62.
Institution of suits. (1) Any person, who wishes to institute a
suit before a Gram Panchayat, shall present a petition in writing to the Sarpanch,
or, in his absence, to any Panch and shall at the time pay the fees prescribed
in Schedule III:
Provided
that if the court fee stamp is not available at the place where the Gram
Panchayat ordinarily sits, an equivalent amount in cash shall be paid.
(2) Any
petition presented under sub-section (1) shall be entered in a register of
suits, to be maintained in such form and by such person as the State Government
may prescribe,
63.
Wrong institution of suits. If at any time, it appears to
the Grain jurisdiction to try a suit it shall direct the petitioner, by order
in writing, to file his suit in the proper court.
64.
Summary dismissal. If upon the face of the petition, or on
examining he petitioner, a Gram Panchayat is of opinion that the petition is
vexatious or frivolous or barred by limitation or discloses no cause of action,
it shall dismiss the petition by order in writing.
65.
Necessary Parties in suits. (1) Subject to the provisions
of clauses (c) and (d) of section 56 of the Gram Panchayat shall add as parties
to suit person whose presence as parties it considers necessary for a proper
decision thereof and shall enter the names of such parties in the register of
suit and suit shall be tried as between the parties whose names are entered in the
said register:
Provided
that when any party is added notice shall be given to him and he shall be given
an opportunity of appearing before the trial of the suit is proceeded with.
(2) In
all cases where new party appears under the proviso to sub-section (1) during
the trial of a civil suit, he may require that the trial shall beg, de novo.
(3) If
the plaintiff or dependant in any suit dies before a case has beer finally
decided and the right to sue still survives the suit shall subject to the
provision of clause (d) of section 56 be proceeded with at the instance of, or
against the legal representatives of the deceased plaintiff or the deceased
defendant, as the case may be:
Provided
that application in this behalf it has been presented to the Gram Panchayat
within thirty days of the death or within such fur titter period as the Gram
Panchayat may, for sufficient cause allow.
66.
Summons. If suit is not dismissed under section 64 the Gram Panchayat
shall by summons require the defendant to appear before It and answer the
petition.
67.
Dismissal in default and restoration. (1) If the petitioner fails to
appear on the date fixed for hearing or If In the opinion of the Gram Panchayat
he shows negligence In prosecuting his suit, the Gram Panchayat may dismiss the
suit unless the defendant admits all or any part of the claim, when it shall be
decreed accordingly.
(2) A
Gram Panchayat shall restore a suit dismissed for failure to appear if, within
fifteen days from the date of such dismissal, or such further period which for
sufficient cause the Gram Panchayat may allow, the plain tiff satisfies the
Gram Panchayat that he was prevented by any sufficient cause from appearing;
but no order of dismissal shall be set aside without notice to the defendant.
If it has been passed after his appearance before the Gram Panchayat.
(3) A
fee of one rupee shall be paid on every application for restoration, under
sub-section (2).
68. Ex
pane decision. (1) If the defendant fails to appear and the Gram Panchayat is
satisfied that he has received notice of the date fixed for the hearing or that
he is intentionally evading service, the Gram Panchayat may proceed ex parte.
(2) Any
defendant against whom a suit has been decided ex parte, may within thirty days
from the date of executing any process for enforcement of the decision or
within such further period as the Gram Panchayat may for sufficient cause
allow, apply orally or in writing to the Gram Panchayat, to set aside the
order; and the Gram Panchayat, if satisfied that the defendant did not receive
due notice of the hearing or was prevented from appearing by any sufficient
cause or was not intentionally evading service of summons, shall act aside the
decision and shall appoint a day for proceeding with the suit, but no such
order shall be passed without notice to the opposite party.
(3) A
fee of one rupee shall be paid on every application under sub-section (2) for
setting aside an ex parte decision.
69.
Final decision. (1) At the conclusion of the trial, the
Gram Panchayat shall pass a decree in writing with or without costs of the
suits in such forms as the State Government may by rules prescribe and shall
enter particulars of the decision in register of suits.
