Chapter II POWERS, FUNCTIONS AND PROPERTY OF GRAM PANCHAYATS

(1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a gram panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely:- (i) the construction, repair and maintenance of all buildings vested in the gram panchayat and of all public roads in the village (other than the roads vested in the Mandal Praja Parishad and Zilla Praja Parishad and the roads classified by the Government as National and State Highways) and of all bridges, culverts, road dams and causeways on such roads; (ii) the lighting of public roads and public places; (iii) the construction of drains and their maintenance and the disposal of drainage water and sullage; (iv) the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in of the disused wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village; (v) the provision of public latrines and arrangements to clean latrines, whether public or private; (vi) the opening and maintenance of cremation and burial-grounds and the disposal of unclaimed dead bodies of human beings or of animals; (vii) preventive and remedial measures connected with any epidemic or with malaria; (viii) the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works, for the supply of water for washing and bathing purposes and of protected water for drinking purposes; (ix) the conservation of manurial resources, preparation of compost and sale of manure; (x) the registration of births and deaths; (xi) the establishment and maintenance of cattle ponds; and (xii) all other matters expressly declared obligatory by or under this Act or any other law. (2) Apart from the matters specified in sub-section (1), the Government may, subject to such rules as may be made in this behalf, entrust the gram panchayats with any functions in relation to the subjects specified in Schedule-1. (3) The gram panchayats shall do resource planning at village level. (4) No suit for damages for failure or for enforcement of the duty to make provision in respect of any of the matters specified in sub-section (1) shall be maintainable against any gram panchayat, executive authority, officer or servant of the gram panchayat.

Power of Gram Panchayat to provide for certain other matters Subject to the provisions of this Act and the rules made thereunder, a gram panchayat may also make such provision as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely:- (i) the construction and maintenance of dharmashalas, sarais and rest-houses for travellors; (ii) the planting and preservation of groves and trees on the sides of roads and other public places; (iii) the promotion and development of pre-primary education, elementary education, social and health education, cottage industries and trade; (iv) the establishment and maintenance of dispensaries and the payment of subsidies to rural medical practitioners;

Subject to the provisions of this Act and the rules made thereunder, two or more gram panchayats may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be prescribed.

(1) Subject to any law for the time being in force the Government may, by notification, transfer to any gram panchayat with its consent and subject to such conditions as may be agreed upon, the management and maintenance of a forest adjacent to the village; and they may by a like notification, withdraw management and maintenance of such forest from the gram panchayat after giving an opportunity to the gram panchayat to make its representation. (2) When the management and maintenance of any forest is transferred to gram panchayat under sub-section (1), the income derived by the gram panchayat from the forest under its management and maintenance or the expenditure incurred by the gram panchayat, for such a management and maintenance shall be apportioned between the Government and the gram panchayat in such manner as the Government may, by order, determine.

Transfer to Panchayats of institutions or works (1) Subject to such rules as may be prescribed, the Government, the District Collector or the Revenue Divisional Officer, Mandal Praja Parishad or Zilla Praja Parishad or any person or body of persons, may transfer to the gram panchayat, with its consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether within or without the village, and whether provided for in this Act or not. (2) When the management of any institution is transferred to the gram panchayat under sub-section (1), all property, endowments and funds belonging thereto, shall be held by the gram panchayat in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time of such transfer.

Power of Commissioner of Land Revenue to transfer, resume control of endowments and inams (1) (a) Subject to the control of the Government, the Commissioner of Land Revenue may, by notification, make over to a gram panchayat, with its consent, the management and superintendence of any charitable endowment in respect of which powers and duties attached to the said Commissioner under the provisions of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (Act 35 of 1974) and thereupon all powers and duties attaching to the Commissioner in respect thereof shall attach to the gram panchayat as if it had been specifically named in the said Regulation or Law, and the gram panchayat shall manage and superintend such endowment. (b) The Commissioner of Land Revenue may of his own motion, and shall on a direction from the Government, by notification in the Andhra Pradesh Gazette, resume the management and superintendence of any endowment made over to a gram panchayat under clause (a) and upon such resumption, all the powers and duties attaching to the gram panchayat in respect of the endowment shall cease and determine. (2) The Government may assign to a gram panchayat with its consent a charitable inam resumed by the Government or any authority, provided that the net income from such inam can be applied exclusively to any purpose to which the funds of such gram panchayat may be applied; and may revoke any assignment so made. (3) No order of resumption under clause (b) of sub-section (1) or of revocation under sub-section (2), shall be passed unless the gram panchayat has had an opportunity of making its representation.

Limitation of power to accept donations and trusts A gram panchayat may accept donations for, or trust relating exclusively to the furtherance of any purpose to which its funds may be applied.

Maintenance of cattle pounds (1) Notwithstanding anything in the Cattle Trespass Act, 1871 (Central Act 1 of 1871) - (i) any cattle pound so transferred to a gram panchayat, or a cattle pound established by a gram panchayat under this Act, shall be maintained and controlled by the gram panchayat; (ii) a pound keeper for every cattle-pound referred to in clause (i), shall be appointed by the gram panchayat; and (iii) all sums on account of fines and surplus unclaimed sale proceeds realised under the Cattle Trespass Act, 1871 in respect of any cattle pound referred to in clause (i) shall be credited to the gram panchayat fund. (2) Subject to the provisions of sub-section (1) the provisions of the Cattle Trespass Act, 1871 shall, as far as may be, applicable to the cattle pounds referred to in clause (i) of sub-section (1).

