The Daman and Diu Panchayat Regulation, 2012
Chapter X MISCELLANEOUS
Chapter X MISCELLANEOUS
107. The District Judge may declare any candidate
Election 103. (1 ) If the validity of any election of a member of a Gram Panchayat or District petitions . Panchayat or Sarpanch , Upa-Sarpanch , President or Vice-President is called into question by any person qualified to vote at the election to which such question relates , such person may at any time within thirty days after the date ofthe declaration ofthe results ofthe election, file petition to the District Judge in such form as maybe prescribed for the determination of such question.
- (2) Every petition under sub-section ( 1) shall be heard as expeditiously as possible and endeavour shall be made to conclude the hearing and orders passed within six months from the date on which the petition is presented to the District Judge. Procedure for 104 . ( 1) Save as otherwise provided by this Regulation or by rules made thereunder, hearing of the procedure provided in the Code ofCivil Procedure , 1909, in regard to suits shall, in so far 5 of 1908. election as it may be applicable , be followed in the hearin of election petitions . g petitions by the District Judge: Provided that-
- (a) two or more persons whose election is called in question , may be made respondents to the same petition and their cases may be tried at the same time, and any two or more election petitions may be heard together ; but so far as is consistent with such joint trial or hearing, the petition shall be deemed to be a separate petition against each respondent;
- (b) the District Judge shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case;
- (c) the District Judge may, at any stage of the proceedings require the petitioner to give security for the payment of all costs incurred or likely to be incurred by any respondent; and (d) the District Judge , for the purpose of deciding any issue , shall only be bound to require the production of or to receive so much evidence , oral or documentary, as he may consider necessary.
- (2) An order for the payment of costs , or an order for the realisation of a security bond for costs passed by the District Judge , shall be executed in the manner as if the amount to be recovered was an arrear of land revenue. Findings of 105. (1 ) If the District Judge, after making such inquiry as he thinks necessary, finds District Judge . in respect of any person whose election is called in question by a petition that his election was valid , the petition shall be dismissed against such person with cost.
- (2) If the District Judge , fords that the election of any person was invalid , he shall, by an order , either-
- (a) declare a casual vacancy to have arisen, or
- (b) declare another candidate to have been duly elected, whichever course appears , in the particular circumstances ofthe case, to be more appropriate, and in either case the District Judge may award costs at his discretion.
- (3) In the event of the District J udge declaring a casual vacancy to have arisen , he shall send a copy of the order referred to in clause ( a) of sub-section ( 2) to the Election Commission to initiate proceedings for filling the vacancy. Avoidance of 106 . ( 1) Notwithstanding anything contained in section 103, if the District Judge, in election. the course of hearing an election petition , is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question , have prevailed to such an extent as EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. 43 of 1951. to render it advisable to set aside the whole of the election proceedings
, he shall pass a
conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party to the case , calling upon such candidate to show cause why such conditional order should not be made final.
- (2) Thereupon every such candidate may appear and show cause , and may recall for the purpose of putting question to him, any witness who had appeared in the case.
- (3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Election Commission to take measures for holding fresh election proceedings.
, found to have committed any won corrupt practice , to be ineligible for being a member of a Gram Sabha or for contesting an for corrupt or dlcga! election under this Regulation or for being ap ointed or retained i ff p n any o ice or place in the
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108. Administration or any local authority for such period not exceeding five years as the District Judge may determine.
- (1) Notwithstanding anything contained in this Regulation, the,, validity of any law for the time being in force relating to delimitation of constituencies or allotment of seats to such constituencies made or purporting to be made under this Regulation shall not be called in question in, any court.