(2) If
any money is paid over or if any property is transferred in the presence of
Gram Panchayat in satisfaction of a decree it shall enter the Payment or the
transfer in the register of suits.
(3) A
decree passed by a Gram Panchayat shall be executed by It In sue Manner as may
be prescribed and If the Gram Panchayat finds any difficulty in executing a
decree, it may forward the decree to the civil or revenue court having
jurisdiction and such court shall thereupon proceed to execute the decree as if
it were a decree passed by itself.
70.
Supervision. The District Judge in respect of civil suits or the Collector
in respect of revenue suits may of his own motion or on an application of the
party aggrieved set aside or modify any decree or order made by a Gram
Panchayat in civil or revenue suit or direct the retrial of the suit by the
same or any other Gram Panchayat of competent jurisdiction or by any other
court subordinate to him if he is satisfied that there has been a failure of
justice whether on a point of fact or point of law.
71.
Supervisions of the Code of Criminal Procedure, 1973, and the Code of Civil
Procedure, 1908 to apply only where provided. (1) The Provisions of the Code
of Criminal Procedure, 1973, the Code of Civil Procedure, 1908, and of the
Indian Evidence Act, 1972, shall not apply to proceedings before Gram
Panchayats save to the extent mentioned in this Act, but the Gram Panchayat may
ascertain the facts of any criminal case or civil or revenue suit by all
legitimate means in its power and thereafter ass such order, sentence or decree
as may be in accordance with justice, equity and good conscience.
(2)
Every Gram Panchayat shall maintain a brief memorandum of Proceedings of each
case tried by it.
(3) All
orders, sentences and decrees shall be passed in accordance with the decision
of the majority of the members present and voting:
Provided
that in the case of equality of votes, person, presiding at such meeting shall
in addition to his own vote as a member, have a second or casting vote.
(4) All
orders, sentences and decrees passed under sub-section (1) shall be announced
In an open meeting of the Gram Panchayat by the person presiding at such
meeting and decision shall be recorded and it shall be duly signed by an the
members of the Gram Panchayat attending the meeting:
Provided
that any member not concurring in the decision may record the dissenting note
which will form part of the decision.
72. Bar
to Personal interests. (1) No Sarpanch or Panch of a Gram
Panchayat shall take part in any case, suit or proceeding to which he or his
employer, employee or partner in business or near relative is a party or in
which any of them may be personally interested.
(2) If
by reason of the number of Panches disqualified under sub-section (1) there
remains no quorum the Gram Panchayat shall send the case or he suit to the
Chief Judicial Magistrate or the District Judge or the Collector having
jurisdiction, as the case may be, for disposal in accordance with law.
73.
Compromise and decision on oath. (1) Notwithstanding anything
contained in this Act or any other law for the time being in force, it shall be
lawful for the Gram Panchayat to allow any criminal case to be compounded or to
decide any suit within its jurisdiction in accordance with any lawful and valid
compromise agreed upon between the parties.
2) The
provisions of the Oaths Act, 1969 shall apply to judicial proceedings before a
Gram Panchayat.
74. Bar
to legal practitioners. Notwithstanding anything contained in the
Legal Practitioners Act, 1879, no legal practitioner shall be permitted to
appear, plead or act before a Gram Panchayat for any party in any judicial
proceedings under this Act.
75.
Appearance of agents. (1) A woman or any other person specially
permitted by a Gram Panchayat, being a party to any judicial proceedings before
it may appear through an agent authorized in this behalf.
(2) For
the purposes of this section agent shall not include any legal practitioner
or any person employed as a clerk to any legal practitioner or any petition
writer or tout declared as such under section 36 of the Legal Practitioners
Act, 1879.
76.
Difficulties in respect of having no jurisdiction. If at
any time, it appears to a Gram Panchayat.
