat shall be reserved for women.
(4) The offices of chairpersons in the panchayats shall be reserved for the Scheduled Castes and women:
Provided that the number of offices of chairpersons reserved for the Scheduled Castes in the panchayats at each level shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the Scheduled Castes in the Union territory bears to the total population of the Union territory, the number of such reserved offices being determined by the Government by notification published in the Official Gazette:
Provided further that one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women:
Provided also that while determining the reserved seats for women under sub-sections (2), (3) and (4), fraction, if any, shall be counted as one. ** The section 10 amended by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. * The section 11 substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 492 **[(5) The allotment of reserved seats under sub-sections (1), (2) and (3) or the allotment of reserved offices of chairpersons under sub-section (4) shall be made by the Election Commission, once in five years, by rotation to different constituencies, in a panchayat or to offices of chairpersons of different panchayats in the Union territory. Such allotment shall be made in accordance with such procedure as may be prescribed and in such manner that a constituency in a panchayat or an office of chairperson of a panchayat is reserved again only after exhausting such reservation in respect of every other constituency or office of chairperson, as the case may be].
(6) The reservation of seats under sub-sections (1) and (2) and the reservation of offices of chairpersons (other than the reservation for women) under sub-section (4) in favour of Scheduled Castes shall cease to have effect on the expiration of the period specific in article 334 of the Constitution.
(7) Nothing contained in this section shall be deemed to prevent the members of the Scheduled Castes and women from standing for election to the nonreserved seats and the non-reserved office of chairpersons in the panchayats.
(8) The Government may prescribe for reservation of seats in any panchayat at any level in favour of backward class of citizens:
Provided that nothing contained in this section shall be deemed to prevent the backward class of citizens from standing for elections to the non-reserved seats in the panchayats. *12. Delimitation of constituencies, etc. – (1) For the purposes of election of members of a panchayat, the Government, after previous publication and hearing objections, shall, by notification, divide the panchayat village and commune panchayat, as the case may be, into territorial constituencies.
(2) The Election Commission shall, after previous publication in the prescribed manner, determine the constituencies in which seats if any, are to be reserved for the Scheduled Castes and/or for the women.
(3) All the electors of a constituency, irrespective of the community or sex, shall be entitled to vote at any election to any seat in that constituency whether reserved or not. ** The sub-section (5) of section 11, substituted by an amendment Act 4 of 1996 w.e.f 30.08.1996 vide Extraordinary Gazette No.15, dated 30-8-1996. * Section 12 substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 493 *13. Duration of panchayats, etc. – (1) Every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute a panchayat shall be completed ---
(a) before the expiry of its duration specified in sub-section (1); and
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the panchayat for such period.
(3) A panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued under sub-section (1) had it not been so dissolved.
(4) Every casual vacancy of an elected member of a panchayat shall be filled, subject to sub-section (2), as soon as possible. *14. Filling of vacancies of elected members. – If at an ordinary or casual election, no person is elected to fill any vacancy, a fresh election shall be held on such days as the election authority may fix. *15. [Omitted]
16. Election to more than one seat. – (1) If a person is elected to more than one seat in one or more @ [omitted] panchayats, then unless he resigns all but one of the seats by writing under his hand addressed to the election authority within the time specified in sub-section (2), all the seats shall become vacant.
(2) Such resignation shall be made ---
(a) where the date of declaration of his election to more than one seat is on the same day, fourteen days from that date; and
(b) where the dates of declaration of his election to more than one seat are different, fourteen days from the last of such date. * Sections 13 and 14 substituted and section 15 omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. @ The word "village" in sub-section (1) of section 16 omitted by amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 494
17. Qualifications for inclusion in electoral roll for panchayat village and publication thereof. – (1) Every person who is qualified to be included in such part of the electoral roll for any Assembly constituency as relates to the panchayat village or any portion thereof shall be entitled to be included in the electoral roll for the panchayat village, and no other person shall be entitled to be included therein:
Provided that any person who is entitled to be included in separate part of the electoral roll for such Assembly constituency by virtue of a statement referred to in section 20 of the Representation of the People Act, 1950 (Central Act 43 of 1950), shall not be eligible for being included in the electoral roll for the panchayat village prepared for the purposes of this Act, unless he makes an application giving the particulars of his address in the panchayat village to the person authorised under sub-section (2) for such inclusion.
