Chapter VIII Chapter VIII

Rules, Bye-laws and Penalties

Power to make rules.--(1) The Government may, after previous publication, make rules consistent with this Act for carrying out the purposes of this Act: Provided that the breach of any such rules shall be punishable with a fine which may extend to twenty-five rupees.

1. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules--:
   • (i) with reference to all matters in respect of which rules are expressly required or allowed by this Act to be made or prescribed ;
   • (ii) regulating the establishment, constitution, session, suspension or dissolution of a Panchayat ;
   • (iii) regulating the registration of electors, nomination of candidates, time of election, mode of recording votes, method of sealing disputes and questions arising out of elections and penalty to be imposed on candidates for adopting corrupt practices in elections ;
   • (iv) regulating the procedure to be followed under section 8 and fixation of the period or disqualification thereunder ;
   • (v) regulating the filling of casual vacancies ;
   • (vi) regulating the appointment, terms of office, suspension and removal of a Sarpanch and Naib-Sarpanch ;
   • (vii) regulating the functions and powers of the Sarpanch and a Naib-Sarpanch ;
   • (viii) regulating the exercise by a Panchayat of any of its powers under this Act and in particular its power to sue and to acquire, hold, lease, exchange or transfer property and to enter into contract ;
   • (ix) regulating the assessment and collection of rate and taxes, against assessment and collection of rates and the custody and proper maintenance of the Panchayat fund ;
   • (x) regarding the appointment of the officers and servants of a Panchayat and their salary and regarding the allowances that may be paid to a Panchayat member ;
   • (xi) regarding the conduct and distribution of business and procedure of a Panchayati Adalat and any other matter for the conduct of business before a Panchayati Adalat ;
   • (xii) regarding the power to require assistance from Chowkidars ;
   • (xiii) regarding the fees payable under this Act ;
   • (xiv) regarding the procedure to be followed under sections 32, 33, 34 and 35 ;
   • (xv) regarding the proceeding to be followed regarding budget and earmarking funds for specified purposes ;
   • (xvi) regarding powers of auditors, inspection authorities hold enquiries, summoning and enforcing the production of documents and all other matters of inspection and superintendence ;
   • (xvii) regarding channel of correspondence between the authorities ; (xviii) regarding the action to be taken on inclusion of a Panchayat area in any Municipality, Town Area or Cantonment and the manner in which the assets of the Panchayat may be disposed of in such cases ;
   • (xix) regarding the disposal of assets and liabilities on its abolition ;
   • (xx) regarding the establishment of Committee and of all matters relating to the constitution and procedure of the board ;
   • (xxi) regarding the method and time of taxation and the procedure of recovery and immunity ;
   • (xxii) regarding the procedure to be followed under sections 117 and 118 ; (xxiii) regarding the establishment and constitution of Block Panchayat Board, session and abolition of the board ;
   • (xxv) as to the preparation of plans, estimates for works and the powers of Panchayat and of officers of the Government to accord professional or administrative sanction to estimates ;
   • (xxvi) as to the imposition and recovery and conviction in the matter of encroachment of public roads or other land vesting in or belonging to Panchayats and the assessment and recovery of compensation for any damageby such occupation ; (xxvii) as to appeals against orders (including orders granting or refusing licences or permissions) passed under this Act, and the time within which whether allowed by this Act or by rules or otherwise should be preferred ; (xxviii) as to the mode of publication of forms of notice to the public under this Act ;
   • (xxix) as to the organisation of a Village Volunteer Force for watch and ward and their duties and powers ;
   • (xxx) as to the taking of oath by Sarpanch, Naib-Sarpanch, members of Panchayats, Chairman and members of Block Panchayat Board.
   • (xxxi) appointment, qualification, supersession, dismissal, discharge, removal of or any punishment and matters relating to the service, leave, transfer, pay and allowances of the servants of a Panchayat and the amount and nature of security to be furnished by a servant ; (xxxii) as to the management and regulation of Provident Fund for the servants of a Panchayat, if system of Provident Fund is adopted by a Panchayat with the sanction of the Government.
2. (2) In addition to all these, rules may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the Panchayat not exceeding fifteen rupees, or in case of a continuing breach, not exceeding two rupees for every day during which the breach continues after the first breach for which a penalty has been levied.
3. (3) The Government shall have power to make rules regarding the procedure to be followed in making them and the date from which they come into force.