(a) that it
has no jurisdiction to try a case or a suit;
(b) that a
case or a suit Is of such a nature or of such difficulties that it should be
tried by another court.
it shall, by order in writing, stating,
therein, the dates of presentation and return of the petition, direct the
complainant or the petitioner, as the case may be, to present the complaint or
petition to the proper court.
77.
Attendance witnesses. (1) A Gram Panchayat may by summons send
for any person to appear and give evidence or cause the production of any
document.
(a)
no person who is exempt from personal appearance in court under
sub- section (1) of section 133 of the Code of Civil Procedure. 1908 shall be
required to appear in person before a Gram Panchayat in a civil suit. ,
(b)
a Gram Panchayat may refuse to summon a witness or to enforce a
summons already issued against a witness, when in its opinion the attendance of
the witnesses cannot be procured without an amount of delay, expense or
inconvenience which in the circumstances would be unreasonable;
(c)
a Gram Panchayat shall not require any person living beyond its
jurisdiction to give evidence or to produce a document unless such a sum of
money be paid to him as appears to the Gram Panchayat to be sufficient to
defray his reasonable expenses;
(d)
no woman shall be compelled to appear as a witness in person
before a Gram Panchayat, she may, however, be examined on commission in the
manner prescribed; and
(e)
if a document is produced in obedience to a summons issued under
this section, the Gram Panchayat shall cause the document to be copied, mark
the copy after comparing with the original to be a true copy and return the original to the person producing the
same.
(2) If
any person, whom the Gram Panchayat summons by written order to appear or give
evidence or to produce any document before it, wilfully fails to obey such
summons, the Gram Panchayat may take cognizance of such disobedience and after
giving such person, an opportunity to explain may, on conviction sentence him
to a fine not exceeding twenty-five rupees.
78.
Processes. (1) Every summons issued by a Gram Panchayat shall be drawn up
in such form and shall be signed or sealed in such manner as may be prescribed.
(2)
When the person on whom the summons is to be served resides within its
jurisdiction such summons shall ordinarily be served by one of the Chaukidars
of the local area but the Gram Panchayat may in its discretion have it served
by any other person willing to do so.
(3) If
the accused or the defendant resides at the time of the issue of the summons
outside the local area of its jurisdiction the Gram panchayat may forward the
summons to the Gram panchayat within the local area of whose jurisdiction the
accused or the defendant resides and such Gram Panchayat shall cause it to be
served as if it were a summons issued by itself.
(4) If
the accused or the defendant resides at the time of the issue of the summons
outside the jurisdiction of a Gram Panchayat, the Gram Panchayat may, where it
is not possible to serve the summons, through another Gram Panchayat forward
the summons to the nearest Judicial Magistrate who shall cause it to he served as
if it were a summons issued by himself.
79.
Transfer application. (1) If in any criminal case or civil or revenue,
suit before a Gram Panchayat any party intimates at any stage before the
announcement of the final order or decree that he intends to make an
applications under this section to the Chief Judicial Magistrate or the
District Judge or the Collector, as the case may be, for the transfer of the
case or suit, the Gram Panchayat, shall upon his executing, if so required, a
bond without sureties of an amount not exceeding ten rupees that he will make
such application within a reasonable time to he fixed by the Gram Panchayat
which shall not be less than fifteen days, adjourn the case or suit for such a
period as will afford sufficient time for the application to be made and an
order to be obtained thereon :
Provided
that nothing herein contained shall require the Gram Panchayat to adjourn the
case or suit upon a second or subsequent intimation form the same party.
(2) If
the application be not made within the time allowed, the amount of such bond
shall be forfeited and may be recoverable by the Gram Panchayat as if it were a
fine imposed by itself.
80.
Stay of proceedings. The Chief Judicial Magistrate or the
District Judge or the Collector, as the case may be, on an application for
transfer, order a Gram Panchayat to stay the proceedings pending before it and
on receipt of such order the Gram Panchayat shall stay the proceedings.
81.
Payment by installments. A Gram Panchayat may, when imposing a fine
or ordering the payment of a sum of money or the delivery of any movable
property direct that the money be paid or the movable property by delivered by
installments
82.
