Chapter III Chapter III

Functions, Duties and Powers of Panchayats, Sarpanch and Deputy Sarpanch

1. (1) Subject to such conditions as may be specified by the Government from time to time, the Panchayat shall perform the functions specified in Schedule-I.
2. (2) The Panchayat may also make provision for carrying out within the Panchayat area any other work or measure which is likely to promote the health, safety, education, comfort, convenience or special or economic well-being of the inhabitants of the Panchayat area.
3. (3) The Panchayat may, by a resolution passed at its meeting and supported by two-- thirds of its total number of members and with prior approval of the 61[Director],—
   • (a) make provision for or make contribution towards, any exhibition, conference or seminar without or outside the Panchayat area but within the district; or
   • (b) make contribution to any medical, educational or charitable institutions or any other institutions of public utility, within the Panchayat area which are registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) or under any other law for the time being in force.

1. (1) The Government may, by notification and subject to such conditions as may be specified therein,—
   • (a) transfer to any Panchayat the management and maintenance of a forest situated in the Panchayat area;
   • (b) make over to the Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Government situated within the Panchayat area;
   • (c) entrust the Panchayat with the collection of land revenue on behalf of the Government and the maintenance of such records as are connected therewith;
   • (d) entrust such other functions as may be prescribed: Provided that no entrustment under clause (c) shall be made without the concurrence of the Panchayat concerned: Provided further that when any transfer of the management and maintenance of a

forest is made under clause (a) the Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the Panchayat.

1. (2) The Government may, by notification, withdraw or modify the functions assigned under this section.

Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assigned or delegated to it and in particular and without prejudice to the foregoing powers to exercise all powers specified under this Act.

1. (1) Every Panchayat may constitute the following committees by election:-
   • (i) Production Committee for performing functions relating to agricultural production, animal husbandry and rural industries and poverty alleviation programmes;
   • (ii) a Social Justice Committee for performing functions relating to,
   • (a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes;
   • (b) protection of such castes and classes from social injustice and any form of exploitation;
   • (c) welfare of women and children;
     • (iii) an Amenities Committee to perform functions in respect of education, public health, public works and other functions of the Panchayat.
2. (2) (a) Each Committee shall consist of not less than three and not more than five members including the Chairman and Vice-Chairman, as the case may be. The Sarpanch shall be the ex officio member and Chairman of Production Committee and Amenities Committee. The Deputy Sarpanch shall be the ex officio member and Chairman of the Social Justice Committee: Provided that the Social Justice Committee shall consist of at least one member who is a woman and one member belonging to the Scheduled Castes or Scheduled Tribes.
   • (b) Each Committee shall be competent to co-opt in such manner as may be prescribed, members of farmers clubs, mahila mandals, yuvak mandals and other similar bodies recognized by the Government. A representative of co-operative societies in the Panchayat area shall be co-opted to the Production Committee. The rights and liabilities of the co-opted members shall be such, as may be prescribed.
3. (3) The Standing Committee shall perform the functions referred to above to the extent the powers are delegated to them by the Panchayat.

1. (1) The Sarpanch of the Panchayat shall, in addition to the power exercisable under any other provision of this Act or rules made thereunder,—
   • (a) convene meeting of the Panchayat;
   • (b) have access to the records of the Panchayat; 62[...]
   • (c) exercise supervision and control over the acts of the officers and employees of the Panchayat; 63[(d) incur expenditure not exceeding 64[rupees five thousand] per month on any matter in an emergency and in public interest;
   • (e) recommend or not, the sanction of any kind of leave to all the officers and employees of the Panchayat including the Gram Sevak;
   • (f) place all the correspondence received from the Government, Director, Chief Executive Officer, before the meeting of the Panchayat;
   • (g) hold regular Gram Sabha and other meetings of the Panchayat;
   • (h) recover the tax, fees and other dues from the defaulters of the Panchayat;
     • (i) place the audit report before the meeting of the Panchayat and ensure its due compliance;
   • (j) stop any unauthorized construction erected in the Panchayat area notwithstanding anything contained in sub-section (3) of section 66 of this Act and place the matter immediately before the ensuing meeting of the Panchayat for taking suitable decision;
   • (k) remove encroachment and obstruction upon public property, street, drains and open sites not being private property;
   • (l) ensure due compliance of the provisions of the Act; and
   • (m) comply with the directions/instructions issued by the Director, Chief Executive Officer, Deputy Director or Block Development Officer.]
2. (2) The Sarpanch may, if in his opinion the immediate execution of any work or doing of any act which requires the sanction of a committee or of the Panchayat, is necessary in public interest convene a meeting for the purpose with a notice of twenty four hours. 65[(3) The Deputy Sarpanch of the Panchayat shall exercise all the powers and perform all the duties and functions of the Sarpanch of the Panchayat, whenever the Sarpanch is absent or is on leave or resigns from office or expires or is disqualified or is incapacitated from functioning or if a motion of no confidence is passed against him under section 51 of this Act, until the Sarpanch resumes his office or the post of Sarpanch is filled by election, as the case may be.]

All village roads and bridges thereon, cart tracks, drain, well and other public places in the Panchayat area not being private property and not being under the control or management of Zilla Panchayat, or Municipal Council, or the Government shall vest in the Panchayat and the Panchayat may do all things necessary for the maintenance and repair thereof, and may,-

1. (a) layout and make new roads;
2. (b) construct new bridges;
3. (c) widen, open, enlarge or otherwise improve any such roads or bridges;
4. (d) with the previous sanction of the Zilla Panchayat divert, discontinue or close any road or bridge; and
5. (e) deepen or otherwise improve any water way: Provided that no road or bridge shall be diverted, discontinued or closed before the Panchayat publishes its intention of doing so and calls for objections and obtains the approval of the Zilla Panchayat to which a copy of the resolution of the Panchayat and the objections thereto shall be forwarded.

66[(1) Subject to such rules as may be prescribed, no person shall erect any building or alter or add to any existing building or reconstruct any building without the written permission of the Panchayat. The permission may be granted after an application for the purpose is made and on payment of such fees as prescribed.]

67[Provided further that a building which is reflected in the record of rights and the first promulgated survey plan prepared under the provisions of the Goa Land Revenue Code, 1968 (9 of 1969) shall be deemed to have been erected with due permission of the Panchayat.].