- (2) Save as otherwise provided in sections 103, 104 , 105, 106 and 107 , civil court shall have no jurisdiction to question the legality or validity of any action taken or decision given by the Election Commission or the Secretary Panchayat or the Secretary ( Election) ( Local Bodies) in connection with the conduct of election under this Regulation. 109. (1 ) If a person is elected from more than one territorial constituencies of a Gram Panchayat or ofthe District Panchayat or of both, he shall , by notice in writing signed by him and delivered to the Secretary Panchayat within fourteen days from the date , or the latter of the dates , on which he is so elected , intimate as to which constituency he wishes to serve, and thereupon , his seat in all other constituencies in which he does not wish to serve shall become vacant.
- (2) In default of such intimation within the period specified under sub-section (1), all the seats of such person , at the expiration of that period , shall become vacant.
- (3) Any intimation given under sub - section
- (1) shall be final and irrevocable.
Chapter X MISCELLANEOUS
109. (1
) If a person is elected from more than one territorial constituencies of a Gram Panchayat or ofthe District Panchayat or of both, he shall , by notice in writing signed by him and delivered to the Secretary Panchayat within fourteen days from the date , or the latter of the dates , on which he is so elected , intimate as to which constituency he wishes to serve, and thereupon , his seat in all other constituencies in which he does not wish to serve shall become vacant.
- (2) In default of such intimation within the period specified under sub-section (1), all the seats of such person , at the expiration of that period , shall become vacant.
- (3) Any intimation given under sub - section
- (1) shall be final and irrevocable.
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110. No suit or other legal proceeding shall be instituted against Gram Panchayat or
District Panchayat or any member , officer, employee or agent of such Panchayat for anything done or purporting to be done under this Regulation or any rule or bye-law made thereunder until the expiration of next two months after notice in writing has been served or delivered at the office of the Gram Panchayat or District Panchayat and also at the residence of the member, officer, employee or agent thereof against whom such suit or proceeding, as the case may be, is intended to be instituted , and the notice shall state the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the person who intends to institute the suit or proceeding: Provided that no suit or proceeding shall lie against any member , officer, employee or agent of a Gram Panchayat or a District Panchayat in respect of anything which is done or intended to be done in good faith under this Regulation or any rule or bye-law made thereunder. Bar to interference by courts in delimitation of constituencies. Prohibition of simultaneous membership. Bar of action against District Panchayat, Gram Panchayat, ctc., and previous notice before Institution. M. TheProvisions ofsections 126,127,127A , 128,129 , 130,131, 132,132A, 133, 134, Electoral 134A, 134B , 135, 135A, 135B, 135C and 136 of the Representation of the People Act, 1951 offences. shall have effect as if-
- (a) reference therein to an election were reference to an election under this Regulation;
- (b) references therein to a constituency included references to the area within the jurisdiction of a Panchayat or a ward thereof;
- (c) in sections 134 and 136 , for the words "by or under this Act " the words "by or under the Daman and Diu Panchayat Regulation , 2012" had been substituted; and
- (a) in sub-section ( 1) of section 1358, for the words " the House of the People or the Legislative Assembly of a State " the word " Panchayat" had been substituted. EXTRAORDINARY No, : 32 DATED : 17TH AUGUST, 2012. ":,f
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112. The Chief
Executive Officer may authorise any of his officers to enter in and entry. ins tOree caus t be d Members of Panchayats to be public servants. Members, etc., to refrain from taking part at sale. Powers and duties of police in respect of offences and assistance to Panchayats. Classification and preservation of records. Inspection and copies of records, Preparation of development plan. District Planning Committee. Honorarium and allowances to President, Vice-president, Sarpanch, Upa-Sarpanch and members. Power to make rules. p e o entered aninspected , any immovable property occupied by any
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113. Gram Panchayat or District Panchayat or any work in progress under direction of Gram Panchayat or District Panchayat.
Every member of a Gram Panchayat or District Panchayat and every officer and servant employed under a Gram Panchayat or District Panchayat shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
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114. No member of a Gram Panchayat or a District Panchayat or any of their
o fficers or officials having any duty to perform in connection with any sale under this Regulation shall, directly or indirectly bid for , or acquire any interest in any property sold at such sale.