(1) All public roads in any village, other than National Highways, State High Ways and Roads vesting in Zilla Praja Parishad or Mandal Praja Parishad shall vest in the gram panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains drainage works, tunnels and culverts, whether made at the cost of the gram panchayat fund or otherwise, in along side or under such roads, and all works, materials and things appertaining thereto: Provided that the gram panchayat shall take steps to remove encroachments on, and prevent, un-authorised use of, any road other than a National Highway passing through the gram panchayat. (2) The Government may, after giving an opportunity to the gram panchayat of making a representation by notification, exclude from the operation of this Act any such public road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification.

All rubbish, sewage, filth and other matter collected by a gram panchayat under this Act shall belong to it.

Any property or income which by custom belongs to or has been administered for the benefit of the villagers in common or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation, shall vest in the gram panchayat and be administered by it for the benefit of the villagers or holders aforesaid.

Maintenance of irrigation works, execution of kudimaramat etc. (1) (a) Subject to such conditions and control as may be prescribed, the Government may transfer to any gram panchayat the protection and maintenance of any village irrigation work, the regulation of turns of irrigation, or of distribution of water from any such irrigation work to the field depending on it. (b) Subject to such restriction and control as may be prescribed, the fishery rights in minor irrigation tanks and the right to auction weeds and reeds in such tanks and the right to plant trees on the bunds of (1) ... ... such tanks and enjoy the usufruct thereof shall vest in the gram panchayat. (2) The gram panchayat shall have power, subject to such restrictions and control as may be prescribed, to execute kudimaramat in respect of any irrigation source in the village and to levy such fee and on such basis for the purposes thereof as may be prescribed: Provided that nothing in this section shall be deemed to relieve the village community or any of its members of its or his liability under the Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858 (Central Act 1 of 1858) or any other law similar thereto for the time being in force in respect of any irrigation source in the village, in case the gram panchayat makes default in executing the kudimaramat in respect of that irrigation source.

Vesting of the management of ferries in Gram Panchayats etc (1) Notwithstanding anything in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli (Act 2 of 1314 F), the management of a public ferry in the Andhra Area, and of a Government ferry in the Telangana area other than a ferry mentioned in sub-section (2) shall vest,- (a) in the case of a ferry connecting any public road under the management of a gram panchayat and lying wholly within the jurisdiction of that gram panchayat, in such gram panchayat and in the case of a ferry connecting any public road under the management of a gram panchayat and lying within the jurisdiction of more than one gram panchayat, in a joint committee of the gram panchayats concerned; (b) in case of a ferry connecting any public road under the management of a Mandal Praja Parishad and lying wholly within the jurisdiction of that Mandal Praja Parishad in such Mandal Praja Parishad and in the case of ferry connecting any public road under the management of a Mandal Praja Parishad and lying within the jurisdiction of more than one Mandal Praja Parishad in a joint committee of the Mandal Praja Parishad concerned; (c) in the case of a ferry connecting any public road under the management of a gram panchayat or a Mandal Praja Parishad and lying partly within the jurisdiction of a municipality, in a joint committee of the gram panchayat or a Mandal Praja Parishad as the case may be, and the Municipality concerned. (2) The Government may, subject to such conditions as may be agreed upon transfer the management of any such ferry connecting a National Highway or a State Highway and lying wholly within the jurisdiction of a gram panchayat or a Mandal Praja Parishad to such gram panchayat or Mandal Praja Parishad and in case the said ferry is lying within the jurisdiction of more than one gram panchayat or Mandal Praja Parishad to the Zilla Praja Parishad concerned. (3) The constitution and powers of the procedure to be adopted by any joint committee referred to in sub-section (1) and the method of resolving any difference of opinion arising between the local authorities concerned in connection with the work of such committee shall be in accordance with such rules as may be prescribed. (4) The income realised by a Zilla Praja Parishad, Mandal Praja Parishad or a gram panchayat from any ferry under its management under sub-section (1) or sub-section (2) shall form part of its funds. The income realised by joint committee referred to in sub-section (1) or by a Zilla Praja Parishad under sub-section (2) from a ferry under its management shall be apportioned in equal shares between the local authorities concerned and the amount so apportioned shall form part of the funds of such local authorities. Explanation: For the purpose of this section, the expression 'PublicFerry' in relation to the Andhra Area, and expression 'Government Ferry' in relation to Telangana area, shall respectively have the meaning assigned to them in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana area) Ferries Act, 1314 Fasli (Act 2 of 1314 F).

(1) The following porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart-stands and topes, which are at the disposal of the Government and are not required by them for any specific purpose shall vest in the gram panchayat subject to such restrictions and control as may be prescribed. (2) The Government may, at any time by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub-section (1) shall cease to vest in the gram panchayat if it is required by them for any specific purpose and thereupon such porambokes shall vest in the Government. (3) The gram panchayat shall have power, subject to such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the disposal of the Government, if the gram panchayat is authorised in that behalf by an order of the Government. (4) The gram panchayat may, subject to such restrictions and control as may be prescribed, plant trees on any poramboke the use of which is regulated by it under sub-section (3). Explanation: If any question arises whether a land is a poramboke or not, for the purposes of this section, the question shall be referred to the Government whose decision thereon shall be final.

Any immovable property which any gram panchayat may require for the purpose of this Act or any rules made thereunder may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the gram panchayat.