Rules.--(1) The Government may make rules consistent with this Act for all or any of the following purposes, namely:

1. (a) regulate the collection, removal and disposal of manure and street sweepings :
2. (b) prohibit the use of the water of wells, ponds or other excavations suspected to be dangerous to the public health :
3. (c) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds or other excavations reserved drinking water :
4. (d) regulate or prohibit the steeping of trees or of a plant or trees in or near ponds or other excavations and twenty yards of the residential area of a village ; ( ) verification of deaths and causes of deaths ; ( ) within the limits of the Panchayat ;
5. (p) protection against fire :
6. (q) the disposal of corpse by burning or burial :
7. (r) the cleaning of any filthy building or land ; and the cleaning of any building not fit for human habitation ; the regulation of slaughter houses ; and ( ) the holding of fairs and industrial exhibitions within the Panchayat area or under the control of the Panchayat.

Penalties.--Whoever does or abets the doing of any act in contravention of any of the provisions of section [x x x] 35 or any bye-law or licence issued thereunder or contravenes any other provisions of this Act for which no specific penalty has been provided, shall be punishable by the Panchayati Adalat with fine which may extend to rupees fifty and when the breach is a continuing one further fine which may extend to Rs. 2 for every day after the first conviction during which an offender is proved to have persisted in the offence.

Penalty for damaging Panchayat property.--Whoever removes, displaces wilfully, damages or causes damage through negligence to--

1. (a) embankments or bands constructed by the Panchayat ;
2. (b) any road, pavement, gutter, drain, bridge, or other material of a public street ;
3. (c) any fence, wall or post, lamp post, well, bath room, latrine, radio set, machinery, water pump, water reservoir, hand pump, belonging to the Panchayat ;
4. (d) any other property of the Panchayat ; shall be punishable by the Panchayati Adalat with fine which may extend to two hundred rupees : Provided that no fine shall be imposed if the person or persons concerned have written sanction of the Panchayat or of the prescribed authority to remove or displace any such property of the Panchayat or to do any act in exercise of any right granted by grant or contract sanctioned by Panchayat or such authority.

Penalty for damaging plantation.--(1) Whoever--

1. (a) sets fire to a Panchayat plantation or any part thereof or kindles any fire or keeps any fire burning in such manner as to endanger such plantation ;
2. (b) [E] causes any damage by negligence in felling any tree or cutting or removing any tree ;
3. (c) [c] in such plantation or part thereof, without permission of the prescribed authority, trespasses cattle or damages the same ;
4. (d) fells, girdles, lops or burns any tree or strips off the bark or leaves from or otherwise damages the same ;
5. (e) in such plantation or part thereof, without permission of the prescribed authority, trespasses cattle or damages the same ; shall be punishable by the Panchayati Adalat with fine which may extend to Rs. 15.

1. (2) Nothing in this section shall be deemed to prohibit--
   • (a) any act done by permission in writing of the prescribed authority, or in accordance with the orders of the prescribed authority ;
   • (b) the exercise of any right created by grant or concession made on behalf of the prescribed authority.

Recovery of damages.--If in any case not provided for in section 125, a person has incurred a debt or has caused damage to the property of the Panchayat, he shall be liable to make good such damage or debt. The amount of the damages may be recovered as arrears of land revenue. If the Panchayat directs such person to perform any work, he shall do so within such time as may be specified in the notice, the Panchayat may cause work to be done and may recover all expenses incurred in carrying out such work from the said person in the prescribed manner.