Explanation. – Where, in the case of an Assembly constituency, there is no distinct part of the electoral roll relating to the panchayat village, all persons who are qualified to be included in such roll under the registration area comprising the panchayat village and whose addresses are situated in the panchayat village shall be entitled to be included in the electoral roll for the panchayat village prepared for the purposes of this Act. *[(2) The electoral rolls for the panchayat village shall be prepared and published under the superintendence, direction and control of the Election Commission].
(3) The electoral roll for the village panchayat shall be divided into separate parts for each ward. * The sub-section (2) of section 17, substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 495
(4) Every person whose name appears in the electoral roll for the panchayat village shall so long as it remains in force and subject to any revision thereof which might have taken place and subject also to the other provisions of this Act, be entitled to vote at an election; and no person whose name does not appear in such roll shall vote at an election:
Provided that no person shall vote at an election of members if he –
(a) has been adjudged to be of unsound mind or is a deaf-mute, or
(b) has voluntarily acquired the citizenship of a foreign State, or
(c) has been sentenced by a criminal court for an electoral offence punishable under section 27 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and five years have not elapsed from the date of such sentence or disqualification provided that the disqualification under this clause may at any time be removed by the Government if it thinks fit.
Explanation. – In this section, the expression "Assembly constituency" shall mean a constituency provided by law for the purpose of elections to the Legislative Assembly of Puducherry. #18. Power to rearrange and republish electoral roll. – Where, after the electoral roll for a panchayat village or any alterations thereto have been published under sub-section (2) of section 17 the panchayat village is divided into wards for the first time or the division of the panchayat village into wards is altered or the limits of the panchayat village are varied, *[the Election Commission] shall, in order to give effect to the division of the panchayat village into wards or to the alteration of the wards or to the variation of the limits, as the case may be *[cause] a rearrangement and republication of the electoral roll for the panchayat village or any part of such roll, in such manner as *[it] may direct. # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. * Substituted by Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 496 *18A. Electoral rolls for commune panchayat. – The provisions of sections 17 and 18 shall as far as may be, apply in relation to the electoral rolls for a commune panchayat as they apply in relation to the electoral rolls for a panchayat village. Qualifications, disqualifications, etc., of members of a village panchayat ##19. Qualification of candidates. – No persons shall be qualified for election as a member of a +[omitted] panchayat, unless his name appears on the electoral roll of the panchayat +[omitted]. #20. Disqualification of officers and other employees of Government and local bodies. - - @ [Omitted] A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955) shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration of the sentence. @[(2)] [Omitted] #21. Disqualification of persons convicted of election offences. – Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code (Central Act 45 of 1860) or under any law or rule relating to the infringement of the secrecy of an election shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of member of a village panchayat or of a member of a commune panchayat council for a period of five years from the date of his conviction. # The section came into force on the 26th day of January, 1974 vide EG No. 11 dt. 17.1.1974. ## The section came into force on 12-9-1974 vide EG. No. 122 dt. 12.9.1974. * The section 18A, inserted by amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. + The word 'village' in section 19, omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. @ The figure "(1)" and the sub-section "(2)" of section 20 omitted by an amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 497 @@22. Disqualifications of candidates. – (1) A person who has been convicted and sentenced by a criminal court to imprisonment for any offence involving moral delinquency or for an offence punishable under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955), shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration of the sentence.