68[(2) If a Panchayat does not, within a period of thirty days from the date of receipt of the application under subsection (1), determine whether such permission should be given or not and communicate its decision to the applicant, the Secretary shall forward the application to the Block Development Officer on expiry of such period of thirty days and the applicant may also file an appeal within a period of thirty days from the date of expiry of aforesaid period to the Block Development Officer. The Block Development Officer shall immediately upon receipt of such application from the Secretary or appeal from the applicant, whichever is earlier, proceed to determine whether such permission should be given or not. If the Block Development Officer fails to determine whether such permission should be given or not and communicate his decision to the applicant within a period of thirty days from the date of intimation by the Secretary or receipt of appeal, immediately upon expiration of such period of thirty days, such permission shall be deemed to have been granted to the applicant to execute the work strictly in accordance with the technical clearance and plans as approved by the Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities and not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force;]

69[(2) If the Panchayat does not, within a period of fifteen days from the date of receipt of the application under sub-section (1), determine whether such permission should be given or not and communicate its decision to the applicant, after expiry of such period of fifteen days, such permission shall be deemed to have been granted to the applicant and the applicant shall be free to execute the work strictly in accordance with the technical clearance and plans as approved by Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force:

Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of seven days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of fifteen days specified for the purpose of determination of application by the Panchayat.]

70[(2A) Where the permission under sub-section (1) is deemed to have been granted under sub-section (2), before proceeding with execution of the work, the applicant shall give intimation notice in such form as prescribed, to the Panchayat, the Block Development Officer and the Town and Country Planning Authorities

71[within a period of fifteen days from the date on which such permission is deemed to have been granted under sub-section (2)] and he shall also deposit with the Secretary the fees payable under sub-section (1). The Secretary shall be duty bound to accept such fees and issue proper receipt to the applicant and credit such fees to the Panchayat Fund. (2B) The applicant after complying with the provisions of sub-section (2A), shall be entitled to execute the work strictly in accordance with the technical clearance and plans approved by the Town and Country Planning Authorities and in conformity with conditions laid down by all other statutory authorities and the applicant shall follow the procedure as may be applicable for obtaining the completion certificate within the validity period. (2C) Subject to such rules as prescribed, no building erected, reerected or altered in pursuance of sub-section (1), (2) or (2B), shall be occupied in whole or part until an occupancy certificate is issued by the Panchayat after confirming that such building is in conformity with approved plans. (2D) The occupancy certificate shall be issued by Panchayat on payment of such occupancy fees as prescribed. (2E) If a Panchayat does not, within thirty days from the date of receipt of application for occupancy certificate, determine whether such occupancy certificate should be issued or not and communicate its decision to the applicant, such occupancy certificate shall be deemed to have been issued, if the applicant has obtained necessary completion certificate from the Town and Country Planning Authorities as per the provisions of the Goa

(Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of

2008) and the Regulations framed thereunder.

72[(2E) If the Panchayat does not, within a period of fifteen days from the date of receipt of application for occupancy certificate, determine whether such occupancy certificate should be issued or not and communicate its decision to the applicant, after expiry of such period of fifteen days, such occupancy certificate shall be deemed to have been issued if the applicant has obtained necessary completion certificate from the Town and Country Planning Authorities as per the provisions of the Goa (Regulation of Land Development and Building Construction) Act, 2008 (Goa Act 6 of 2008) and the Regulations framed thereunder: Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of seven days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of fifteen days specified for the purpose of determination of application by the Panchayat.]”; (2F) Where the occupancy certificate is deemed to have been issued under sub-section (2E), before proceeding to occupy the premises, the applicant shall give intimation notice in such form as prescribed to the concerned Panchayat and the Block Development Officer

73[within a period of fifteen days from the date on which such occupancy certificate is deemed to have been issued under sub-section (2E)] and he shall also deposit with the Secretary the occupancy fees as payable under sub-section (2D). The Secretary shall be duty bound to accept the occupancy fees and issue a proper receipt to the applicant and credit such fees to the Panchayat Fund.]

1. (3) Whenever any building is erected, added to or reconstructed without such permission or in any manner contrary to the rules prescribed under sub-section (1) or any conditions imposed by the permission granted, the Panchayat may,—
   • (a) direct that the building, alteration or addition be stopped; or
   • (b) by written notice require within a reasonable period to be specified therein, such building alteration or addition to be altered or demolished 74[ ].
2. (4) In the event of non-compliance with terms of any notice under clause (b) of sub- section (3) within the period specified in the notice, it shall be lawful for the Panchayat to take such action as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the Panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable as if it were a tax imposed under this Act. 75[(5) Where the Panchayat fails to demolish the building which is erected, added to or reconstructed without the permission of the Panchayat, or in any manner contrary to the rules made under the Act or any conditions imposed in the permission, within a month from the date of the knowledge, the Deputy Director shall assume the powers of the Panchayat under sub-sections (3), (4) and (5) and take such steps as may be necessary for the demolition of such building.
3. (6) Notwithstanding anything contained in the foregoing provisions, the Block Development Officer concerned may, by notice addressed to the person responsible, stop any construction which is being constructed in violation of the provisions of the Act or rules or bye-laws made thereunder and refer the case to the Deputy Director of Panchayat. On receipt of the notice, such person shall forthwith stop the same.
4. (7) An appeal shall lie to the Director, within a period of thirty days from any order of direction or notice issued under any of the provisions of this section and the decision of the Director on such appeal shall be final.

Explanation:— For the purpose of this section, failure to communicate the decision by the Panchayat under sub-section (2) and failure to demolish the building under sub-

sections (3) and (4) shall be deemed to be ‘remiss’ in the performance of duties by the

Power of Government to prohibit and regulate the erection of building in certain areas without permission.— (1) Notwithstanding anything contained in section 66 the Government may, in the interest of the general public and after consulting the Panchayat concerned, prohibit by notification the erection of any building within a specified area within the jurisdiction of a Panchayat except with the permission granted by the Government or any officer authorized by the Government in this behalf (hereinafter in this section referred to as the “authorized officer”): Provided that such prohibition shall not be made in respect of land which has been set apart as a building site by the Government or the Panchayat prior to the date of such notification.

1. (2) Subject to the provisions of sub-section (3), the grant of any permission under sub-

section (1) may be subject to such conditions as may be imposed by the Government or the authorized officer in each case or specified generally.

