31

32. Special functions of Gram Panchayat. It shall be the duty of the Gram Panchayat within the Gram Sabha area to perform

(a) the duties of the panchayat under the Punjab Village and Small Town Patrol Act, 1918 or any other law for the time being in force; and

(b) such duties of village headman in connection with village watchman as the State Government may prescribe by rules under section 39-A of the Punjab Laws Act, 1872 or any other law for the time being in force.

33. Delegated functions of Gram Panchayats -(1) - Notwithstanding anything to the contrary in this Act or any other laws for the time being in force, the Panchayat Samiti or Zila Parsihad may as the case may be, and shall if so required by the State Government delegate, transfer any duty, function or property for proper and efficient control, management and administration to the Gram Panchayat;

(2) The Panchayat Samiti or Zila Parishad, as the case may be, shall place sufficient funds at the disposal of the Gram Panchayat for performance of the duties so delegated for proper control and administration of the properties so transferred to the Gram Panchayat in case of default, the State Government may by order in writing direct the person having the custody of Panchayat Samiti Fund of Zila Parishad Fund to place funds at the disposal of the Gram Panchayat.

34. Power to require removal of encroachments and nuisance. (1) A Gram Panchayat either suo moto or on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a conditional order requiring within a time to be fixed in the order. –

(a) the owner or the occupier of any building or land -

(a) to remove any encroachment on a public street, place or drain;

(ii) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain cesspool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or watercloset which opens on to any street drain, or to shut off such latrine, urinal or water-closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood;

(iii) to cleanse, repair, cover, fill up, drain off deepen or to remove water from a private wall tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious or offensive to the neighbourhood;

(iv) to remove any dirt, dung, night-soil, manure or any noxious, or offensive matter therefrom and to cleanse the land or building;

(b) the owner of any wall or building, which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wall or building;

(d) the owner of any dog or other animal suffering or reasonably suspected to be suffering from rabies or which is dangerous to destroy or confine or cause to be confined such dog or animal;

(e) the owner or occupier of any agricultural land to destroy pohli or any other such harmful weed from such land;

(f) the owner or occupier concerned to reclaim an unhealthy place;

(g) the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or street passing in front of the building or through his land;

(h) the owner or person-in-charge of a private “Khal” to keep it in a state of reasonable repair;

or if he objects so to do, to appear before it, at a time and place to be fixed by the order, and to move to have the order set aside or modified in the manner hereinafter provided.

(2) If the owner or occupier of any building or land does not perform such act or appear and show cause the order shall be made absolute and if he appears and show cause against the order the Gram Panchayat shall take evidence and if it is satisfied that the order is not reasonable and proper no further proceedings shall be taken in the case and if it is not so satisfied the order shall be made absolute.

(3) If such an act is not performed within the time fixed, the Gram Panchayat may cause it to be performed and may recover the costs of performing it from such person.

35. Power of Gram Panchayat to make general order. A Gram Panchayat may by general order to be published in the manner prescribed

(a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public health;

(b) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds, or other excavations, reserved for drinking water;

(c) regulate or prohibit the steeping of hemp or any other plant in or near ponds or other excavations within two hundred and twenty yards of the residential area of a village;

(d) regulate or prohibit the dyeing or tanning of skins within four hundred and forty yards of the residential area of a village;

(e) regulate or prohibit the excavation of earth;

(f) regulate or prohibit the establishment of brick-kilns and charcoal kilns within eight hundred and eighty yards and pottery kilns within two hundred and twenty yards of the residential area of the village;

(g) direct that the carcasses of all dying within the village except animals slaughtered for consumption shall not be disposed of within a radius of four hundred and forty yards of the residential area of the village;

Provided that nothing shall be done under this clause to interfere with the legal rights of any person;

(h) regulate the construction of new buildings or the extensions or alterations of any existing buildings or the abadi;

(i) regulate with the previous permission of the State Government the parking of public vehicles;

(j) regulate such a matters as may be necessary for the general protection of standing crops and trees on common land and the planting of such trades;

(k) regulate the observance of sanitation and taking curative and preventive measures to remove and prevent the spread of epidemics;

(l) regulate the maintenance of water courses meant for irrigation purposes;

(m) regulate the killing of stray dogs;

(n) regulate the slaughter of animals; and

(o) prohibit beggary;

(p) direct the taking of measure for the prevention of waterlogging;

(q) regulate the flaying and disposal of dead animals;

(r) prohibit the sale of harmful eatables within the gram sabha area;

(s) regulate offensive and dangerous trades or practices.