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115. Every Police Officer shall give immediate information to the Secretary Panchayat
of an offence coming to his knowledge which has been committed against this Regulation or any rules or bye - laws made thereunder and shall assist all members and servants of the Gram
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116. Panchayat or District Panchayat in the exercise of their lawful authority.
Every Gram Panchayat and District Panchayat shall classify and preserve its records in the manner prescribed.
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117. Every
Gram Panchayat and District Panchayat shall on an application made to it by any person interested , allow inspection of its records and grant certified copies thereof on payment of the prescribed fee. 118. (1 ) Every Gram Panchayat shall (having due regard to the development programmes suggested by the Grain Sabha ) prepare every year a development plan and forward it to the District Panchayat before such date and in such manner as may be prescribed.
- (2) Every District Panchayat shall prepare every year a development plan after including the development plans of the Gram Panchayat and forward it to the
Chapter X MISCELLANEOUS
118. (1
) Every Gram Panchayat shall (having due regard to the development programmes suggested by the Grain Sabha ) prepare every year a development plan and forward it to the District Panchayat before such date and in such manner as may be prescribed.
- (2) Every District Panchayat shall prepare every year a development plan after including the development plans of the Gram Panchayat and forward it to the District Planning Committee as constituted under section 119.
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119. District Planning Committee as constituted under section 119.
- (1) The Administrator for the purpose of undertaking district planning shall constitute a District Planning Committee consisting of such members as may be prescribed.
- (2) The meetings and functions of the Committee referred to in sub - section ( 1) shall be such as may be prescribed.
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120. The honorarium and other perks and perquisites of Sarpanch and Upa
- Sarpanch of a Gram Panchayat and of a President and Vice - President of District Panchayat and allowances of every member of Gram Panchayat and District Panchayat shall be such as the Administrator may specify by rules made in this behalf. 121. (1) The Administrator may, subject to prior publication by notification in the Official Gazette , make rules to carry out the provisions of this Regulation.
- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- ( a) the manner in which assets and liabilities of a Gram Panchayat which has ceased to exist shall be disposed of under sub - section (3) of section 6;
- (b) authority that shall convene the meetings of the Gram Sabha under second proviso to sub-section ( 1) of section 8;
- (c) the manner of giving notice oftime and place ofineetings under subsection (4) of section 8; 45 of 1860. EXTRAORDINARY No. : 32 DATED : 17TM AUGUST, 2012. (d) manner of constituting supervisory committees under sub-section (!) of section 11;
- (e) the manner in which seats reserved for women shall be rotated amongst different constituencies under sub-section ( 5) of section 12;
- (1) the manner in which the offices of Sarpanch reserved for the Scheduled Castes , the Scheduled Tribes and women shall be rotated amongst different Gram Panchayats under sub-section ( 7) of section 12;
- (g) the manner in which the officers shall be rotated amongst Gram Panchayats under proviso to sub - section ( 9) of section 12;
- (h) manner of holding election of the members of the Panchayat and the manner of voting under section 16;
- (a) the manner of election of Upa- Sarpanch under sub-section (1) of section 17; fj) the number of officers and employees and the manner in which such officers or employees shall be appointed under sub - section ( 4) of section 25;
- (k) the terms and conditions of service and duties of Panchayat Secretary and terms and conditions of service of other officers under sub - section ( 6) of section 25;
- (1) the time and place of meetings of a Gram Panchayat and the procedure to be followed at such meetings under sub-section ( 1) of section 26;
- (m) the manner of moving resolutions and putting questions under sub-section
- (2) of section 26;
- (n) the control and restrictions subject to which a Gram Panchayat may appoint Committees under sub - section (1) of section 27;
- (o) the reasons for and the manner in which Committees may be dissolved or re- constituted under sub - section ( 2) of section 27;
- (p) the conditions subject to which the Administrator may entrust to the Gram Panchayat the functions and duties of collecting taxes , land revenue and other dues recoverable as arrears of land revenue under sub - section ( 1) of section 32;
- (q) rules subject to which the Gram Panchayat may organise a Voluntary Village Force under sub-section ( 1) of section 33;
- (r) the custody in which the Gram Fund shall be kept under sub-section (3) of section 35;
- (s) rules subject to which Gram Panchayat may levy tax under sub-section (1) of section 38;
- (t) the time and manner in which the taxes and fees shall be assessed and realised under sub-section (2) of section 38;
- (u) the procedure for lease by public auction or contract under section 41;
- (v) the form in which the demand notice shall be sent under sub-section (1) of section 42:
- (w) the manner in which a demand notice shall be served under sub-section (2) of section 42;
- (x) the form in whichaccountsshall bemaintainedunder section 43;
- (y) thetimeat which and the mannerin whichbudget shallbe prepared by the Gram Panchayat under sub-section (1) of section 44;
- (z) the period within which the District Panchayat may approve or return the budget under sub-section (2) of section 44; EXTRAORDINARY No. : 32 DATED 17T" AUGUST, 2012.
