Chapter 6 Chapter 6

पंचायतों के कृत्य

Functions of Gram Panchayat. — It shall be the duty of the Gram Panchayat to make provision for the following matters within the limits of the Gram Panchayat fund, namely: —

1. (1) to
2. (17) [Omitted]
3. (18) the establishment, management and regulation of markets and public fairs other than public markets and public fairs;
4. (19) to
5. (29) [Omitted] Provided that where any such functions are delegated to the Gram Panchayat, it shall act as an agent of the State Government, Zila Panchayat or Janpad Panchayat, as the case may be, and the necessary funds and other assistance for the performance of such functions shall be provided by the State Government, Zila Panchayat or Janpad Panchayat, as the case may be.

Functions of Janpad Panchayat —

1. (1) Subject to the provisions of this Act and the rules made thereunder and such general or special orders as may be issued by the State Government from time to time, it shall be the duty of the Janpad Panchayat to make reasonable provision for the following matters within the Block, in so far as the Janpad Panchayat fund allows :—
   • (a) Integrated Rural Development, Agriculture, Social Forestry, Animal Husbandry and Fisheries, Health and Sanitation, Adult Education, Communication and Public Works, Co-operation, Cottage Industries, Women & Youth Welfare, Welfare of the disabled and destitute and Welfare of the backward classes, Family Planning and Sports and Rural Employment Programmes;
   • (b) Providing emergency relief in cases of fire, flood, drought, earthquake, epidemic, locusts and other natural calamities;
   • (c) Arrangement in connection with local pilgrimages and festivals;
   • (d) Management of public ferries;
   • (e) Management of public markets, public fairs and exhibitions; and
   • (f) Any other function, with the approval of State Government or Zila Panchayat. (1-a) Subject to the provisions of this Act and the rules made thereunder and such policies, directions, instructions, general or special orders as may be issued by the State Government from time to time, it shall be the duty of the Janpad Panchayat —
   • (one) To prepare annual plans for economic development and social justice of the Panchayat area and to submit them to the Zila Panchayat within the prescribed time for inclusion in the Zila Panchayat plan;
   • (two) to [omit]; (three) to prepare the plans for works and development schemes to be taken up from the Janpad Panchayat fund;
   • (four) to take up regional plans and infrastructural development within the Janpad Panchayat;
   • (five) to approve the works of development schemes from the Panchayat fund, to supervise, monitor and manage them and to spend from the Panchayat fund for this purpose;
   • (six) to ensure the execution of such schemes, works, programmes and projects which are entrusted to the Panchayats by Central or State Government or Zila Panchayat as per law; (seven) to implement, execute, supervise, monitor and manage such works, schemes, programmes and projects as are transferred to the Panchayats by the State Government, through Gram Panchayat or through implementing agencies; (eight) to recommend to Zila Panchayats for consideration of such works of schemes which can be started in the block by the Zila Panchayat and to indicate the extent to which local resources can be available for such works or schemes;
   • (nine) to establish coordination between Gram Panchayats within the block and guide them;
   • (ten) to ensure execution of such plans, projects, schemes or other works which are common to two or more Gram Panchayats in the block; (eleven) in respect of transferred schemes, works and projects, re-allocate the funds made available by the Central or State Government or Zila Panchayat to the Gram Panchayat as per the norms prescribed by the Central or State Government or Zila Panchayat, as the case may be; (twelve) to take all necessary steps to mobilize resources by exercising the powers entrusted by law or by Central or State Government; (thirteen) to exercise such other powers and perform such other functions as may be entrusted to it by the State Government.
2. (2) The Janpad Panchayat shall control and supervise the administration of the Community Development Block or Tribal Development Block, as the case may be, within its jurisdiction and the execution of the functions and schemes entrusted by the State Government to such blocks shall be done by the Janpad Panchayat under the superintendence, direction and control of the Janpad Panchayat in accordance with such instructions as may be issued by the State Government from time to time.