36. Penalty for disobedience of special or general order of the Gram Panchayat. Any person who disobeys an order of the Gram Panchayat made under sections 34 and 35 shall be liable to a penalty which may extend to fifty rupees and if the breach is a continuing breach, with a further penalty which may extend to five rupees for every day after the first day during which the breach continues:

Provided that the recurring penalty shall not exceed the sum of rupees five hundred.

37. Appeal against orders of Gram Panchayat. Any person aggrieved by an order of the Gram Panchayat made under section 36 may, within a period of thirty days of the date of such order, prefer an appeal to the District Development and Panchayat Officer whose decision shall be final and shall not be liable to be questioned in any court of law.

38. power to enquire and make report about misconduct of petty officials. (1) On a complaint being made to the Gram Panchayat by any person that a peon, bailiff, constable, chaukidar, patrol of Department of Irrigation, Forest guard, Patwari, or vaccinator, canal overseer, head constable, game wather or any other class of public servants to which the State Government may, by notification, extend the provisions of this section has misconducted 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 Deputy Commissioner.

(2) The authority referred to in sub-section (1) shall, after such further enquiry as may be required, take suitable action and inform the Gram Panchayat of the result;

Provided that nothing in this section shall be construed as empowering the Gram Panchayat to summon any such officials or to exercise control disciplinary or otherwise, over them.

39. Supervision of patwaris. On the report being made by any person that a patwari or Chaukidar has failed to perform any duty imposed upon him by any law, the Gram Panchayat may by notice fixing a reasonable period require him to perform the said duty and on his failure to do so shall report the matter to the superior officer whom it may concern, or to the Deputy Commissioner and the result of the action taken thereon shall be communicated to the Gram Panchayat.

40. Power to introduce prohibition. (1) A Gram Panchayat, may by a resolution supported by at least two-thirds of panches holding office for the time being passed at any time on or after the first day of April, and on or before 30^th day of September in any year, direct that intoxicating liquor be not sold at any licensed shop within the Gram Sabha area, notwithstanding any resolution passed by an empowered local body under section 5 of the Punjab Local Option Act, 1923, or any other law for the time being in force, such resolution shall be effective from the first day of April, of the year following the date when it is so passed and shall immediately be communicated to the Excise and Taxation commissioner, Punjab.

(2) Notwithstanding anything contained in the Punjab Excise Act, 1914, and the rules made therunder, or any other law for the time being in force, 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, Punjab:

Provided that if the Excise and Taxation Commissioner, Punjab is of 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 the date of the passing of such resolution, in such local area, such resolution shall not be binding upon him, unless the State Government orders that it shall be so binding.

41. Power to make Bye-laws. (1) a gram Panchayat may, from time to time, make bye-laws consistent with this Act and with rules made therunder generally for carrying out all or any of the purposes of this Act.

(2) In making a bye-law under sub-section (1) the Gram Panchayat may direct that a breach of it shall be punishable with fine, which may extend to fifty rupees and if breach is continuous with a further fine of two rupees for every day after first during which the breach continues.

(3) The power conferred under this section to make bye-laws is subject to the condition of previous publication for such time and in such manner as the Director may determine, and no bye-law shall come into force until it has been confirmed by the Director.

42. Power of entry and Inspection. The Sarpanch of the Gram Panchayat and, if authorized in writing in this behalf by the Gram Panchayat, any other panch may enter into or upon any building or land, with or without assistant or workmen, in order to make an inspection or survey or to execute a work which a Gram Panchayat is authorized by this Act or rules or bye-laws made therunder 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 the provisions of this Act or of rules or bye-laws, to make or execute:

Provided that –

(a) except when it is under this Act otherwise expressly provided no such entry shall be made between sun-set and sun-rise;

(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 their privacy shall not be disturbed; and

43. Power regarding naming of streets and numbering of buildings.

(1) A Gram Panchayat may -

(a) cause a name to be given to a street by affixing it to or painting it on any building or otherwise in such a position or manner as it may think fit;

(b) cause a number to be affixed to or painted on any building in such a position or manner as it may think fit.

(2) The Gram Panchayat may require the owner or occupier of any building to paint thereon a number or itself cause such a number to be painted on any building.