Finality of decisions. (1) A Gram Panchayat shall not be competent
to cancel, revise or alter any sentence, decree or final orders passed by it in
any judicial proceedings, except ex parts decree or orders; and subject
to the provisions of sections 59 and 74 no sentence, decree or other order
passed by Gram Panchayat in judicial proceedings shall be subject to appeal, or
revision by any other court or authority.
Resjudicata. (2) The provisions of sections 10 and 11 of
the Code of Civil Procedure, 1908 and section 300 of the Code of Criminal
Procedure, 1973, shall apply to all civil, revenue and criminal proceedings
before a Gram Panchayat.
83.
Custody of money. Any sum realised by a Gram Panchayat by
way of judicial fees or of judicial fines shall be credited to the Consolidated
Fund of the State in the manner prescribed.
84. Contempt of Court- (1) The
provisions of sections 345 and 346 of the Code of Criminal Procedure, 1973, shall
apply to judicial proceedings under this Act;
Provided
that the fine imposed for contempt of court shall not exceed one hundred
rupees.
(2) The
provisions of sections 299, 452 and 456 of the Code of Criminal Procedure,
1973, shall apply to criminal proceedings before a Gram Panchayat and if any
order made by a Gram Panchayat in relation to section 452 and section 456 of
said Code is not complied with, the Gram Panchayat shall forward the same to
the nearest Judicial Megistrate who shall proceed to execute it as it were an
order passed by himself.
NOTES
Proceedings
before Panchayat - Applicability of Cr. P.C., C.P.C. and Evidence Act. - The
provisions of the Criminal Procedure Code, Civil Procedure Code and of the Evidence
Act, 1872, shall not apply to proceedings before Panchayats, save to the extent
mentioned in the Act but the Panchayat may ascertain the facts of any criminal
case of Civil or revenue suit by all legitimate means in its power and
thereafter pass such order sentence or decree as may be in accordance with
justice equity and good conscience.
Sentence Passed by Panchayat - Powers of MO Court. - The
order of sentence passed by a Panchayat in the exercise of criminal
jurisdiction is final subject to the supervisory jurisdiction of the district
Magistrate. This necessarily excludes the applicability of Section 439,
Criminal Procedure Code, to these proceedings and this Court has no
jurisdiction to act aside or modify any order of the Panchayat under the provisions
of this Act or under Criminal Procedure Code. High Court cannot under Section
439, Criminal Procedure Code, interfere, with the sentence or order of the
Panchayat passed in the exercise of its criminal jurisdiction. It is, however,
open to this Court to scrutinize an order of the Panchayat under Articles 226
and 227 of the Constitution of India which confer powers of supervision and
superintendence over all Courts or tribunals throughout the territories within
the jurisdiction of this Court.
PROPERTY, FUNDS, FINANCE AND ACCOUNTS OF GRAM PANCHAYATS
85.
Property of Gram Panchayat. (1) A Gram Panchayat shall have
power to acquire, hold and dispose of property and to enter into contract:
Provided that in
all cases of acquisition or disposal of immovable property by the Gram
Panchayat, it shall obtain the prior approval of the State Government.
(2)
All property within the local limits of the jurisdiction of Gram Panchayat of
the nature hereinafter in this section specified, other than property
maintained by the Central Government or the State Government or a local
authority or any other Gram Panchayat, shall vest in and belong to the Gram
Panchayat, and shall, with all other property of whatsoever nature of kind
which may become vested in the Gram Panchayat, be under its direction,
management and control, that is to say
(a)
All
common properties;
(b)
All
public streets, including the soil, stones and other materials thereof and all
drains, bridges, culverts, street, erections, materials, implements and other
things provided for such streets;
(c)
All
public channels, water courses, springs, tanks, ghats, reservoirs, cisterns,
wells, aqueducts, conduits, tunnels, pipes, pumps and other water works whether
made, laid or erected at the cost of the Gram Panchayat or otherwise, and all
bridges, buildings, engineer works, materials and things connected therewith or
appertaining thereto and also any adjacent land (not being private property)
appertaining to any public tank;
Provided that water pipes and waterworks,
connected therewith or appertaining thereto which with the consent of the Gram
Panchayat are laid or set up in any street by the owners of any mill, factory,
workshop on the like primarily for the use of their employees shall not be
deemed to be public waterworks by reason of their use by the public:
(d)
All
public sewers and rains, and all works, materials and things appertaining
thereto and other conservancy work:
Provided that for the purpose of
enlarging, deepening or otherwise repairing or maintaining any such sewer or
drain the sub-soil appertaining thereto shall also be deemed to vest in the
Gram Panchayat.
