Chapter VI GENERAL AND MISCELLANEOUS (GRAM PANCHAYATS)

Power to name streets and number buildings (1) The gram panchayat may, in the manner prescribed, cause a name to be given to any street and shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of such building and in a like manner, may, from time to time, cause such name or number to be altered. (2) No person shall, without lawful authority, destroy, pull down, or deface any such name or number or any number assigned to any building in any such area. (3) When a number has been affixed, the owner of the building shall be bound to maintain such number and to replace it if removed or defaced, and if he fails to do so, the prescribed authority may, by notice require him to replace it.

General provisions regarding licences and permissions (1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period, if any, for which, and the restrictions limitations and conditions subject to which the same is granted and shall be signed by the executive authority or by some person duly authorised by him in this behalf. (2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the gram panchayat: Provided that a person who is a barber, washerman, medari or kummara or other village artisan by profession shall not be liable to pay any fees in relation to the licence granted to him for the use of any place in the gram panchayat for exercising his profession or transacting his business as such. (3) Every order of the authority competent under this Act or any rule or bye-law made thereunder to pass an order refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds: Provided that every application for a licence or permission under this Act shall be disposed of within fifteen days from the date of receipt thereof or from the date of receipt of approvals or completion of other formalities prescribed failing which it shall be deemed that licence or permission is granted. (4) Subject to the special provisions regarding private markets, any licence or permission granted under this Act or any rule or bye-law made thereunder it may, at any time, after giving the persons concerned an opportunity of making a representation be suspended or revoked by the executive authority if any of the restrictions, limitations or conditions laid down in respect thereof is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law or regulation made under it, in any matter to which such licence or permission relates or if the grantee has obtained the same by misrepresentation or fraud.

(1) An appeal shall lie to the gram panchayat from,- (a) any order of the executive authority granting, refusing, suspending or revoking a licence or permission; (b) any other order of the executive authority that may be made appealable by rules made under section 268. (2) A second appeal shall lie from the decision of the gram panchayat passed in an appeal under sub-section (1) to such authority as may be prescribed whose decision thereon shall be final.

In any case in which no time is fixed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal shall, subject to the provisions of section 5 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) be presented within thirty days after the date of receipt of the order from which the appeal is preferred.

Government and Market Committees not to obtain licences and permissions Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye-law or regulation in respect of any place in the occupation or under the control of the State or Central Government or of a Mandal Praja Parishad or Zilla Prishad or of a Market committee constituted under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (Act 16 of 1966) or in respect of any property of the State or Central Government or of any property belonging to such Mandal Praja Parishad or Zilla Praja Parishad or Market Committee.

Time for complying with notice, order etc., and power to enforce in default (1) Whenever by any notice, requisition or order under this Act, or under any rule, bye-law or regulation made thereunder, any person is required to execute any work to take any measures or to do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done. (2) If such notice, requisition or order is not complied with within the times so named- (a) the executive authority may cause such work to be executed or may take any measures or do anything which may in his opinion be necessary for giving due effect to the notice, requisition or order and all expenses thereby incurred by the gram panchayat shall be paid by the person or persons upon whom a notice was served and shall be recoverable in the manner hereinafter provided; and further (b) if no penalty has been specially provided, in this Act for failure to comply with such notice, requisition or order the said person shall be punishable with fine not exceeding fifty rupees for every such offence.

Powers of entry and inspection (1) Subject to such restrictions and conditions as may be prescribed the executive authority or any person authorised by him may, between sunrise and sunset on any day enter any place building or land with or without notice and with or without assistants or workmen in order to make an inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorised by the provisions of the Act or of any rule, bye-law, regulation or order made under it or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions. (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under sub-section (1) or the use of any force necessary for effecting an entrance under that sub-section.

The executive authority or any person authorised by him may examine and test the weights and measures used in the markets and shops in the village with a view to the prevention and punishment of offences relating to such weights and measures under chapter XIII of the Indian Penal Code (Central Act 45 of 1860).

Power to call for information from Executive Authority (1) The executive authority may, by an order in writing require the Executive Authority having jurisdiction over the gram panchayat to furnish him information on any matter falling within such categories as may be prescribed in respect of villages within his jurisdiction or any part thereof or any person or property therein and such Executive Authority shall comply with such order. (2) The order shall specify the period within which it may be complied with but the executive authority may, from time to time, extend such period.

Limitation for recovery of dues No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any tax or other amount due to a gram panchayat under this Act or any rule, bye-law, regulation or order made under it after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced as the case may be in respect of such tax or amount.

Persons empowered to prosecute Save as otherwise expressly provided in this Act, no person shall be tried for any offence against this Act or any rule or bye-law made thereunder, unless complaint is made within twelve months of the commission of the offence by the police the executive authority or person expressly authorised in this behalf by the gram panchayat or executive authority: Provided that failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section be deemed a continuing offence until the expiration of the period if any, for which the licence, permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.

Power to compound offences (1) The executive authority may, subject to such restrictions and control, as may be prescribed compound for a sum not exceeding Rs. 500, any offence against the provisions of this Act or any rule or bye-law made thereunder, which may by rules, be declared compoundable. (2) On payment of the amount by way of composition no further proceedings shall be taken or continued against the defaulter in regard to the offence or alleged offence so compounded. (3) Nothing in this section shall apply to election offences.