(3) Any person destroying, pulling down, defacing or altering any name plate of a street or number affixed to or painted on a building under sub-sections (1) and (2) or affixing to or painting on a building a different name or number from that affixed or painted by or under the order of the Gram Panchayat, shall, on conviction, be liable to a fine which may extend to fifty rupees.

NOTES

Resolute enforcing prohibition-Stray cases not sufficient to form objective opinion. – Keeping in view the importance attached to the enforcement of prohibition by the farmers of the Constitution and accorded the policy of prohibition the status of State policy, the unanimous resolution of the Panchayat could not be ignored unless a clear case on the basis of sufficient material had been carried out to show that illicit distillation and smuggling of alcohol had been made on or connived at in the local area. It the importance of the public policy enshrined in the Constitutional provision which the Panchayat sought to carry out had been kept in mind by the Excise and taxation commissioner, then on the basis of two stray cases of detection of possession of very insignificant quantity of illicit liquor having come to his notice about which no details were indicated as to whether the cases had succeeded or not, he could not have objectively formed the opinion and decided to ignore the resolution of the Panchayat.

Illicit distillation – When ignored. – Even though a large number of cases of illicit distillation and smuggling might take place during the interval when resolution passed by Gram Panchayat and time form which it takes effect i.e. 1^st of April of next Year. Commissioner cannot take them into consideration.

CHAPTER – IV

JUDICIAL FUNCTIONS OF GRAM PANCHAYATS

44. Powers and jurisdiction of Gram Panchayat over criminal offences. (1) Gram Panchayat shall exercise powers and shall have jurisdiction over matters laid down in Schedule II.

(2) For the purpose of deciding whether an offence falls within the jurisdiction of a Gram Panchayat, the provisions of sections 178 to 181 of the Code of Criminal Procedure, 1973 shall apply.

(3) A Gram Panchayat shall be deemed to be criminal court when trying criminal cases.

45. Transfer of proceedings. Any Magistrate before whom a complaint or report by the Police of any offence triable by a Gram Panchayat Is brought or who takes cognizance of any such offence upon his own knowledge or suspicion shall transfer the proceedings to a Gram Panchayat of competent jurisdiction:

Provided that a Chief Judicial Magistrate may for reasons to be recorded in writing, transfer any criminal case from Gram Panchayat to another Gram Panchayat of competent jurisdiction or to another court subordinate to him.

46. Exclusion of certain case. (1) Subject to the provisions of sub-section (3), no Gram Panchayat shall take cognizance of any offence under the Indian Penal Code, 18960, in which either complainant or the accused is a public servant.

(2) When information relating to the commission of a cognizable offence triable by a Gram Panchayat has been given to an officer incharge of a police station, he shall forthwith send a copy of the First Information Report, to the Gram Panchayat competent to try such an offence and such Gram Panchayat shall not proceed to try any complaint relating to the same facts nor shall it issue any summons in the matter, until the officer has intimated in writing that the investigation has been concluded;

Provided that such an officer shall send the information to the Gram Panchayat after the conclusion of the investigation.

(3) No criminal cases shall be heard, by any Gram panchayat when criminal case on substantially the same facts against the same facts against the same person has been heard and finally decided by the competent court or Gram Panchayat or is pending therein, or before it.

47. Cognizance of criminal cases. (1) A criminal case before a Gram panchayat shall be instituted on a complaint in writing and on payment of fee prescribed in Schedule III by presenting it in person to the Sarpanch, and in his absence, to any Panch or by sending it by registered post Gram Panchayat :

Provided that If the court fee stamp is not available at the place where the Gram Panchayat ordinarily sits or at the place from where the complaint is sent an equivalent amount may be paid in cash sent to the Gram Panchayat by money order.

(2) The particulars of the complaint shall be recorded by the Secretary the Gram Panchayat in the register prescribed for the purpose.

(3) Notwithstanding anything contained in sub-section (1). a Gram Panchayat shall be competent to take cognizance suo moto of cases falling under sections 160, 228, 264, 277, 289, 290, 294, 510 of the Indian Penal Code, 1860 and under sections 3 and 4 of the Punjab Juvenile Smoking Act, 1918.

48. Action on complaint. (1) The Gram Panchayat may, after examining the complainant and the witnesses, if any, and after such further enquiry, as it may deem necessary, either dismiss the complaint or summons accused.

(2) The Gram Panchayat may dismiss the case if the complainant is absent on any day fixed for hearing of the case or for want of prosecution and such order shall, subject to the provisions of sub-section (3), operate as an acquittal.