1. (2) Any person who fails to comply with the direction issued under sub-section (1), on conviction by the Panchayati Adalat shall be punishable with fine which may extend to five rupees and in case of a continuing breach, with a further fine which may extend to one rupee for every day after the first during which the breach continues.
2. (3) No notice shall be invalid on account of any defect or omission in its form.

Appeals.--(1) Any person aggrieved by an order or direction made under sections 121, 122, 123, 124 and 125 of this Act or byelaw may, unless otherwise prescribed, within thirty days of the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such authority as the Government may appoint in this behalf who may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal.

1. (2) The authority authorised by the Government under sub-section
2. (1) may, if he thinks fit, extend the period allowed by sub-section
3. (1) for appeal.
4. (3) The decision of the authority authorised by the Government under sub-section
5. (1) shall be final and shall not be questioned in any court of law.

Suspension of prosecution in certain cases.--When an appeal has been filed against an order or direction under section 126, any proceeding to enforce such order or direction and any prosecution for the breach thereof may, by order of the authority authorised by the Government under section 126, be suspended pending the decision of the appeal and if such order or direction is set aside on appeal, disobedience thereof shall not be deemed to be an offence.

Power to compound offences.--(1) Subject to any rules made in this behalf, a Panchayati Adalat may, either before or after the institution of any case, compound an offence under this Act or any rule or bye-law made thereunder on payment of such sum in cash to the Panchayat as may be prescribed.

1. (2) When an offence has been compounded, the offender shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
2. (3) Nothing in this section shall entitle any party to compound any offence which is not compoundable under the provisions of the Code of Criminal Procedure, 1989.

Constitution of Block Panchayat Board.--(1) There shall be constituted a Block Panchayat Board of such number of Panchayats as the Government may determine.

1. (2) Every Block Panchayat Board shall consist of one representative from each Panchayat area in the Block and such persons as may be nominated by the Government from time to time.

Term of office of members of Block Panchayat Board Term of office of members of Block Panchayat Board.--(1) The term of office of a member of the Block Panchayat Board shall be the same as the term of the Panchayat he represents: Provided that a person shall cease to be a member if the Panchayat he represents recalls him or if he becomes subject to any disqualification mentioned in section 8 of this Act for the membership of the Panchayat.

1. (2) When a person is recalled or otherwise vacates the office of the Board, another person shall forthwith be elected by the Panchayat to replace him.

Chairman of Block Panchayat Board.--The Block Panchayat Board shall annually elect from amongst themselves a person who is able to read and write to act as Chairman:

Advisory Functions of Panchayat Board Advisory Functions of Panchayat Board.--The following shall be the functions of the Board:--

1. (1) to advise on the development of the Block in respect of--
   • (a) improvement of communications:
   • (b) improvement of irrigation facilities;
   • (c) opening and locating of Government Ayurvedic hospitals;
   • (d) opening and location of new Veterinary dispensaries;
   • (e) granting of stud bulls for improvement of the breeds of cattle;
   • (f) opening and location of dairy farms, poultry and piggery centres;
   • (g) procurement for distribution within the Block of improved seeds, chemical fertilizers, improved agricultural implements and other material calculated to improve the agricultural produce and for the purpose;
     • (i) opening and location of new schools;
   • (k) medical relief, sanitation and public health;
   • (l) construction and repair of roads;
   • (m) collection and maintenance of statistics;
   • (n) execution of all special schemes of development;
   • (o) supply of drinking water; and
   • (p) any other allied matter.

Place of sitting of Block Panchayat Board and their duration.--The Block Panchayat Board shall sit at such place or places within the limits of its jurisdiction as may be fixed by it. The meetings of the Board shall be public and shall be held at least once a month. The officer-in-charge of the Block shall convene the meetings of the Board in the manner prescribed.

Chairman of the meeting Chairman of the meeting.--At every meeting of a Block Panchayat Board the Chairman, if present, or in his absence or during the vacancy of his office, such one of their number as the members present may elect, shall preside as Chairman. The decision of the majority at any meeting shall be binding in all matters and when the voting is equal the Chairman shall have a second or casting vote.