1. (3) The Government may publish a development plan in respect of the area notified under sub-section (1) after following such procedure as may be prescribed, and on the publication in such plan, no building shall be erected or constructed in such area except in accordance with the specifications and conditions specified in such development plan.
2. (4) Whoever erects any buildings contrary to the provisions of sub-section (2) or (3) shall, on conviction, be punished with fine, which may extend to five thousand rupees.
3. (5) The Government or the authorized officer, as the case may be, may demolish any building erected contrary to the provisions of sub-section (1) or (3) or in violation of the conditions imposed under sub-section (2).

machinery.—

76[(1)] No person shall, without the permission of the Panchayat and except in accordance with the condition specified in such permission,—

1. (a) construct or establish any factory, workshop or workplace in which it is proposed to employ steam power, water power; or other mechanical power or electrical power; or
2. (b) install in any premises, any machinery or manufacturing plant driven by any power as aforesaid, not being machinery or manufacturing plant exempted by rules made by the Government under this Act. 77[(2) The provisions of sub-sections (2), (2A), (2B), (2C), (2D), (2E), (2F), (3), (4), (5), (6) and Explanation to section 66 of this Act shall apply mutatis mutandis, to this section.]

No place within the jurisdiction of Panchayat shall be used for the purpose of any trade, business or industry which the Government may, by notification declare to be offensive or dangerous, except under a licence granted or renewed by the Panchayat and subject to such conditions as may be imposed in the licence.

No place within the jurisdiction of a Panchayat shall be used as a hotel, restaurant, eating house, coffee house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognized by the Government), or a dharmashala or for manufacturing ice or aerated water except under a licence granted or renewed by the Panchayat and except in accordance with condition specified therein.

No place within the jurisdiction of a Panchayat shall be used as a shop whether permanently or temporarily, except under a licence granted or renewed by the Panchayat and except in accordance with the conditions specified therein.

78[(1) A permission under section 68 or the licence under section 69, 70 or 71, shall be granted or renewed only after an application for the purpose is made and on payment in advance of such fee as prescribed].

1. (2) The Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 68 or to grant or renew a licence or suspend or cancel a licence granted or renewed, under sections 69, 70 and 71 for default of any of the conditions subject to which the licence was granted. 79[(2A) If a Panchayat does not, within a period of thirty days from the date of receipt of the application under subsection (1), determine whether such licence under section 69, 70 or 71 should be granted or not and communicate its decision to the applicant, the Secretary shall forward the application to the Block Development Officer on expiry of

such period of thirty days and the applicant may file an appeal within a period of thirty days from the date of expiry of aforesaid period to the Block Development Officer. The Block Development Officer shall, immediately upon receipt of such application from the Secretary or appeal from the applicant, whichever is earlier, proceed to determine whether such licence should be granted or not. If the Block Development Officer fails to determine whether such licence should be granted or not and communicate his decision to the applicant within a period of thirty days from the date of receipt of such application from Secretary or appeal, immediately upon expiration of such period of thirty days, such licence shall be deemed to have been granted to the applicant, subject to the condition that the applicant obtains all the requisite other permissions from other statutory authorities for the purpose of carrying out the activity by virtue of such licence, but not so as to contravene any of the provisions of this Act or of any rules or bye-laws made under this Act or of any other law for the time being in force.

80[(2A) If the Panchayat does not, within a period of seven days from the date of receipt of the application under sub-section (1), determine whether such licence under section 69, 70 or 71 should be granted or not and communicate its decision to the applicant, after expiry of such period of seven days, such licence shall be deemed to have been granted to the applicant, subject to the condition that the applicant obtains all the requisite other permissions from other statutory authorities for the purpose of carrying out the activity by virtue of such licence, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act or of any other law for the time being in force: Provided that the observations, if any, of the Panchayat in respect of the application under this section to be complied by the applicant shall be communicated by the Panchayat to the applicant compulsorily in one single communication and within a period of three days from the date of receipt of such application. The period between the date of dispatch of such communication by the Panchayat and the date of compliance by the applicant shall not be considered for calculating such period of seven days specified for the purpose of determination of application by the Panchayat.]

(2B) Where such licence under section 69, 70 or 71 is deemed to have been granted under sub-section (2A), before proceeding to carry out any activity by virtue of such licence, the applicant shall give intimation notice in such form as prescribed, to the Panchayat and the Block Development Officer

81[within a period of fifteen days from the date on which such license is deemed to have been granted under sub section (2A)] and he shall also deposit with the Secretary the fee payable under sub-section (1). The Secretary shall be duty bound to accept such fee and issue proper receipt to the applicant and credit such fee to the Panchayat Fund.]

1. (3) Any person aggrieved by the refusal to grant permission under section 68 or to grant or renew licence, or by the suspension or cancellation of a licence under sub-section
2. (2) may, within thirty days of the date of communication of the order, appeal to the 82[Director] and his decision on such appeal shall be final. 83[72-A. Sealing of premises carrying on any trade and or occupation without licence.— (1) If any person without obtaining a licence from the Panchayat under section 69 or section 70 or section 71 carries on any trade or occupation in any premises within the limits of Panchayat jurisdiction, the Panchayat shall, after giving an opportunity of being heard to such person seal such premises: Provided that if the application for licence is already submitted to the Panchayat, such premises shall not be sealed till such application is rejected on merit: Provided further that no such premises shall be sealed till the expiry of the period given to rectify any defect thereof.
3. (2) An appeal against the order of the Panchayat shall lie before the Director and the decision of the Director in the matter shall be final:

Obstructions and encroachments upon public streets and open sites.—

1. (1) whoever not being duly authorized in this behalf within limits of a Panchayat area,—
   • (a) have built or set up, or shall build or set up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or other encroachment or obstruction; or
   • (b) deposit or cause to be placed or deposited any box, bale, package, or merchandise, or any other thing in any public street or place or in or over or upon any open drain, gutter, sewer or aquaduct in such street or places; shall, on conviction, be punished with fine which may extend to five hundred rupees and with further fine which may extend to ten rupees for every day on which such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.
2. (2) The Panchayat shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorized obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the Panchayat or not. The expense of such removal shall be paid by the person who has

caused the said obstruction or encroachment and shall be recoverable as if it were a tax imposed under this Act.

1. (3) Whoever, not being duly authorized in that behalf, removes earth, sand other than sand used for domestic purpose by residents of the Panchayat area or other materials from, or makes any encroachment in or upon any open site which is not private property shall, on conviction, be punished with fine which may extend to five hundred rupees, and
   • (i) in the case of an encroachment, with further fine which may extend to ten rupees for every day on which the encroachment continues after the date of first conviction;
   • (ii) in the case of removal of earth, sand or other materials, twice the value of such earth, sand or other material shall also be recoverable as a fine.
2. (4) Nothing contained in this section shall prevent the Panchayat from allowing any temporary occupation of or erection in any public street on occasions of festivals and ceremonies or the piling of fuel in by-streets and sites in such manner as not to inconvenience the public or any individual.