(3) If the complainant satisfies the Gram Panchayat that his absence for want of prosecution of the case on his part was due to a sufficient cause, the Gram Panchayat may set aside the order of dismissal and revive the proceedings:

Provided that no order of dismissal shall be set aside unless: -

(i) an application for the purpose is made by the complainant within thirty days of the passing of such order; and

(ii) a notice of the application has been served upon the accused if the dismissal was made after appearance of the accused before the Gram Panchayat.

49. Power of Gram Panchayat to refuse to entertain criminal case. (1) If at any time it appears to the Gram Panchayat that the offence is one for which the sentence which the Grain Panchayat is competent to pass would be Inadequate, It shall send the record of the case by order in writing to the Chief Judicial Magistrate.

50. Proceeding on failure of the accused to appear. (1) If the accused fails to appear or cannot be found, the Gram Panchayat shall report the facts to the Magistrate having jurisdiction over the area.

(2) The Magistrate shall Issue the summons or warrant for the arrest of he accused and in case of a warrant, shall direct by endorsement on the warrant that if such person executes a bond in certain amount with or without sureties for his attendance before himself in the manner provided in section 71 of the Code of Criminal Procedure, 1973, he shall be released from custody.

(3) When the accused appears before the Magistrate he may direct him to execute a bond with or without sureties in the amount to be named to appear before the Gram Panchayat at its next meetings and it shall be the duty of such accused to enquire the date and time of the next meeting of the Gram Panchayat.

(4) On his failure to execute such a bond if required to do so under sub- section (3) of the Magistrate shall order that the accused may be produced in custody before the Gram Panchayat at its next meeting.

(5) If the accused fails to appear before the Gram Panchayat after executing a bond under sub-section (3) the Gram Panchayat shall report the fact m the bond was executed and such Magistrate before whom the bond was executed and such Magistrate shall proceed under sub-section (2) to compel the attendance of the accused amount of bond under Chapter XXXIII of the Code of Criminal Procedure, 1973.

51. Prompt disposal of criminal cases. (1) The Gram Panchayat shall, if possible, try a criminal case and pass orders on the day on which the accused appears and. If that is not possible may, if he is not already on ball, require him to execute a bond with or without sureties for a sum not exceeding five hundred rupees to appear before the Gram Panchayat on any subsequent day or days to which the trial may be adjourned.

(2) The amount of bond to be executed under sub-section (1) if, forfeited shall be recoverable by the Gram Panchayat as if were a fine imposed by it.

(3) If the accused fails to execute the bond required by sub-section (1) the Gram Panchayat shall inform the Magistrate of the fact and the date fixed, for the next hearing and the Magistrate shall proceed as provided under sub- sections (4) and (5) of section 50.

52. Punishment. A Gram Panchayat may on conviction –

(a) sentence the accused to a fine not exceeding two hundred rupees or double the value of the damage or loss caused by this Act, whichever is greater :

Provided that no fine shall exceed the maximum fine prescribed by the law for that offence:

(b) discharge him after due admonition.

(c) require him to execute within such time as the Gram Panchayat may fix, a bond with or without sureties of an amount not exceeding one hundred rupees, binding himself that he will not be again guilty of an offence triable by the Gram Panchayat for any period not exceeding twelve months, or

(d) where in the opinion of Gram Panchayat he is under eighteen years of age, require his father or his guardian to execute within such time as the Gram Panchayat may fix, a bond with or without sureties of an amount not exceeding one hundred rupees, binding himself to prevent such offender from committing any offence triable by the Gram Panchayat for any period not exceeding twelve months.

(2) The amount of any bond taken under clauses (c) and (d) of the foregoing sub-section if forfeited, shall be recoverable by the Gram Panchayat as if it were a fine imposed by itself and if the accused or his father or his guardian as the case may be, fails to execute such a bond within the time fixed the accused shall be punishable with fine which may extend to one hundred rupees.

(3) Where a Gram Panchayat imposes a fine under the provisions of this section and such fine is not paid as required it shall record an order declaring the amount of fine imposed and that it has not been paid, and shall forward the same to0 the nearest Judicial Magistrate who shall proceed to execute it as if were an order passed by himself, and such Judicial Magistrate may also sentence the accused to imprisonment in default of payment.

53. Compensation. (1) If a fine is imposed under this Act, the Gram Panchayat may order the whole or any part of the fine recovered to be applied

(a) in defraying expenses properly incurred in the case by the complainant; and

(b) in compensation for any material damage or loss caused by the offence committed.