(e)
All
sewage, rubbish and offensive matter deposited on streets or collected by the
Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other
places;
(f)
All
public lamps, lamp-posts and apparatus connected therewith or appertaining
thereto; and
(g)
All
buildings erected by the Gram Panchayat and all lands and buildings or the
property transferred to the Gram Panchayat by the Central Government or the
State Government or acquired by gift, purchase or otherwise for local public
purposes.
(3) The State Government may, by
notification, exclude any street, bridge or drain from the operation of this
Act or of any specified section of this Act
Provided
that if the cost of the construction of the work had been paid from the Gram
Panchayat Fund, such work shall not be excluded from the operation of this Act
or any specified section of this Act, except after consideration of the views
of the Gram Panchayat at a meeting.
(4) The
State Government may allocate to a Gram Panchayat any public property situated
within its local jurisdiction and thereupon such property shall vest in and
come under the control of the Gram Panchayat.
86.
Gram Panchayat Fund. (1) For every Gram Panchayat there shall be
constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and
there shall be placed to the credit thereof-
(a) all
grants from Government or other local authorities;
(b) the
balance (if any) standing at the credit of the Gram Panchayat at the
commencement of this Act;
(c) the
balances and proceeds of all funds which, In the opinion of the Collector, were
or are being collected for common secular purposes of the village or villages
comprised In the Gram Sabha area;
(d) all
donations ;
(e) all
taxes duties, cesses, tolls and fees impo4ed and realised under this Act.,
(f) the
sale proceeds of all dust, dirt, dung or refuge collected by the servants of
the Gram Panchayat and dead bodies of animals not claimed by any person in
accordance with any custom or usage and the trees and other produce of the land
vested in the Gram Panchayat;
(g) income
derived from the village fisheries which are under the management of the Gram
Panchayats;
(h) income
derived from common lands vested In the Gram Panchayat under any law for the
time being in force;
(i) any
other amount to be received by the Gram Panchayat from any other source or
assigned by the Panchayat Samiti or the Zila Parishad or Government.,
(2) The
State Government shall every year assign to every Panchayat a portion of the
land revenue not being less than forty percentum of the total annual land
revenue realizable within the limits of the Gram Sabha area which shall be
credited to the Gram Panchayat Fund.
(3) Every
Gram Panchayat shall set apart and apply annually such sum as may be required
to meet
(a) the
cost of its own administration including the payment of salary allowances,
provident fund and gratuity to the officers and employees and to the secretary:
Provided
that the total expenditure on establishment shall not exceed one-third of the
total expenditure of the Gram Panchayat in any year;
(b) every
Gram Panchayat shall have the power to spend such sums as it thinks fit for
carrying out the purposes of this Act;
(c) the
Gram Panchayat Fund shall be vested in the Gram panchayat and the balance to
the credit of the Fund shall be kept deposited with a Scheduled Bank.
87.
Custody and maintenance of Gram Panchayat records properties (1) The
Sarpanch and in his absence the Panch authorised by the Gram Panchayat or by
the Block Development and Panchayat Officer in this behalf shall be responsible
for the safe custody of the movable property of the Gram Panchayat and such of
its records as may be prescribed and immovable property belonging to or vested
in the Gram Panchayat shall also remain in his charge.