Delegation of certain functions of State Government to Janpad Panchayat or Zila Panchayat —

1. (1) The State Government may entrust to the Janpad Panchayat or Zila Panchayat any function in respect of any matter to which the executive power of the State Government extends or in respect of functions which have been entrusted to the State Government by the Central Government and the Janpad Panchayat or Zila Panchayat shall be bound to perform such functions and shall have the necessary powers for performing such functions.
2. (2) Where functions are entrusted to the Janpad Panchayat or Zila Panchayat under sub-section (1), the Janpad Panchayat or Zila Panchayat shall act as an agent of the State Government in performing those functions.
3. (3) The Janpad Panchayat or Zila Panchayat shall be paid such amount by the State Government as may be considered necessary for the performance of the functions entrusted to the Janpad Panchayat or Zila Panchayat under this section.
4. (4) The Janpad Panchayat or Zila Panchayat, for the purpose of performing those functions entrusted to it under this section, shall remain under the general control of the State Government or any other authority appointed by it and shall comply with such instructions as may be issued to it from time to time.

Functions of Zila Panchayat —

1. (1) The Zila Panchayat shall perform the functions specified in Schedule-IV: Provided that where any functions have been assigned to the Zila Panchayat, it shall act as an agent of the State Government and funds and other assistance necessary for the performance of such functions shall be provided by the State Government.
2. (2) The Zila Panchayat may also perform such other functions as may be entrusted to it by the State Government from time to time.

Power of State Government in relation to functions of Panchayats — (1)

1. (a) Subject to such conditions as may be specified by the State Government by general or special order, the Panchayats shall have such powers and authority at the appropriate level as may be necessary to enable them to function as institutions of self-government in relation to the matters listed in Schedule-IV, including the preparation of plans for economic development and social justice and the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule to the Constitution of India and implementation of schemes entrusted to them by the State Government under Section 49, 49-A, 50, 52 and Chapter 14-A.
2. (b) The State Government may, by notification, confer such powers and responsibilities upon Panchayats at the appropriate level for the selection, recruitment, and management of staff structure (staffing pattern) approved by the State Government and other conditions as it may deem fit for the effective implementation of schemes.

1. (2) The State Government may, by general or special order, add to the functions of the Panchayats or withdraw the functions and duties assigned to such Panchayats. Where the State Government takes over the performance of any functions assigned to a Panchayat, the Panchayat shall not be responsible for such functions until the State Government re-assigns such functions to the Panchayat.

Powers of Gram Panchayat in respect of public health, facilities and safety — Subject to such rules as may be made by the State Government in this behalf, the Gram Panchayat shall have the power—

1. (one) to regulate the trade of offensive or dangerous articles;
2. (two) to remove structures and trees; (three) to maintain, sanitation, conservancy, drainage, sources of water supply;
3. (four) to regulate the use of water;
4. (five) to regulate cattle pounds;
5. (six) to regulate the establishment of workshops, factories and other industrial units; (seven) to ensure environmental control; (eight) to perform such other functions as are necessary under the provisions of this Act or rules made thereunder.

Control on erection of buildings —

1. (1) Subject to the provisions of this section, no person shall, without the written permission of the Gram Panchayat and in accordance with the bye-laws made under this Act in this behalf, erect a building or make any alteration or addition to an existing building or reconstruct a building. If the permission is not refused by the Gram Panchayat within forty-five days from the date of receipt of the application, it shall be deemed to have been granted.
2. (2) If any person, without the permission of the Gram Panchayat, and contrary to any conditions, subject to which the permission was granted, erects a building, makes any alteration or addition or reconstructs it, the Gram Panchayat may, by written notice, direct such person to stop such erection, alteration, addition or reconstruction and may, within the time specified in the notice, direct him to alter or demolish such erection, alteration, addition or reconstruction as it may deem necessary in the public interest.
3. (3) If any person fails to comply with the directions contained in the notice served by the Gram Panchayat under sub-section
4. (2) within the period specified in the notice, the Gram Panchayat may itself get the action, which the person was required to take, carried out at the expense of such person and such expenses shall be paid by such person within thirty days from the date on which the demand notice was served by the Gram Panchayat. On failure to pay the expenses within the specified period, the same shall be recovered as arrears of land revenue. (3-a) Notwithstanding anything contained in sub-section (3), whoever contravenes any of the provisions of this section or rules or bye-laws made thereunder or the conditions of the permission granted by the Gram Panchayat or fails to comply with any lawful directions or requisitions made under any of the foregoing provisions, may be prosecuted by the Gram Panchayat or by an officer authorized by the State Government in this behalf and on conviction shall be punished with simple imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both, and in case of a continuing offence, with a further fine which may extend to two hundred fifty rupees for every day, after the date of first conviction, during which the offence continues.
5. (4) An appeal against any order or notice of the Gram Panchayat under sub-section
6. (2) may be made to the prescribed authority and the decision of the prescribed authority on such appeal shall be final.