The Government may entrust to the Panchayat, the execution, maintenance or repair of any work or the management of any institution on behalf of the Government or any local authority: Provided that the funds necessary for the execution, maintenance or repair of the work or the management of the institution shall be placed at the disposal of the Panchayat by the Government or such local authority.

1. (1) The Panchayat may cause a name to be given to any street and may also cause a number to be affixed to any building or part of a building and may, from time to time, cause such name and number to be altered.
2. (2) No person shall destroy, remove, deface or in any way injure or alter any such name or number or put up or paint any name or number different from that put up or painted by the order of the Panchayat.
3. (3) Any person who destroy, removes, injures, alters or defaces any such name or number or puts any name or number different from that put up by order of the Panchayat and any owner of any premises who does not at his own expense keep such number in good order after it has been put up shall, on conviction, be punished with fine which may extend to one hundred rupees.

1. (1) If it appears at any time to the Panchayat that any building, or any part thereof or any tree or branch of a tree is in a ruinous state or is likely to fall or is in any other way dangerous to any person occupying, resorting to or passing by such building or the part thereof, or the

tree or the branch of the tree, the Panchayat may by written notice require the owner or occupier of such building or tree, as the case may be,—

1. (i) to pull down, lop or cut down; or
2. (ii) to secure; or
3. (iii) to remove; or
4. (iv) to repair; such building or part of it or the tree or the branch of the tree, as the case may be, and to prevent all causes of danger therefrom.

1. (2) If it appears to the Panchayat that the danger from a building or tree which is ruinous or about to fall is imminent, it may, before the period of notice expires, fence off, pull down, lop or cut down, secure or repair the said building or tree, as the case may be, or take such steps as may be required to arrest danger.
2. (3) Any expenses incurred by the Panchayat in this behalf may be recovered from the owner or occupier of the building or tree, as the case may be, as if it was a tax imposed under this Act.
3. (4) The Panchayat shall issue a notice under sub-section (1) after giving the owner or occupier, as the case may be, a reasonable opportunity of stating any objection, adducing evidence, if any and after being satisfied that the objection, which is raised, is invalid or insufficient.

1. (1) If it appears necessary to improve the sanitary condition of any area within its jurisdiction, a Panchayat may by written notice, require within a reasonable period to be specified therein,—
   • (i) the owner or occupier of any building or any hut or the owner of any privy to remove such hut or privy either wholly or in part;
   • (ii) the owner or the occupier of any building to construct private drains thereof or to alter or to remove private drains thereof;
   • (iii) the owner or occupier of any land or building which needs to be cleansed, to cause the same to be cleansed to the satisfaction of the Panchayat;
   • (iv) the owner or occupier of any land or building which contains a well, pool, ditch, pit, pond, tank, or any place containing or used for the collection of any drainage, filth or stagnant water, which is injurious to health or offensive to the neighbourhood or is otherwise a source of nuisance, to cause the same to be filled up, cleansed or deepened or to cause the water to be removed therefrom or drained off to take such other action therewith, as may be deemed necessary by the Panchayat;
   • (v) the owner or occupier of any land overgrown with vegetation, undergrowth, prickly pear, or jungle, which is in any manner injurious to health or dangerous to the public or offensive to the neighbourhood or an impediment to efficient ventilation, to cause it to be cleared of the vegetation, undergrowth, prickly pear or jungle.
2. (2) If any work required by a notice under sub-section (1) is not executed within the period specified in the notice, the Panchayat may itself cause such work to be carried out and may recover the cost of such work or part thereof from the owner or occupier referred to in sub-section (1) as if it were a tax imposed under this Act.

(1) Where a church, mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs, or festivals or for other like purposes is situated within the limits of a Panchayat or in the neighbourhood thereof and attracts either throughout the year or on particular occasion a large number of persons, any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the Panchayat. The Panchayat may after providing sufficient opportunity to the person or persons having control over such place require him or them to make such recurring or non-recurring contribution to the funds of the Panchayat as he may determine in such manner as may be prescribed.

1. (2) A person required to make a contribution under sub-section (1) may appeal to the prescribed authority against any determination made by the Panchayat.
2. (3) Any contribution directed to be paid under sub-section (1) shall be recoverable as an arrear of land revenue.

1. (1) For providing the area under its control or any part thereof with a supply of water pure and sufficient for public and private purposes, the Panchayat may,—
   • (a) construct, repair and maintain tanks or wells and clear stream or water courses;
   • (b) purchase or acquire by gift or otherwise any tank, well, stream or water course, or any right to take or convey water within or without the area under its control;
   • (c) with the consent of the owner thereof utilize, cleanse or repair any tank, well, stream or water course or provide facilities for obtaining water therefrom;
   • (d) contract with any person for supply of water; or
   • (e) do any other act for carrying out the purpose of this section.
2. (2) The Panchayat may, by order published at such place as it may think fit, set apart for the supply of water to the public for drinking or culinary purpose, any tank, well, stream or water course in respect of which action has been taken under clause (a) or (b) or
   • (c) of sub-section (1) subject to any rights which the owner referred to in clause (c) of sub-section (1) may retain with the consent of the Panchayat.
3. (3) The Panchayat may, by order published at such place as it may think fit, prohibit,—
   • (a) bathing, washing of clothes and animals or other acts likely to pollute the water of any tank, well, stream or water course set apart for drinking or culinary purpose under sub-section (2); and
   • (b) the use of any source of water supply for drinking or culinary purposes or for the washing of clothes during epidemics.

Subject to such rules as the Government may make in this behalf, a Panchayat may make bye-laws for conserving and preventing injury to sources and means for water supply and appliances for the distribution of water whether within or without the limits of the Panchayat, and for regulating all matters connected with the supply and use of water, and turning on, or turning off, and preventing the waste of water, and construction, maintenance and control of Panchayat water works and pipes and fittings in connection therewith whether the property is of the Panchayat or not.

1. (1) A Panchayat may, and if so required by the Zilla Panchayat shall, join with one or more than one other local authority or statutory body for any purpose in which they are jointly interested or for any matter for which they are jointly responsible and may or shall constitute, as the case may be a joint committee to be in charge of the work.
2. (2) The joint committee, may include persons who are not members of the local authorities or statutory bodies concerned but who may in their opinion possess special qualifications or special interest for serving on such Committee: Provided that the number of such persons on the Committee shall not exceed one third of the total number of members of the joint committee;
3. (3) The constitution of a joint committee and its proceedings shall be governed by regulations made by the Zilla Panchayat.
4. (4) Without prejudice to the generality of the power to make regulations under sub- section (3) such regulations may provide for the following matters, namely:—
   • (a) the total number of members on the Committee;
   • (b) the number of members to be appointed under sub-section (2), if any;
   • (c) the manner of election or appointment;
   • (d) the term of office;
   • (e) the power of the Committee which shall not be in excess of the powers which can be exercised by the local authorities or statutory bodies concerned;
   • (f) the provision of funds to and the administration of funds by the joint committee;
   • (g) the procedure of the joint committee.
5. (5) The joint committee may be dissolved after serving the purpose for which it was constituted.
6. (6) The Zilla Panchayat may issue such direction as it thinks necessary in regard to the distribution of its assets and liabilities when the Committee is dissolved.