- (za) the period within which the budget has to be , re-submitte ., to the D;stric; Panchayat under sub - section ( 3) of section 44; (zb) the manner in which accounts of a Gram Panchayat shall be audited under sub-section ( 1) of section 45;
- (zc) the authority which shall carry out the audit , completion and forwarding thereof to the Chief Executive Officer and the Gram Panchayat under sub-section (2) of section 45;
- (zd) the form and manner in which roaster ofreservation according to which the office of President shall be reserved for the Scheduled Castes and the Scheduled Tribes shall be kept under sub - section ( 5) of section 61; (ze) the terms and conditions of service of the staff under sub - section
- (6) of section 68;
- (zf) framing the rules for controlling the officers and employees of the District Panchayat under clause ( c) of sub - section ( 1) of section 70;
- (zg) such other functions and powers which the Chief Executive Officer may perform and exercise under clause ( e) of sub - section( 1) of section 70;
- (zh) the time and place of meeting of the District Panchayat and the procedure to be followed at such meeting under sub-section ( 1) of section 72;
- (zi) the manner in which questions may be put and resolutions may be moved before the District Panchayat under sub-section ( 2) of section 72;
- (zj) the rules subject to which the District Panchayat may appoint members of the Standing Committees under sub-section ( 1) of section 73;
- (zk) composition and tenure of committees under sub-section
- (2) of section 73; (z1) the rules subject to which and the rates at which the District Panchayat may levy duties and fees under section 83;
- (zm) the procedure for lease by public auction or private contract under section 86;
- (zn) the form in which demand notice shall be given under sub - section (1) of section 87;
- (zo) the manner in which a notice of demand may be served under sub-section
- (2) of section 87;
- (zp) the form in which the District Panchayat shall maintain accounts of its receipts and expenditure under section 88;
- (zq) the time and manner in which budget may be prepared under sub - section (1) of section 89;
- (zr) the period within which the Secretary Panchayat may approve or return the budget under sub-section ( 2) of section 89;
- (zs) the manner in which the accounts of the District Panchayat shall be audited under sub - section (1) of section 90;
- (zt) the manner in which the annual report on administration of District Panchayat for previous year shall be prepared under section 91;
- (zu) the manner in which, the intervals at which and the officers by whom of the social audit of major works shall be carried out under sub-section ( 1) of section 92;
- (zv) the officer to whom the report of social audit shall be submitted under sub- section
- (2) of section 92; (zw) the form of oath or affirmation of the Ombudsman under sub-section (4) of section 101; EXTRAORDINARY No. 32 DATED : 17TH AUGUST, 2012.