(2) The
Panchayat Secretary shaft be responsible to maintain up-to-date all the record
of the Gram Panchayat in the custody of the Sarpanch or the Panch an under section
(1).
(3) The
Sarpanch or Panch, as the case may be shall before filing of his nomination
papers for election or on vacation of his office due to any cause whatsoever
shall handover complete charge of such record and property to the Block
Development and Panchayat Officer.
(4) If
the Sarpanch or the Panch fails to hand over such records or property as
specified in sub-section (1) within the period as may be prescribed, the Block
Development and Panchayat Officer may apply to an Executive Magistrate within
whose jurisdiction the Gram Sabha area is situated for securing from such
Sarpanch or Panch such records or property, as the case may be.
(5) On
receipt of an application under sub-section (4), the Executive Magistrate may,
by an order, authorise any police officer not below the rank of a Sub-inspector
to enter and search any place where such records or property are kept or are
believed to be kept, and to seize them and the records and property so seized
shall be handed over as soon as possible to the Block Development and Panchayat
Officer concerned.
(6)
Notwithstanding anything contained in this Act, whoever, in contravention of
the provisions of this section willfully evades the handing over of such record
or property shall, on conviction by Judicial Magistrate of the first class be
punishable with imprisonment either description which may extend to three years
or with fine or with both.
88.
Taxation measures by Gram Panchayat. (1) Subject to any rules as
any be made under the Act or any other order made by the State Government In
this behalf the Gram Panchayat shall impose-
(a) tax on
lands and buildings within the local limits;
(b) on
professions, trades, callings and employments other than agriculture carried on
or held within the local limits of its jurisdiction, a tax on the basis of the
total annual income accrued from such professions, trades, callings and
employments.
(2)
Subject to such rules as may he made in this behalf a Gram Panchayat shall levy
a duty in the shape of an additional stamp duty on all payments for admission
to any entertainment.
(3) The
State Government may impose a duty on transfers of property in the form of
surcharge on the duty imposed by or under the Indian Stamp Act, 1899, on
instruments of sale, gift and mortgage with possession of immovable property
situated in the Gram Sabha area at such rate as may be fixed by the State
Government not exceeding two percentum on as the case may be, the amount of
consideration the value of the property or the amount secured by the mortgage,
w set forth In the Instrument and the amount so collected shall be passed on to
the Gram Panchayat.
(4)
Subject to such maximum rates w the State Government may prescribe, a Gram
Panchayat may levy the following fees and rates, namely: -
(a) fees on
the registration of vehicles;
(b) a fee
for providing sanitary arrangements at such places of worship or pilgrimage,
fairs and meals within its jurisdiction as may be specified by the State
Government by notification.
(c) A Water
rate, where arrangement for the supply of water for drinking, irrigation or any
other purpose is made by the Gram Panchayat within its jurisdiction;
(d) A
lighting rate, where arrangement for lighting of public streets and places is
made by the Gram Panchayat within its jurisdiction;
(e) a conservancy
rate, where arrangement for clearing private latrines, urinals and cesspools is
made by the Gram Panchayat within its jurisdiction:
89. Financial
assistance to Gram Panchayats. Every Gram Panchayat shall on the
recommendation of the State Finance Commission constituted under Article 343-1
of the Constitution of India or otherwise, shall be entitled to receive
grant-in-aid from the Consolidated Fund of the State as soon as re-
appropriation is made by law in this behalf.
90.
Power to exempt from taxes and to write off irrecoverable amounts. Subject
to such restriction and conditions as may be prescribed, a Gram Panchayat may
write off any tax, fee or other amount whatsoever, due to it, whether under a
contract or otherwise or any sum payable in connection therewith, if in its
opinion, such tax, fee, amount or sum is irrecoverable.
91. Expenses of Gram Panchayats. All expenses of the Gram Panchayat shall be charged to the Gram Fund.
92.
Recovery of dues as arrears of revenue. The Collector shall recover
any sum due under this Act, other than sums due under decree passed by the
Panchayat in exercise of its Civil jurisdiction or as fine imposed in the
exercise of its criminal jurisdiction, as if they were arrears of land revenue.