Any officer or servant of a Panchayat may enter into or upon any building or land with or without assistants or workmen, in order to make any inspection or execute any work for any of the purposes of this Act: Provided that –

1. (a) no such entry shall be made between sunset and sunrise;
2. (b) unless the entry be with the consent of its occupier, no dwelling house shall be so entered without giving reasonable previous notice signed by the Sarpanch or by a person duly authorised by him in this behalf of the intention to make such entry; and
3. (c) due regard shall be had in making such entry to the social and religious usages of the occupants of the premises entered;

Whoever, being the owner or occupier of any building or land, whether tenantable or otherwise, suffers the same to be in a filthy or unwholesome state, or in the opinion of the Panchayat is a nuisance to persons residing in the neighbourhood or overgrown with prickly pear or vegetation, and who shall not, within a reasonable time after notice in writing from any person authorized by the Panchayat in this behalf to cleanse, clear or otherwise put the same in a proper state, have complied with the requisition contained in such notice, shall on conviction, be punished with fine which may extend to one hundred rupees and if the offence be a continuing one with further fine which may extend to five rupees for every day during which the said offence is continued after the date of the first conviction.

The Secretary or any officer authorized by the Panchayat in this behalf may at any time by written notice require that the owner or any person who has control over any well, stream, channel, tank, or other source of water supply shall, whether it is private property or not,—

1. (a) if the water is used for drinking,-
   • (i) keep and maintain any such source of water supply other than a stream, in good repair; or
   • (ii) within a reasonable time to be specified in the notice, cleanse any such source of water supply from silt, refuse and decaying vegetation; or
   • (iii) in such manner as the Panchayat may direct, protect any such source of water supply from pollution by surface drainage; or
   • (iv) desist from using and from permitting others to use for drinking purposes any such sources of water supply, which not being a stream in its natural flow, is in the opinion of the Panchayat unfit for drinking; or
   • (v) if notwithstanding any such notice under sub-clause (iv), such use continues and cannot, in the opinion of the Panchayat, be otherwise prevented, close either temporarily or permanently, or fill up or enclose or fence in such manner as the Panchayat considers sufficient to prevent such use, such source of water supply; or
   • (vi) drain off or otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Panchayat considers as injurious to health or offensive to the neighbourhood;
2. (b) within twenty four hours of such notice, repair, protect or enclose in such

manner as the Panchayat may direct or approve any source of water supply, whether used for drinking purposes or not, other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure such source of water supply is, in the opinion of the Panchayat, dangerous to the health or safety of the public or of any persons having occasion to use or to pass by or approach the same.

If the owner or the person having control as aforesaid fails or neglects to comply with any such requisition within the time required by or under the provisions of section 84, the Panchayat may, and, if in the opinion of the Secretary immediate action is necessary to protect the health or safety of any person, he shall at once, proceed to execute the work required by such notice, and all the expenses incurred thereon shall be paid by the owner, or person, having control over such source of water supply, and shall be recovered in the same manner as an amount claimed on account of any tax recoverable under this Act: Provided that in the case of any well or private stream or any private channel, tank or other source of water supply the water of which is used by the public or by any section of the public as of right, the expenses incurred by such owner or the person having control may, if the Panchayat so directs, be paid from the Panchayat fund.

The Panchayat may by public notice which shall be put up at the spring, tank, or other places concerned and otherwise as required by this Act, set apart public springs, tanks, wells and other places and parts of public water sources for drinking purposes or for bathing or for convenience of the inhabitants, and with the consent of the owners, may also set apart any private springs, tanks, wells or other places for any of the aforesaid purposes.

The Panchayat may, during epidemics on receipt of a certificate from any medical officer of the Government stating that such action is desirable, summarily by notice prohibit the use of water from any source to which the public have access. Such notice shall be served by putting up a copy thereof near the source of water supply stating the number of days during which such prohibition shall last. The Panchayat may from time to time extend or modify the period of prohibition without the production of a further certificate;

Whoever,—

1. (a) bathes in or defiles, the water in any place set apart for drinking purposes by the Panchayat, or, in the case of private property, by the owner thereof; or
2. (b) deposits any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes; or
3. (c) washes clothing in any place set apart as aforesaid for drinking or bathing; or
4. (d) washes any animal or any cooking utensils or wood, skins, or other foul or

offensive substances, or deposits, any offensive or deleterious matter in any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes; or

1. (e) allows the water from a sink, sewer, drain, engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid for drinking into any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes; or
2. (f) uses water from any source in contravention of the provisions of section 87; shall on conviction, be punished with fine which may extend to fifty rupees and if the offence be a continuing one, with further fine which may extend to ten rupees for every day during which the said offence is continued after the date of first conviction. [shall be liable to a penalty which may extend to one thousand rupees and, if the contravention is a continuing one, to a further penalty which may extend to five hundred rupees for every day during which such contravention continues after the date of the first imposition of penalty””]

When any pool, ditch, tank, pond, well, hole or any waste or stagnant water, or any channel, or receptacle of foul water or other offensive or injurious matter, whether the same be within any private enclosure or otherwise shall appear to the Secretary to be likely to prove injurious to the health of the inhabitants or offensive to neighbourhood, the Secretary, may by written notice require the owner of the same to cleanse, fill up, drain off or remove the same, or to take such measures as shall in his opinion be necessary to abate or remove the nuisance.

1. (1) If the Panchayat is of opinion that any place in the Panchayat area which is used for the disposal of the dead is in such a state as to be, or to be likely to become injurious to health, it may forward its opinion with the reasons therefore to the Collector. The Collector may thereupon, after such further inquiry, if any, as he shall deem fit, by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the notification.
2. (2) A copy of the said notification shall be displayed at the Panchayat office and in one or more conspicuous spots on or near the place to which it relates.
3. (3) Any person who buries or otherwise disposes of any corpse in any such place after the date specified in the said notification for closure thereof or buries any corpse in any unoccupied Government land not set apart for the burial of the dead under the provisions of any law for the time being in force or by established usage, shall, on conviction, be punished with fine which may extend to one hundred rupees. [(3) Any person who buries or otherwise disposes of any corpse in any such place after the date specified in the said notification for closure thereof, or buries any corpse in any unoccupied Government land not set apart for the burial of the dead under the provisions of any law for the time being in force or by established usage, shall be liable to a penalty which may extend to one thousand rupees..]