(2) A person shall be disqualified for election as a member if, at the last date for filing of nomination or at the date of election, he is –
(a) of unsound mind, or a deaf-mute;
(b) an applicant to be adjudicated an insolvent or an undischarged insolvent;
(c) interested in a subsisting contract made with or any work being done for any village panchayat or any commune panchayat council except as a shareholder (other than a director) in a company;
(d) employed as paid legal practitioner on behalf of the village panchayat or commune panchayat council or as legal practitioner against the village panchayat or the commune panchayat council;
(e) an Honorary Magistrate under the Code of Criminal Procedure, 1898 (Central Act 45 of 1898)+, with jurisdiction over any part of the village panchayat;
(f) already a member of the village panchayat or, whose term of office will not expire before his fresh election can take effect or has already been elected as a member of the village panchayat or whose term of office has not yet commenced; or
(g) in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the village panchayat or the commune panchayat council up to and inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired. + Now Code of Criminal Procedure, 1973 (Central Act 2 of 1974). @@ The sub-section (1) of section 22, substituted by an amendment Act 4 of 1978 with effect from 20-3-1978 vide Extraordinary Gazette No. 59, dated 30-3-1978. 498
23. Disqualifications of members. – *[A person shall be disqualified for being chosen as, and for being, a member or President of a panchayat, if he] –
(a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section (1) of section 22;
(b) becomes of unsound mind or a deaf-mute;
(c) applies to be adjudicated, or is adjudicated, an insolvent;
(d) acquires any interest in any subsisting contract made with or work being done for any village panchayat or any commune panchayat council except as a shareholder (other than director) in a company or except as permitted by rules made under this Act;
(e) is employed as paid legal practitioner on behalf of the village panchayat or the commune panchayat council or accepts employment as legal practitioner against the village panchayat or the commune panchayat council;
(f) is appointed as an officer or other employee under this Act;
(g) is appointed as an Honorary Magistrate under the Code of Criminal Procedure 1898** (Central Act 5 of 1898), with jurisdiction over any part of the village panchayat;
(h) ceases to reside in the panchayat village;
(i) fails to pay arrears of any kind due by him (otherwise than in a fiduciary capacity) to the village panchayat or the commune panchayat council within three months after a bill or notice has been served upon him in pursuance of rules made under this Act, or where in the case of any arrear, such rules do not require the service of any bill or notice, within three months after a notice requiring payment of the arrear (which notice it shall be the duty of the President of the village panchayat or the Commissioner to serve at the earliest possible date) has been duly served upon him by the President or Commissioner; or
(j) absents himself from the meeting of the village panchayat or the commune panchayat council, as the case may be, for a period of three consecutive months reckoned from the date of the last meeting which he attended or of his restoration to office as member under sub-section (1) of section 24, as the case may be, or if within the said period, less than three meetings have been held, absents himself from three consecutive meetings held after the said date: * The section 23, amended by Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) 499
Provided that no meeting from which a member absented himself shall be counted against him under this clause if ---
(i) due notice of that meeting was not given to him; or
(ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or
(iii) the meeting was held on a requisition of members;
(k) becomes a member of the Legislative Assembly of Puducherry or of Parliament except to the extent provided in * [omitted] section 9; **(l) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the Union territory:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years. **(m) is so disqualified by or under any law made by the Legislative Assembly of the Union territory. ##24. Restoration of members to office. – (1) Where a person ceases to be a member under section 21 or clause (a) of section 23, he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision, and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
(2) (a) Where a person ceases to be a member under clause (j) of section 23, the President or the Commissioner shall at once intimate the fact in writing to such person and report the same to the village panchayat or the commune panchayat council, as the case may be, at its next meeting.