(2) If the Gram Panchayat considers that a case is flaw or frivolous or vexatious it may call upon the complainant to show cause why he should not pay compensation to the accused.

(3) The Gram Panchayat shall record and consider any cause which the complainant may show under sub-section (2) and if it is as satisfied that the case was false, frivolous or vexatious, may for reason, to be recorded direct that compensation not exceeding rupees fifty shall be paid by the complainant to the accused.

54. Conviction by Gram Panchayat not Previous Conviction. No conviction under this Act shall be deemed to be previous conviction for the purpose of section 75 of the Indian Penal Code, 1860 or section 356 or section 360 of the Code of Criminal Procedure, 1973.

55. Supervision of Criminal proceedings by Chief Judicial Magistrate. (1) The Chief Judicial Magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on an application of the party aggrieved by order in writing after notice to the accused, or the complainant, as the case may be, cancel or modify any order in a judicial proceeding made by a Gram Panchayat or direct the retrial of any criminal case by the same or any other Gram Panchayat of competent jurisdiction subordinate to him.

(2) A fee of one rupee shall be paid on every application, to be filed under sub-section (1).

56. Civil, revenue and judicial powers. (1) Notwithstanding anything contained in any other law for the time being In force and subject to the other provisions of this Act, the jurisdiction to try any of the suits mentioned hereunder shall vest In a Gram Panchayat,-

(a) suits for the recovery of movable property or the value of such property:

(b) suits for money or goods due on contracts or price thereof ,

(d) suits mentioned In clauses U), (k), (1) and (n) of sub- section (3) of section 77 of the Punjab Tenancy Act, 1887, or any other law for the time being in force.

(2) The pecuniary limits of jurisdiction of a Gram Panchayat shall be five hundred rupees in respect of all suits falling under sub-section (1).

57. Gram Panchayat to he deemed to be civil or revenue court. The Gram Panchayat When trying suits referred to in section 56 shall be deemed to be a civil court or revenue courts, as the case may be, unless relinquished in part, the suits shall include the whole of the claim and no subsequent suits shall lie before the Gram Panchayat or any other court for any claim or a part thereof relinquished or omitted.

58. Limits to jurisdiction. No suit shall lie before a Gram Panchayat unless the defendant or one of the defendants sought to be made liable for the claim where there are more than one at the time of the institution of the suit resides or carries on business or personally works for gain, or has within one year of the institution of the suit resided or carried on business or personally worked for gain, within the limits of its jurisdiction or the cause of action has arisen wholly or in part within these limits.

59. Transfer of suits. (1) Any other court before whom a suit triable by a Gram Panchayat is filed shall transfer the suit to the Gram Panchayat of competent jurisdiction.

(2) The District Judge or Collector may, for reasons to be recorded in writing, transfer any civil or revenue suit respectively from the Gram Panchayat to another Gram Panchayat of a competent jurisdiction or to another court subordinate to him.

60. Exclusion of Gram Panchayat jurisdiction. No suit shall lie in a Gram Panchayat –

(a) on a balance of a partnership account;

(b) for a share or a part of share under an intestacy or for a legacy of part of legacy under a Will;

(c) by or against the Central Government or a State Government or local authority or a public servant or a Gram Panchayat or Market Committee constituted under the Punjab Agricultural Produce Markets Act, 1961 or any other law for the time being in force, or when any such party is, in the opinion of the Gram Panchayat necessary party;

(d) by or against a minor or a person of unsound mind or when any such person is in the opinion of the Gram Panchayat a necessary party;

(e) against an insolvent for a claim pertaining to the time prior to the admission of his insolvency petition;

(f) on account of any dispute or matter regarding which any suit or application may be made in a revenue court as defined in the Punjab Tenancy Act, 1887 except as provided by clause (d) of sub-section (1) of section 56;

(g) in which the matter directly and substantially in issue is pending for decision or has been heard and finally decided by a Court of competent jurisdiction in a former suit between the same parties or those

61. Limitation. (1) The provisions of any law fixing a period of limitation for civil or revenue proceedings shall be deemed to be amended to the extent that the period of limitation of any suit triable by a Gram Panchayat shall not exceed three years.

(2) Any time spent on proceedings before a Gram Panchayat to which the Provisions of this section are applicable shall be excluded from any period of limitation of any prescribed by law for suits in other courts.

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