Where infectious disease exists, the Secretary or any person authorized by the Panchayat in this behalf may enter at any time after reasonable notice, any building or premises in which any infectious disease is reported or suspected to exist, for the purpose of inspecting such building or premises. No such inspection shall be made except between sunrise and sunset.

If the Secretary is of the opinion that the cleansing or disinfecting of a building or a premises or a part thereof or of any articles therein is likely to retain infection, would tend to prevent or check the spread of any infectious diseases, he may by notice require the owner or occupier to cleanse or disinfect the same within a time to be specified in such notice: Provided that if the Secretary considers that immediate action is necessary or that the owner or occupier is by reason of poverty or otherwise, unable effectively to comply with his requisition, he may himself cause such building or premises or articles to be cleansed or disinfected and for this purpose may cause such articles to be removed from such building or premises and the expenses incurred under this section shall be recoverable from the said owner or occupier as if it were a tax imposed under this Act unless he was, by reason or poverty unable effectively to comply with the requisition.

1. (1) The Secretary shall, from time to time, notify places at which articles of clothing or bedding or other articles which have been exposed to infection from any dangerous or infectious disease may be washed or disinfected.
2. (2) The Secretary may direct the destruction of clothing, bedding, or other articles likely to retain such infection.
3. (3) Whoever washes such clothing or bedding or other articles at any place other than those set apart for such purposes under sub-section (1), shall, on conviction, be punished with fine which may extend to fifty rupees. “(3) Whoever washes such clothing or bedding or other articles at any place other than those set apart for such purposes under sub-section (1), shall be liable to a penalty which may extend to five hundred rupees.]

1. (1) Every owner or person having the control of any place used at the commencement of this Act, as a public place for burying, burning or otherwise disposing of the dead in a Panchayat area, shall, if such place be not already registered under any law applicable thereto, apply to the Panchayat to have such place registered under this Act.
2. (2) If it appears to such Panchayat that there is no owner or person having control of such place, the Panchayat shall assume such control, and register such place or may close it.

1. (1) No new place for the disposal of the dead whether private or public, shall be opened, formed, constructed or used in a Panchayat area unless after an application for the purpose is made and a licence is obtained from the Panchayat.
2. (2) Such application for a licence shall be accompanied by a plan of the place to be licensed showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such other particulars as the Panchayat may require,-
3. (3) The Panchayat to which an application is made, may after giving due notice to the public in general,—
   • (a) grant or refuse a licence; or
   • (b) postpone the grant of a licence until objections, if any, to the site, considered reasonable by the Panchayat have been removed or any particulars called for by it have been furnished.

1. (1) A book shall be kept at the office of every Panchayat in which the places registered, licensed or provided under section 94 or section 95 shall be recorded.
2. (2) A notice that such place has been registered, licensed, or provided as aforesaid, shall be affixed at or near the entrance to such place conspicuously.

No person shall in any Panchayat area bury, burn or otherwise dispose off or cause or suffer to be buried, burnt or otherwise dispose off any corpse in any place within hundred meters of a dwelling place or any source of drinking water-supply other than a place registered under section 94 or licensed under section 95, or provided by the Panchayat.

The person having control of a place for disposing of the dead in a Panchayat area shall give information of every burial, burning or other disposal, of a corpse at such place to any person appointed by the Panchayat.

Save as otherwise provided in this Act and subject to such rules as may be prescribed, a Panchayat may,—

1. (a) provide public landing places, halting places and cart stands and levy fees for their use; and
2. (b) where any such place or stand has been provided, prohibit the use for the same purpose by any person within such distance thereof, of any public place or the sides of any public road, as the Panchayat may, subject to the control of the Collector, specify.

87[(1)] No person shall erect any hut, shed, or range or block of huts or sheds or add to any hut or shed already existing in Panchayat area without obtaining previous permission. The Panchayat may require such huts or sheds to be built so that they may stand in regular lines with a free passage or way in front of and between every two lines of such width as the Panchayat may think proper for ventilation and to facilitate scavenging and at such a level as will admit of sufficient drainage. If any hut or shed is build without obtaining previous permission of the Panchayat, the Panchayat may give written notice to the owner or builder thereof, or to the owner or occupier of the land on which the same is erected or is being erected requiring him within such reasonable time as may be specified in the notice, to remove the same or to make such alterations therein or additions thereto as having regard to the sanitary considerations, the Panchayat may think fit.

88[(2) The provisions of sub-sections (2), (3), (4), (5), (6), and Explanation to section 66 shall, mutatis mutandis, apply to this section.]

1. (1) In order to carry out any drainage scheme, it shall be lawful for a Panchayat to carry any drain, sewer, conduit tunnel, culvert, pipe or water course through, across or under any cellar or vault which may be under any street and after giving reasonable notice in writing to the owner or occupier, into through or under any land whatsoever within the Panchayat area.
2. (2) The Panchayat or any officer authorized by it for such purpose may enter upon and

construct any new drain in the place of an existing drain in any land wherein any drain vested in the Panchayat has been already constructed or may repair or alter any drain vested in the Panchayat.

1. (1) If any building or land in a Panchayat area is at any time, untrained or not drained to the satisfaction of the Panchayat, the Panchayat may, by written notice call upon the owner to construct or lay from such building or land a drain or pipe of such size and materials, at such level, and with such fall as it thinks necessary for the drainage of such building or land into,—
   • (a) some drain or sewer, if there is a suitable drain or sewer within sixteen meters of any part of such building or land;
   • (b) a covered cess pool to be provided by such owner.
2. (2) It shall not be lawful to erect any building or to rebuild any building or to occupy any building newly erected or rebuilt in a Panchayat area unless and until,—
   • (a) a drain is constructed, of such size, materials and description at such level, and with such fall, as shall appear to the Panchayat to be necessary for the effectual drainage of such building; or
   • (b) there have been provided for and set up in such building and in the land appurtenant thereto all such appliances and fittings as may appear to the Panchayat to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same of, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith.
3. (3) The drain to be constructed as aforesaid shall empty into a Panchayat drain, or into some place legally set apart for the discharge of drainage situated at a distance, then such drain shall empty into such cess pool as the Panchayat directs.