93.
Power of Gram Panchayat to borrow. With the sanction of the State
Government, and subject to such conditions as may be prescribed, a Gram
Panchayat may borrow money for carrying out of any of the purposes of this Act.
94.
Special tax and Community Service. A Gram Panchayat may, with the
previous permission of the Director, impose a special tax on the adult male
members of the Gram Sabha area for the construction of any public work of
general utility for the inhabitants of the said Area:
Provided
that it may exempt any member from Panchayat of this tax in lieu of doing
voluntary labour or having it done by another person on his behalf:
Provided
further, that In the case of emergency manual labour may be compulsorily
imposed without payment and if person does not perform such labour without
sufficient cause he shall be liable to be punished with a fine which may extend
to fifty rupees.
95.
Budget of Gram Panchayat. (1) Every Gram Panchayat shall, at such
time and in such manner as may be prescribed, prepare in each year a budget of
its estimated receipts and disbursements for the following year and shall
submit the budget to the Panchayat Samiti having jurisdiction over the area of
the Gram Panchayat.
(2) The
Panchayat Samiti may, within such time as may be prescribed, either approve the
budget or return it to the Gram Panchayat for such modification as it may
direct and on such modification being made the budget shall be resubmitted
within such time as may be prescribed for approval of the Panchayat Samiti.
(3) No
expenditure shall be incurred unless the budget is approved by the Panchayat
Samiti and if the Panchayat Samiti fails to convey its approval within the time
prescribed for the purpose, the budget will be deemed to have been approved by
the Panchayat Samiti.
96.
Accounts of Gram Panchayat. Accounts of the income and
expenditure of every Gram Panchayat shall be kept in such form and manner as
may be prescribed.
97.
Audit of Accounts of Gram Panchayats. (1) The audit of the accounts
of a Gram Panchayat shall he carried out by the authority as may be prescribed
by the State Government and a copy of the audit report shall be forwarded to
the Gram Panchayat within one month of the completion of the audit.
(2) On
receipt of the audit report referred to in sub-section (1), the Gram Panchayat
shall either remedy the defects or Irregularities which have been, pointed out
In the audit and send to the Panchayat Samiti within three months an initiation
of its having done so or shall, within the said period, supply any further
explanation to the prescribed authority In regard to such defects or
irregularities as it may wish to give.
CONSTITUTION
OF PANCHAYAT SAMITIS AND CONDUCT OF THEIR BUSINESS
98.
Establishment of Panchayat Samitt. (1) The State Government, by
notification, direct that, with effect from such date as may be specified in
the notification, there shall be constituted a Panchayat Samiti for every Block
in a District.
(2) The
Panchayat Samiti constituted under sub-section (1) shall save as otherwise
provided in this Act have jurisdiction over the entire Block area excluding
such portion of the Block area as is included in a Municipality or is under the
authority of a Municipal Corporation, a Cantonment Board or a Notified Area
Committee constituted under any law for the tone being in force:
Provided
that a Panchayat Samiti may have its office in any area comprised within the
excluded portion of the Block and in such area may exercise its powers and
function over the property and institutions under its ownership control or
management :
Provided
further that the Panchayat Samiti already constituted under the Punjab
Panchayat Samitis and Zila Parishads Act, 1961 shall be deemed to have been
constituted under this Act.
(3) Every Panchayat Samiti shall,
by the name of the Block for which it is constituted, be a body corporate
having perpetual succession and a common seal and subject to such restrictions
as are imposed by or under this Act or any other law, shall be vested with the
powers of suing or being sued in its corporate name, or acquiring, holding
land, transferring property, movable or immovable, whether without or within
the limits of the area over which it has authority, or entering into contracts
and of doing all over which it has authority, or entering into contracts and of
doing all things, necessary, proper and expedient of the purpose, for which it
is constituted.
(4) When
Panchayat Samiti is constituted for a Block under sub-section (1), and the
Block is re-delimited, the State Government shall reconstitute a Panchayat
Samiti for the re-delimited Block, under that sub-section.