- (a) the form in which the election petitions relating to a Gram Panchayat or District Panchayat shall be filed to the District Judge under sub-section ii) of section 103;
- (ry) the manner in which records shall be classified and preserved under section 116;
- (zz) the fee to be paid for inspection of records and grant of certified copies under section 117;
- (zza) the manner of and the date of forwarding the developmental plan under sub-section ( 1) of section 118;
- (zzb) the number of members constituting district planni ng comm ittee, conditions for undertaking district planning under sub - section (1) of section 119;
- (zzc) the meetings and functions of the committee under sub - section (2) of section 119; (zzd) the honorarium , perquisites of Sarpanch and Upa-Sarpanch of Gram Sabha and President and Vice - President ofGram Panchayat and allowances ofevery Member of Gram Panchayat and District Panchayat under section 120;
- (zze) the amount of fine for contravention and continued contravention of the bye-laws under sub - section ( 2) of section 122;
- (zzf) any other matter which is required to be or may be prescribed. 122. (1) Subject to the provisions of this Regulation and the rules made thereunder , Power to the Secretary Panchayat may, with the prior approval oftheAdministrator , frame bye - laws,-- make bye-
- (a) to prohibit the removal or use of water for drinkin laws. which is likely to cause danger to health ; g°^ from any source
- (b) to prohibit or regulate the discharge of water , waste water or effluent from any drain or premises on a public street or into a river , pond , tank, well , soi I or any other place;
- (c) to prevent damage to public streets;
- (d) to regulate sanitation , conservancy and drainage in the area of the Gram Panchayat;
- (e) to prohibit or regulate the use of public streets or other public place by shopkeepers; (/) to regulate the manner in which tanks , ponds and cess pools , pasture lands, play grounds, manure pits, land for disposal for dead bodies and bathing places shall be maintained and used;
- (g) to prohibit or discharge of any kind of effluent in any form polluting air, water and soil , etc.; and
- (h) to regularise any other duties and functions of the Gram Panchayat or District Panchayat.
- (2) Any bye-law made under sub-section ( 1) may provide that a contravention thereof shall be punishable with fine which may extend to amount prescribed and in the case of a continuing contravention with fine which may extend to amount prescribed for each day during which the contravention continues.
Chapter X MISCELLANEOUS
121. (1)
The Administrator may, subject to prior publication by notification in the Official Gazette , make rules to carry out the provisions of this Regulation.
- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- ( a) the manner in which assets and liabilities of a Gram Panchayat which has ceased to exist shall be disposed of under sub - section (3) of section 6;
- (b) authority that shall convene the meetings of the Gram Sabha under second proviso to sub-section ( 1) of section 8;
- (c) the manner of giving notice oftime and place ofineetings under subsection (4) of section 8; 45 of 1860.
- • 32 - EXTRAORDINARY No. : 32 DATED : 17TM AUGUST, 2012. (d) manner of constituting supervisory committees under sub-section (!) of section 11;
- (e) the manner in which seats reserved for women shall be rotated amongst different constituencies under sub-section ( 5) of section 12;
- (1) the manner in which the offices of Sarpanch reserved for the Scheduled Castes , the Scheduled Tribes and women shall be rotated amongst different Gram Panchayats under sub-section ( 7) of section 12;
- (g) the manner in which the officers shall be rotated amongst Gram Panchayats under proviso to sub - section ( 9) of section 12;
- (h) manner of holding election of the members of the Panchayat and the manner of voting under section 16;
- (a) the manner of election of Upa- Sarpanch under sub-section (1) of section 17; fj) the number of officers and employees and the manner in which such officers or employees shall be appointed under sub - section ( 4) of section 25;
- (k) the terms and conditions of service and duties of Panchayat Secretary and terms and conditions of service of other officers under sub - section ( 6) of section 25;
- (1) the time and place of meetings of a Gram Panchayat and the procedure to be followed at such meetings under sub-section ( 1) of section 26;
- (m) the manner of moving resolutions and putting questions under sub-section
- (2) of section 26;