The owner or occupier of any building or land within a Panchayat area shall be entitled to cause his drain to empty into sewers of the Panchayat, provided that he first obtains the written permission of the Panchayat and that he complies with such conditions as the Panchayat prescribes as to the mode in which and the superintendence under which the communications are to be made between drains not vested in the Panchayat and drains which are so vested.

1. (1) If the owner or occupier of any building or land within a Panchayat area desires to connect the same with any Panchayat drain, by means of a drain to be constructed through any land or connected with a drain belonging to or occupied by or in the use of some other person, he may make an application in that behalf to the Panchayat.
2. (2) Thereupon, the Panchayat after giving to such other person a reasonable opportunity of stating any objection, may, if no objection is raised or if the objection raised is insufficient authorize the applicant to carry his drain into or through or under the land or into the said drain, as the case may be, in such manner and on such conditions as to the payment of rent or compensation, and as to the respective responsibilities of the parties for maintenance and repair as may appear to it to be adequate and equitable.
3. (3) Every such order shall be a complete authority to the person in whose favour it is made, or to any agent or other person employed by him for this purpose after giving or

tendering to the owner, occupier or user of the said land or drain the compensation and rent, if any, specified in the said order, and otherwise fulfiling as far as possible the conditions of the said order, and after giving to the said owner, occupier or user reasonable notice in writing, to enter upon the land specified in the said order with assistants and workmen at any time between sunrise and sunset and, subject to the provision of this Act, to do all such work as may be necessary,—

1. (a) for the construction or connection of the drain as may be necessary from time to time; or
2. (b) for renewing, repairing, or altering the same as may be necessary from time to time; or
3. (c) for discharging any responsibility attaching to him under the terms of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part thereof.

1. (4) In executing any work under this section, as little damage as possible shall be done and the owner or occupier of the building or land for the benefit of which the work is done shall cause the work to be executed with the least practicable delay and fill in, reinstate and make good at his own cost the ground or any portion of the building or other construction opened, broken up or removed for the purpose of executing the said work and pay compensation to any person who sustains damage by the execution of the said work.

If the owner of any land into, through or under which a drain has been carried under section 104 whilst such land was not build upon, shall at any subsequent time desires to construct a building thereon, the Panchayat shall, if it sanctions the construction of such building or land, by written notice require the owner to demolish or close any privy for the benefit of which such drain was constructed, to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as it may deem to be necessary in order to admit of the construction or safe enjoyment of the proposed building.

1. (1) In case a Panchayat is of the opinion that any privy or cesspool or additional privies or cesspools should be provided in or on any building or land, are shifted or removed from any building or land or in any area in which a water closet system has been introduced that water closets should be substituted for the existing privies in or on any building or land or that additional water closets should be provided therein or thereon, the Panchayat may, by written notice call upon the owner of such building or land to provide such privies, cess pools or water-closets as the Panchayat may deem proper.
2. (2) A Panchayat may, by written notice, require any person or persons employing

workmen or labourers exceeding twenty in number or owning or managing any market, school or theatre or other place of public resort, to provide such latrines and urinals as the Panchayat may direct and to cause the same to be in proper order to be daily cleansed.

1. (3) A Panchayat may by written notice, require the owner or occupier of any land upon which there is a privy or urinal to have such privy or urinal shut out by a sufficient roof and a wall or fence, from the view of persons passing by or resident in the neighbourhood or to alter as it may direct any privy door or trap-door which opens on to any street, and which it deems to be a nuisance.

1. (1) All sewers, drains, privies, water-closets, house-gullies and cesspools within a Panchayat area shall, unless constructed at the cost of the Panchayat be altered, repaired, and kept in proper order at the cost and charges of the owners of the land and building to which the same belong, or for the use of which they are constructed or continued, and the Panchayat may, by written notice, require such owner to alter, repair and put the same in good order in such manner as it thinks fit.
2. (2) The Panchayat may, by written notice, require the owner to demolish or close any privy or cesspool whether constructed before or after the coming into force of this Act, which in the opinion of the Panchayat, is a nuisance, or is so constructed as to be inaccessible for the purpose of scavenging or incapable of being properly cleansed or kept in good order.

1. (1) A Panchayat or any officer appointed by it for such purpose, may inspect any sewer, drain, privy, water-closet, house-gully or cesspool, and for that purpose, at any time between sunrise and sunset may enter upon any lands or buildings, with assistants and workmen and cause the ground to be opened where he or it may think fit, doing as little damage as may be.
2. (2) The expenses of such inspection and of causing the ground or structure to be closed and made good as before, shall be born by the Panchayat unless the sewer, drain, privy, water-closet, house-gully or cesspool is found to be in bad condition, or was constructed in contravention of the provisions of any enactment or of any bye-law of the Panchayat in force at the time, in which case such expenses shall be paid by the owner of such sewer, drain, privy, water-closet, house-gully or cesspool and shall be recoverable in the same manner as a tax or fee due to the Panchayat.

If in the opinion of a Panchayat, the working of any quarry or the removal of a stone, earth or other material, from the soil in any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Panchayat may, by written notice, require the owner of the said quarry or place or the person responsible for such quarry or place or the person responsible for such working or removal, not to continue or permit the working of such quarry or the removing of such material or to take such other measures in respect of such quarry or place as the Panchayat may direct for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom:

Provided that if such quarry or place is vested in the Government or if such working thereof or removal therefrom as aforesaid, is being carried on by or on behalf of the Government or any person acting with the permission or under the authority of the Government or any officer of the Government acting as such, the Panchayat shall not take such action unless and until the Director of Mines and Geology or the person authorized by him in this behalf has consented to its so doing: Provided further that the Panchayat shall immediately cause a proper hoarding or fence to be put up for the protection of passerby near such quarry or place, if in any case referred to in this section it appears to it to be necessary in order to prevent imminent danger, and any expense incurred by the Panchayat in taking action under this section shall be paid by such owner or other person as aforesaid and shall be recoverable in the same manner as an amount claimed on account of any tax due to the Panchayat.

Whoever, except with the written permission of a Panchayat and except in the manner, if any, enjoined in such permission, stores or uses night soil or other substances emitting an offensive smell other than cattle manure shall, on conviction, be punished with fine which may extend to one hundred rupees. [110. Using of ensive substance, etc.— Whoever, except with the written permission of a Panchayat and except in the manner, if any, enjoined in such permission, stores or uses night soil or other substances emitting an offensive smell other than cattle manure, shall be liable to a penalty which may extend to one thousand rupees.]