99. Composition of Panchayat Samitis. (1) Every Panchayat Samiti shall
consist of-
(a) six to
ten directly elected members from territorial constituencies in the Pachauyat
Samiti area as may be determined under section 98 of this Act and notified by
the State Government so far as practicable, having regard to the uniformity of
population of each constituency;
(b) Representatives
of the Sarpanches directly elected by them from amongst the Sarpanches of the
Gram Panchayats in the Panchayat Samiti area:
(c) Members
of the Legislative Assembly of the State of Punjab Major portion of whose
constituency falls in the Panchayat Samiti area;
(d) Members
of the Legislative Council of the State of Punjab of any, who are registered as
electors within the Panchayat Samiti area.
(2) The members of the Panchayat Samiti whether
or not chosen by direct election form territorial constituencies in the
Panchayat Samiti shall have the right to vote on the meetings of the Panchayat
Samiti except for election and removal of its Chairman or Vice-Chairman.
100.
Determination of number of directly elected members of Panchayat Samitis.
Subject to the provisions section 99, the number of directly elected members of
a Panchayat Samiti shall consist of persons directly elected from the
territorial constituencies in the Panchayat Samiti area as may be notified from
time to time by the State Government at the rate of one member of every fifteen
thousand population or part thereof of the Panchayat Samiti area:
Provided
that in a Panchayat Samiti having a population of not exceeding ninety thousand
there shall be a minimum of six directly elected members and in a Panchayat
Samiti having a population of more than one lakh and fifty thousands the number
of such members shall not exceed ten:
Provided
further that the population of each territorial constituency shall, so far as
practicable, be the same throughout the Panchayat Samiti area.
101.
Delimitation of Territorial constituencies. (1) Subject to the provisions of sub-section (2), the State
Government shall, be notification: -
(a)
divide the every Panchayat Samiti area for the purpose of
election to such Panchayat Samiti into as many single member territorial
constituencies as the number of members to be directly elected under section
99;
(b)
determine the extent of each territorial constituency; and
(c)
determine the territorial constituency or constituencies in
which seats are reserved for the Scheduled Castes, Backward Classes and Women.
(2) Each Panchayat Samiti area shall be divided
into territorial constituencies in such a manner that the ratio between the
population of these constituencies and the number of seats allotted to it
shall, so far as practicable, be the same throughout the Panchayat Samiti area.
102. Reservation of seats of
Panchayat Samitis. Seats
shall be reserved for
(a)
the
Scheduled Castes; and
(b)
the
Backward Classes;
in every Panchayat Samiti and the number of seats so reserved for Scheduled Castes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat Samiti as the population of the Scheduled Castes in that Panchayat Samiti area bears to the total population of that Panchayat Samiti area and such seats may be allotted by the rotation to different constituencies in a Panchayat Samiti.
(2) Not less that one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes.
(3) Not less than 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 Samiti shall be reserved for women and such seats may be allotted by the rotation to different constituencies in the Panchayat Samiti area.
(4) One seat shall be reserved for Backward Classes in a Panchayat samiti in which the population of Backward Classes is not less than twenty per cent of the total population of the Panchayat Samiti area..
103. Duration of Panchayat Samiti. (1) Every Panchayat Samiti, save as otherwise provided in this Act, shall continue for a term of five years from the date appointed for its first meeting referred to in section 116 and no longer.
(2) No amendment of any law for the time being on force shall have the effect of causing dissolution of Panchayat Samiti which is functioning immediately before such amendment, till the expiration of duration specified in sub-section (1).
(3) The election to constitute a Panchayat Samiti shall be completed: -
(a) before the expiry of its duration specified in sub-section (1);
(b) in case of dissolution, 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 Samiti 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 Samiti for such period.
(4) Panchayat Samiti constituted upon the dissolution of a Panchayat Samiti before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Panchayat Samiti would have continued under sub-section (1) had it not been dissolved.