(b) If such person of his own motion applies for restoration to the village panchayat or the commune panchayat council, as the case may be, on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the village panchayat or the commune panchayat council, as the case may be, may at the meeting next after the receipt of such application restore him to his office of member: ## The section came into force on 12-9-1974 vide EG. No. 122 dt. 12.9.1974. * The words and figure "sub-section (3) of" in clause (k) omitted with effect from 23-4-1994 by an amendment Act 5 of 1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. * * The sub-clauses (l) and (m) of section 23, inserted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 500
Provided that a member shall not be so restored more than twice during his term of office. * [25. The question for disqualification of members. – (1) If any question arises as to whether a member or President of a panchayat has become subject to any of the disqualifications under section 19, section 20, section 21, section 22, section 23 or section 26, the question shall be referred for the decision of the Administrator and his decision shall be final.
(2) Before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.
(3) Nothing contained in this section shall be deemed to affect the provisions of section 24.
25A. Powers of Election Commission. – (1) Where in connection with the tendering of any opinion to the Administrator under sub-section (2) of section 25, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have for the purposes of such inquiry the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) in respect of the following matters, namely: --
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry. * Sections 25, 25A, 25B, 25C and 25D substituted and came into force on 23-4-1994 by amendment Act 5 of 1994. 501
(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act 45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to the magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to bear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and section 228 of the Indian Penal Code (Central Act 45 of 1860).
25B. Statements made by persons to the Election Commission. – No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in any civil or criminal proceeding except a presentation for giving false evidence by such statement:
Provided that the statement ---
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject-matter of the inquiry.
25C. Procedure to be followed by the Election Commission.—The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).
25D. Protection of action taken in good faith. – No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 25A, 25B and 25C or of any order made thereunder or in respect of tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings]. 502 ##26. Oath or affirmation to be made by members. – (1) Every person who is elected *[as] a member shall, before taking his seat, make and subscribe before the Director or some person appointed in that behalf by him, an oath or affirmation in the following form namely: --- having been elected a member **[Omitted] I, A.B., of this having become a member village panchayat swear in the name of God do commune panchayat council solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.
(2) Any person who, having been elected *[as] a member or who having become a member, fails to make within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) Any person who has been elected *[as] a member or who has become a member shall not take his seat at a meeting of the village panchayat or the commune panchayat council, as the case may be, or do any act as such member unless he has made the oath or affirmation as laid down in sub-section (1).
(4) Notwithstanding anything contained in sub-section (3) the President of a village panchayat **[omitted] or the member of a committee constituted under this Act who has not made the oath or affirmation as a member shall be entitled to act as such President, **[ omitted] or member:
Provided that he makes the oath or affirmation and takes his seat at the first meeting of the village panchayat **[omitted] or the committee, as the case may be, which he attends within two months after he is elected or appointed as, or becomes entitled to exercise the functions of, the President, **[ omitted] or member, as the case may be. ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * The word "as" in section 26 inserted by Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. ** Omitted by Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 503
Explanation. – For the purposes of this section ---
(i) ‘President’ includes a Vice-President exercising the functions of the President under sub-section (1) or sub-section (2) of section 46 and the temporary President appointed under sub-section (3) of that section. *[(ii) Omitted]. ##27. Corrupt practices and electoral offences. – The provisions of sections 123, 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 135 and 136 of the Representation of the People Act, 1951 (Central Act 43 of 1951) shall have effect as if ---
(a) reference therein to an election were reference to an election under this Act;
(b) references therein to a constituency included reference to the area within the jurisdiction of a village panchayat or a ward thereof; and
(c) in sections 134 and 136, for the words "by or under this Act" the words and figures "by or under the Puducherry Village and Commune Panchayats Act, 1973" had been substituted. Requisitioning of property for election purposes ##28. Requisitioning of premises, vehicles, etc., for election purposes. – (1) If it appears to the Government or to an officer authorised by it (which Government or the officer is hereinafter referred to as the requisitioning authority) that in connection with an election under this Act ---
(a) any premises other than residential buildings actually occupied are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * The entry (ii) below explanation in section 26 omitted by amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 504
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the requisitioning authority may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with such requisitioning:
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed for the service of a notice on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
(4) In this section, --
(a) 'premises' means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(b) 'vehicle' means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. ##29. Payment of compensation. – (1) Whenever in pursuance of section 28 the requisitioning authority requisitions any premises, there shall be paid by the village panchayat to the persons interested compensation, the amount of which shall be determined by the requisitioning authority by taking into consideration the following, namely: ---
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his place of business, the reasonable expenses, if any, incidental to such change: ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. 505
Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application to the Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation. – In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 28 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 28 the requisitioning authority requisitions any vehicle, vessel or animal, there shall be paid by the village panchayat to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal, being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine:
Provided further that where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree, upon, and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide. 506 ##30. Power to obtain information. – The requisitioning authority may, with a view to requisitioning any property under section 28 or determining the compensation payable under section 29, by order, require any person to furnish to such authority as may be specified in the order, such information in his possession relating to such property as may be so specified. ##31. Powers of entry into and inspection of premises, etc., -- (1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 28 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.