- (n) the control and restrictions subject to which a Gram Panchayat may appoint Committees under sub - section (1) of section 27;
- (o) the reasons for and the manner in which Committees may be dissolved or re- constituted under sub - section ( 2) of section 27;
- (p) the conditions subject to which the Administrator may entrust to the Gram Panchayat the functions and duties of collecting taxes , land revenue and other dues recoverable as arrears of land revenue under sub - section ( 1) of section 32;
- (q) rules subject to which the Gram Panchayat may organise a Voluntary Village Force under sub-section ( 1) of section 33;
- (r) the custody in which the Gram Fund shall be kept under sub-section (3) of section 35;
- (s) rules subject to which Gram Panchayat may levy tax under sub-section (1) of section 38;
- (t) the time and manner in which the taxes and fees shall be assessed and realised under sub-section (2) of section 38;
- (u) the procedure for lease by public auction or contract under section 41;
- (v) the form in which the demand notice shall be sent under sub-section (1) of section 42:
- (w) the manner in which a demand notice shall be served under sub-section (2) of section 42;
- (x) the form in whichaccountsshall bemaintainedunder section 43;
- (y) thetimeat which and the mannerin whichbudget shallbe prepared by the Gram Panchayat under sub-section (1) of section 44;
- (z) the period within which the District Panchayat may approve or return the budget under sub-section (2) of section 44; -33- EXTRAORDINARY No. : 32 DATED 17T" AUGUST, 2012.
- (za) the period within which the budget has to be , re-submitte ., to the D;stric; Panchayat under sub - section ( 3) of section 44; (zb) the manner in which accounts of a Gram Panchayat shall be audited under sub-section ( 1) of section 45;
- (zc) the authority which shall carry out the audit , completion and forwarding thereof to the Chief Executive Officer and the Gram Panchayat under sub-section (2) of section 45;
- (zd) the form and manner in which roaster ofreservation according to which the office of President shall be reserved for the Scheduled Castes and the Scheduled Tribes shall be kept under sub - section ( 5) of section 61; (ze) the terms and conditions of service of the staff under sub - section
- (6) of section 68;
- (zf) framing the rules for controlling the officers and employees of the District Panchayat under clause ( c) of sub - section ( 1) of section 70;
- (zg) such other functions and powers which the Chief Executive Officer may perform and exercise under clause ( e) of sub - section( 1) of section 70;
- (zh) the time and place of meeting of the District Panchayat and the procedure to be followed at such meeting under sub-section ( 1) of section 72;
- (zi) the manner in which questions may be put and resolutions may be moved before the District Panchayat under sub-section ( 2) of section 72;
- (zj) the rules subject to which the District Panchayat may appoint members of the Standing Committees under sub-section ( 1) of section 73;
- (zk) composition and tenure of committees under sub-section
- (2) of section 73; (z1) the rules subject to which and the rates at which the District Panchayat may levy duties and fees under section 83;
- (zm) the procedure for lease by public auction or private contract under section 86;
- (zn) the form in which demand notice shall be given under sub - section (1) of section 87;
- (zo) the manner in which a notice of demand may be served under sub-section
- (2) of section 87;
- (zp) the form in which the District Panchayat shall maintain accounts of its receipts and expenditure under section 88;
- (zq) the time and manner in which budget may be prepared under sub - section (1) of section 89;
- (zr) the period within which the Secretary Panchayat may approve or return the budget under sub-section ( 2) of section 89;
- (zs) the manner in which the accounts of the District Panchayat shall be audited under sub - section (1) of section 90;
- (zt) the manner in which the annual report on administration of District Panchayat for previous year shall be prepared under section 91;
- (zu) the manner in which, the intervals at which and the officers by whom of the social audit of major works shall be carried out under sub-section ( 1) of section 92;
- (zv) the officer to whom the report of social audit shall be submitted under sub- section
- (2) of section 92; (zw) the form of oath or affirmation of the Ombudsman under sub-section (4) of section 101; -34- EXTRAORDINARY No. 32 DATED : 17TH AUGUST, 2012.