Prosecutions and compositions to be reported to Gram Panchayat Every prosecution instituted or offence compounded by the executive authority shall be reported by him to the gram panchayat at its next meeting.

Notice of action against Gram Pranchayat (1) Subject to the provisions of section 138, no suit or other legal proceeding shall be brought against any Gram Panchayat or the Sarpanch or the executive authority or any member, officer or servant of such Gram Panchayat or against any person acting under the direction of such Gram Panchayat, Sarpanch, executive authority, member, officer or servant, in respect of any act done or purporting to be done under this Act or in respect of any alleged neglect or default in the execution of the provisions of this Act or any rule, bye-law, regulation or order made under it, until the expiration of two months next after notice in writing stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended

Every Police Officer in whose jurisdiction the village is situated, shall be bound to assist the gram panchayat and its officers and servants in the exercise of their lawful authority.

Wrongful restraint of Executive Authority or his delegates Any person who prevents the executive authority or any person to whom the executive authority has lawfully delegated his powers of entering on or into any place, building or land, from exercising his lawful power of entering thereon or thereinto shall be deemed to have committed an offence under section 344 of the Indian Penal Code (Central Act 45 of 1860).

Punishment for obstructing Gram Panchayat Whoever obstructs a gram panchayat or the Sarpanch, the executive authority or a member of the gram panchayat or any person employed by the gram panchayat or any person with whom it has contracted in the performance of its duty under the provisions of this Act or of any rule made thereunder, or prevents or tries to prevent any person from doing anything which he is empowered or required to do, by virtue of this Act, or removes any mark set up for the purpose of indicating any level or direction incidental to the carrying out of any work authorised by this Act, or removes, destroys, or defaces or otherwise obliterates any notice put up or exhibited by the gram panchayat or under its authority, shall be liable on conviction to a fine not exceeding fifty rupees.

Penalty for not giving information or giving false information Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who omits to furnish such information or knowingly furnishes false information shall be punishable with fine not exceeding ten rupees.

Special provisions in the case of new Gram Panchayats (1) Notwithstanding anything in this Act, when a local area is notified as a village under section 3, for the first time, the Commissioner shall appoint a special officer to exercise the powers and perform the functions of the gram panchayat and its Sarpanch and executive authority until the members and Sarpanch thereof who are duly elected assume office. (2) The special officer shall cause arrangements for the election of the members of the gram panchayat to be made before such date as may be fixed by the Commissioner in this behalf: Provided that the Commissioner may, from time to time, postpone the date so fixed, if for any reason, the elections cannot be completed before such date. (3) The Government, or as the case may be, an officer authorised by the Government, shall appoint a special officer or a person-in-charge or a committee of persons-in-charge to a Gram Panchayat, if for any reason, the process of election to such Gram Panchayat is not completed. (4) The special officer or person-in-charge or the Committee of persons-in-charge, appointed under sub-section (3) shall exercise the powers and perform the functions of the gram panchayat and its Sarpanch and executive authority until the members and Sarpanch elected thereof assume office.

All roads, markets, wells, tanks, reservoirs and water ways vested in or maintained by a gram panchayat shall be open to the use and enjoyment of all persons, irrespective of their caste and creed.

A gram panchayat shall have power to farm out the collection of any fees due to it under this Act or any rule, bye-law or regulation made thereunder, for any period not exceeding three years at a time on such condition as it thinks fit.

(1) The Commissioner may, at the request of the gram panchayat or otherwise, by notification, declare that any of the provisions of the law relating to municipalities for the time being in force or of any rule made thereunder including those relating to taxation, shall be extended to and be in force in the village or any specified area therein. (2) The provisions so notified shall be construed with such alterations not affecting the substance as may be necessary or proper for the purpose of adopting them to the village or specified area therein. (3) Without prejudice to the generality of the foregoing provision, all references to a municipal council or the Chairperson or the executive authority thereof shall be construed as references to the gram panchayat or the Sarpanch or the executive authority thereof, all references to any officer or servant of a municipal council as references to corresponding officer or servant of the gram panchayat and all references to the municipal limits as references to the limits of the village or the specified area therein, as the case may be.

Transfer of functions of Gram Panchayats to other local authorities or vice-versa Notwithstanding anything in this Act, or in any law relating to other local authorities, the Government may, in consultation with the Mandal Praja Parishad or Zilla Praja Parishad or other local authority as the case may be, and the gram panchayat concerned, by notification, and subject to such restrictions and conditions and to such control and revision as may be specified therein, direct that, - (i) any power or function vested in the gram panchayat by or under this Act, shall be transferred to and exercised and performed by the Mandal Praja Parishad or Zilla Praja Parishad or the other local authority; and (ii) any power or function vested in the Mandal Praja Parishad or Zilla Praja Parishad or the other local authority shall be transferred to and exercised and performed by the gram panchayat. Explanation: For the purposes of this section, 'local authority' includes, the Andhra Pradesh Industrial Infrastructure Corporation Limited.