("Obstruction, impediment or encroachment on public streets and open spaces") Section 56. Obstruction, impediment or encroachment on public streets and open spaces —

1. (1) Whoever, within the Gram Panchayat area, on any public street or open spaces or on any drain situated on such street —
   • (a) builds or sets up any wall, fence, bungalow, pillar, stall, veranda, platform, chair, stairs or any other structure; or
   • (b) without the written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission, builds or sets up any veranda, chhajja, room or any other structure in such a way that it projects or hangs over any public street or on any drain situated on such street; or
   • (c) illegally removes earth, sand or any other material from any site; or
   • (d) by unauthorisedly cultivating any grazing land or any other land, creates any obstruction, impediment or encroachment; shall on conviction be punishable with fine which may extend to one thousand rupees and in the case of a continuing offence with further fine which may extend to twenty rupees for every day during which such encroachment, obstruction continues or the projecting part remains after the date of first conviction.
2. (2) Notwithstanding anything contained in sub-section (1), the Gram Panchayat shall have the power to remove any such obstruction or encroachment and to remove any crop unauthorisedly grown on grazing land or any other land which is not private property. It shall have similar power to remove any such unauthorised obstruction or encroachment or projecting part on any open site which is not private property whether such site vests in the Gram Panchayat or not, and the expenses incurred in such removal shall be paid by the person who has made the said encroachment and on failure to pay the expenses, such expenses shall be recoverable from such person as arrears of land revenue: Provided that, notwithstanding anything contained in sub-section
3. (1) and this sub-section, if the Gram Panchayat resolves to remove any obstruction, impediment or encroachment from any land vesting in the State Government, it may notify the Tehsildar to remove such obstruction, impediment or encroachment from such land and the Tehsildar shall take action under the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).
4. (3) The Gram Panchayat, notwithstanding anything contained in this section, may on the occasions of festivals and functions, for a period not exceeding ten days, grant permission in such manner as not to cause inconvenience to the public or any individual, for the temporary occupation or any construction or projecting part on any public place in accordance with the bye-laws made under this Act.
5. (4) The Gram Panchayat shall not pass any order in exercise of powers conferred under this section unless a reasonable opportunity of being heard has been given to the person concerned.

("Power to name streets and number of buildings") Section 57. Power to name streets and number of buildings — The Gram Panchayat may give a name to any street and may also put a number on any building and may also change such names of streets and numbers of buildings from time to time.

Regulation of markets or fairs -

1. (1) Notwithstanding anything contained in the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973), no person other than the Gram Panchayat shall hold a place for the purpose of a market or fair within the Gram Panchayat area or establish or use the same: Provided that the State Government, by notification, may declare a market or fair to be a public market or public fair and such market or fair so declared shall vest in the Janpad Panchayat.
2. (2) The State Government may make rules for the regulation of markets or fairs specified in sub-section (1).

Power of Janpad Panchayat to divert, stop or close streets - A Janpad Panchayat may, with the approval of the prescribed authority, divert, stop, or close a street which is under its control and administration or is vested in it.

Encroachment on roads and lands vested in Janpad Panchayat. —

1. (1) Whoever makes any encroachment on any road, path, land, building or structure vested in Janpad Panchayat or causes any obstruction, shall, on conviction, be punished with fine which may extend to one thousand rupees.
2. (2) The Chief Executive Officer shall have the power to remove such obstruction or encroachment and the expenses incurred for such removal shall be paid by the person who has caused such obstruction or encroachment and if not paid shall be recovered as arrears of land revenue: Provided that the Chief Executive Officer before taking action for removal of such obstruction or encroachment may, by written notice, require the person who has caused such obstruction or encroachment to remove it within the time specified in the notice or to show cause why it should not be removed.
3. (3) Nothing in this section shall debar a Janpad Panchayat from granting permission for temporary occupation of such places on the occasion of festivals and occasions for such period as it may deem proper in such manner as not to cause inconvenience to the public or any person.

Power to compromise. — A Panchayat may, with the previous approval of the prescribed authority, compromise in respect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into under this Act, on such terms as it may deem proper.