- (a) the form in which the election petitions relating to a Gram Panchayat or District Panchayat shall be filed to the District Judge under sub-section ii) of section 103;
- (ry) the manner in which records shall be classified and preserved under section 116;
- (zz) the fee to be paid for inspection of records and grant of certified copies under section 117;
- (zza) the manner of and the date of forwarding the developmental plan under sub-section ( 1) of section 118;
- (zzb) the number of members constituting district planni ng comm ittee, conditions for undertaking district planning under sub - section (1) of section 119;
- (zzc) the meetings and functions of the committee under sub - section (2) of section 119; (zzd) the honorarium , perquisites of Sarpanch and Upa-Sarpanch of Gram Sabha and President and Vice - President ofGram Panchayat and allowances ofevery Member of Gram Panchayat and District Panchayat under section 120;
- (zze) the amount of fine for contravention and continued contravention of the bye-laws under sub - section ( 2) of section 122;
- (zzf) any other matter which is required to be or may be prescribed.
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122. (1) Subject to the provisions of this Regulation and the rules made thereunder
, Power to the Secretary Panchayat may, with the prior approval oftheAdministrator , frame bye - laws,-- make bye-
- (a) to prohibit the removal or use of water for drinkin laws. which is likely to cause danger to health ; g°^ from any source
- (b) to prohibit or regulate the discharge of water , waste water or effluent from any drain or premises on a public street or into a river , pond , tank, well , soi I or any other place;
- (c) to prevent damage to public streets;
- (d) to regulate sanitation , conservancy and drainage in the area of the Gram Panchayat;
- (e) to prohibit or regulate the use of public streets or other public place by shopkeepers; (/) to regulate the manner in which tanks , ponds and cess pools , pasture lands, play grounds, manure pits, land for disposal for dead bodies and bathing places shall be maintained and used;
- (g) to prohibit or discharge of any kind of effluent in any form polluting air, water and soil , etc.; and
- (h) to regularise any other duties and functions of the Gram Panchayat or District Panchayat.
- (2) Any bye-law made under sub-section ( 1) may provide that a contravention thereof shall be punishable with fine which may extend to amount prescribed and in the case of a continuing contravention with fine which may extend to amount prescribed for each day during which the contravention continues.
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123. Every rule and every bye-law made under this Regulation shall be laid
, as soon as may be after it is made, before each House of Parliament . while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if , before the expiry of the session immediately following the session or the Laying of rules before 1arliament.
EXTRAORDINARY No. : 32 DATED 17TH AUGUST, 2012. successive sessions aforesaid , both Houses agree for making any modification in the rule or bye-law or both Houses agree that the rule or bye - law should not be made , the rule or bye-law shall thereafter have effect only in such modified form or be of no effect as the case may be , so, however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-law. Removal of 124. (1 ) If any difficulty arises in giving effect to the provisions of this Regulation, the difficulties . Administrator may by order , published in the Official Gazette , as the occasion may require, do anything which appears to him to be necessary for expedient removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Regulation.
- (2) Every order made under this section shall be laid, as soon as may be after it is made before each House of Parliament. Repeal and 125 . ( 1) The Goa , Daman and Diu Panchayat Regulation, 1962 is hereby repealed. savings.
- (2) The repeal of the said Regulation shall not affect,-
- (a) the previous operations of the said Regulation or anything duly done or suffered thereunder, or
- (b) any right, privilege, obligation or liability acquired , accrued or incurred under the said Regulation, or
- (c) any penalty , forfeiture or punishment incurred , in respect of any offence committed against the said Regulation, or
- (d) any investigation , legal proceeding or remedy in respect of such right, privilege, obligation , liability, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted , continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Regulation had not been promulgated. TFIE FIRST-
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