1. (1) It shall be lawful for a Panchayat to direct by public notice that every furnace employed or to be employed, in any works or building used, for the purpose of any trade or manufacture whatsoever, within the limits of the Panchayat, whether a steam engine is or is not used or employed therein shall in all cases be constructed, supplemented or altered as to consume or burn or reduce as far as may be practicable, the smoke arising from such furnace.
2. (2) If any person shall, after such direction, use or permit to be used, any such furnace not so constructed, supplemented or altered or shall so negligently use or permit to be used any such furnace that the smoke arising therefrom shall not be effectually consumed or burnt as far as may be practicable, every person so offending being the owner or occupier of the said works or buildings or being an agent or other person employed by such owner or occupier for managing the same, shall on conviction, be punished with fine which may extend to one hundred rupees and upon any subsequent conviction, with fine which may extend to five hundred rupees: Provided that nothing in this section shall be held to apply to locomotive engines used for the purpose of traffic upon any railway or any other engines, for the repair of roads.
3. (2) If any person, after such direction, uses or permits to be used any such furnace not so constructed, supplemented or altered, or so negligently uses or permits to be used any such furnace that the smoke arising therefrom is not effectually consumed or burnt as far as may be practicable, every person so offending being the owner or occupier of the said works or buildings, or being an agent or other person employed by such owner or occupier for managing the same shall be liable to a penalty which may extend to one thousand rupees and, upon any subsequent contravention, to a penalty which may extend to five thousand rupees: Provided that nothing in this section shall be held to apply to locomotive engines used for the purpose of traffic upon any railway or any other engines, for the repair of roads.]

Whoever, within a panchayat area,—

1. (a) in any public street or public place,-
   • (i) eases himself; or
   • (ii) loiters or begs importunately for alms; or
   • (iii) expose or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or
   • (iv) carries meat exposed to public view; or
   • (v) without proper authority defaces or writes upon or otherwise marks any building monument, post, wall, fence, tree or other thing; or
   • (vi) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing any bill, notice or other document; or
   • (vii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited under this Act or the rules or bye- laws made thereunder; or
2. (b) at any time or place at which the same has been prohibited by the Panchayat by public or special notice, beats any drum or tom-tom or blows a horn or trumpet or beats any utensil or sounds any brass or other instrument or plays any music; or
3. (c) without proper authority disturbs the public peace or order by singing, screaming or shouting or by using any apparatus for amplifying or reproducing the human voice, such as megaphone or a loudspeaker; or
4. (d) lets loose any animal so as to cause, or negligently allows any animal to cause injury, danger, alarm or annoyance to any person; or
5. (e) uses or permits to be used as a latrine any place not intended for that purpose; shall, on conviction, be punished with fine which may extend to one hundred rupees. [shall be liable to a penalty which may extend to one thousand rupees] 92[112-A. Stray cattle’s.— Notwithstanding anything contained in section 112 or in any other law for the time being in force, every Panchayat shall establish cattle pounds and may appoint pound keepers with the approval of the Director. The duties of pound keepers shall be such as may prescribed. Every pound keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the Panchayat. 112-B. Penalty for allowing cattle to stray in streets or to trespass in public or private property.—

1. (1) Whoever, within the limits of a village, allows any cattle which

are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished,—

1. (i) for the first offence, with a fine which may extend to rupees two hundred;
2. (ii) for a second or subsequent offence, with a fine which may extend to five hundred rupees. [(1) Whoever, within the limits of a village, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property, shall be liable to a penalty,—
3. (i) for the first contravention, which may extend to two thousand rupees;
4. (ii) for a second or subsequent contravention, which may extend to five thousand rupees.]

1. (2) An offence under this section shall be cognizable. 112-C. Impounding of cattles.— (1) It shall be the duty of every police officer and a Panchayat or the Block Development Officer to seize and take to any pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property or causing damage thereto within the limits of the Panchayat.
2. (2) Whoever forcibly opposes the seizure of cattle liable to be seized under the Act

and whoever rescues the same after the seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term not exceeding six months, or with a fine of Rs. 1,000/-, or with both. [(2) Whoever forcibly opposes the seizure of cattle liable to be seized under the Act and whoever rescues the same after the seizure, either from a pound or from any person taking or about to take them to a pound, shall be liable to a penalty of forty thousand rupees.] 112-D. Delivery of cattle claimed.— If the owner of cattle which are impounded under section 112 C or his agent appears and claims the cattle, the Panchayat or Block

Development Officer, as the case may be, shall deliver them to him on payment of the pound fees and expenses chargeable in respect of such cattle as the Government may, from time to time, by notification in the Official Gazette, specify for each kind of cattle. 112-E. Sale of cattle not claimed.— (1) If, within seven days after any cattle has been impounded, no person claiming to be the owner of such cattle, offers to pay the pound fee and expenses chargeable under section 112 D, such cattle shall be forthwith sold by auction in the prescribed manner and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale, shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of such officer as the Panchayat authorities appoint in the behalf or the Block Development Officer that he was the owner of such cattle and shall, in any other case, form part of the Panchayat fund.

1. (2) No police officer or any officer or official from the office of the Block Development Office or Zilla Panchayat or member or an employee or servant of the Panchayat including the pound keeper, shall, directly or indirectly, purchase any cattle at a sale under sub-section (1). 112-F. Complaint of illegal seizure or detention.— (1) Any person whose cattle has been seized under the Act or having been so seized, have been detained in contravention of the Act, may, at any time, within seven days from the date of seizure, make a complaint to the Deputy Director.
2. (2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. If the Deputy Director on examining the complainant or the agent sees reasons to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.
3. (3) If the seizure or detention be adjudged illegal, the Deputy Director shall award to the complainant for the loss caused by the seizure or detention, reasonable compensation not exceeding two hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant procuring the release of the cattle, and if the cattle have not been released the Deputy Director shall, besides awarding such compensation, order their release.
4. (4) The compensation, fees and expenses mentioned in this section may be recovered as arrears of land revenue.
5. (5) An appeal shall lie to the Director within a period of 30 days from any order or direction of the Deputy Director under sub-sections (2), (3), or (4) and his decision, on such appeal, shall be final.
6. (6) The Government may sanction grants to the Panchayat for establishment of cattle pounds and or towards the expenses incurred by the Panchayat for the maintenance of cattle, on such conditions as may be prescribed. Explanation:— For purpose of section 112 A to 112 F, “cattle” means and includes, tamed animals such as bulls, bullocks, heifers, cows, and their young, elephants, camels,

buffaloes, horse, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids.]