(2) In this section, the expressions 'premises' and 'vehicle' have the same meanings as in section 28. ##32. Eviction from requisitioned premises – (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 28 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any buildings or do any other act necessary for effecting such eviction. ##33. Release of premises from requisition. – (1) When any premises requisitioned under section 28 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises where requisitioned, or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises, and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any right in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. 507
(2) Where the person to whom possession of any premises requisitioned under section 28 is to be given under sub-section (1) cannot be found or is readily ascertainable or has no gent or any other person, empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.
(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority shall not be liable for any compensation or other claim in respect of such premises for any period after the said date. ##34. Penalty for contravention of any order regarding requisitioning. – If any person contravenes any order made under section 28 or section 30, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. ##35. Dispute as to validity of election. – (1) If the validity of an election of a member or President of a village panchayat or the *[member] of a commune panchayat council is called in question by any person qualified to vote at the election to which such question relates, such person may, at any time within fifteen days after the date of declaration of the result of the election, apply to the prescribed judicial authority in such form as may be prescribed for the determination of such question.
(2) If, on receipt of an application under sub-section (1) and after making such inquiry as he considers necessary, the prescribed judicial authority is satisfied -- ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * Substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 508
(a) that any member or President *[omitted] who has been elected was on the date of election subject to any of the disqualifications specified in section 23, or
(b) that any corrupt practice has been committed by any member or President *[omitted]who has been elected or by any other person with the consent of such member, or President, or
(c) that the result of the election, in so far as it concerns an elected member or President *[omitted]has been materially affected –
(i) by any corrupt practice committed in the interest of the elected member or President*[omitted] by any person without the consent of such member,
(ii) by any non-compliance with the provisions of this Act or any rules or orders made thereunder. the prescribed judicial authority shall declare the election of such member or President *[omitted]to be, invalid, and such declaration shall be final:
Provided that no election of a member or President*[omitted] shall be declared invalid on the ground that such member or President *[omitted] committed a corrupt practice unless he has been given an opportunity to show cause against such declaration.
(3) Where the prescribed judicial authority declares the election of any member or President to be invalid on the ground that he committed a corrupt practice, the prescribed judicial authority may declare such member to be disqualified from exercising any electoral right or from being a member **[of a panchayat] or President of any village panchayat for such period not exceeding five years as he may determine.
(4) A person shall be deemed to have committed a corrupt practice if he, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration or holds out any promise of individual profit or any threat of injury to any person. * Omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Inserted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 509 ##36. Fresh elections. – If the prescribed judicial authority declares the election of any member or President *[omitted] to be invalid, a fresh election for the vacancy so caused shall be held in accordance with the provisions of this Act. ##37. Publication of the results of election. – (1) Where a general election is held for the purpose of constituting a new @[omitted] panchayat there shall be notified by the election authority in the Official Gazette, as soon as may be after the date originally fixed for the complet