Chapter III Chapter III

Administrative functions and powers

Compulsory duties of the Panchayat. Provided that nothing in this clause shall be deemed to dispute any duty or confer any power upon the Panchayat with that are made under the administrative control of a Government

1. (b) construction, maintenance in good and embankments on rivers, Nullahs, protection of all agricultural lands, erosion : Provided that the Government may direct Panchayat to repair and construct any embankment or bund or a maintenance of which vests for the time Department ;
2. (c) digging of exit channels, embankments, drains, bridges and taking of other mation for agricultural purposes, of all clod bursts or other calamities ;
3. (d) notwithstanding anything contained in regulation or rule, construction of new irrigation silt clearance, deepening, widening, w&ng condition of all the Kuhls, Nullahs other water courses as are necessary for agricultural and for the Provided that the Panchayat shall not repairs under this section in respect of any Nallah, Kuhl, spring or other water course, specifically vested in the Public Works and Government ;
4. (e) disposal of unclaimed colpses, carcases add nightsoil ;
5. (f) registration of births and deaths ;
6. (g) the cutting of any tree, hedge or public street or situated within a water flow of water : Provided that nothing in this clause shall be deemed to damage the arm or in part of any row tree without the written sanction of the Department concerned ;
7. (h) the excavation, maintenance wells, tube-wells, springs, ponds and tion of machinery for the bathing purposes ;
   • (i) regulating places for offensive matter ;
8. (j) the maintenance of the sanitary conditions of the village ;
9. (l) the provision for public latrines and arrangements to clean them, whether public or private ;
10. (m) sanitation and prevention of epidemic and to stop spread of an epidemic ;
11. (n) the execution of development schemes ; Provided that nothing in clause
12. (B) of this section shall be deemed to dispute any duty or confer any power upon the Panchayat with respect to any subject under the direct administrative control of any Department of the Government or to authorize the Panchayat to interfere with any existing rights.

Discretionary power of the Panchayat.—A Panchayat may at its discretion—

1. (a) [Clause text missing from source]
2. (b) assistance and care of crippled, destitute, blind, etc. and regulation of public festivals and other matters ;
3. (c) the promotion and encouragement of co-operation ;
4. (d) assisting in extinguishing fires and protecting life and property ;
5. (e) relief regarding safety and health ;
6. (f) [Clause text missing/illegible]
7. (g) [Clause text missing/illegible]
8. (l) supply to the cultivators and subject to such restrictions as it required chemical fertilizers, improved live for improving their economic measures to ensure that proper supplied ;
9. (m) organisation of co-operative granaries ;
10. (n) storage of manure in pits for use in the fields of any manure under proper directions that shall be notified by concerned ;
11. (o) plantation of trees including fruit village roads, embankments and other the Panchayat of embankments whose repairs Panchayat ;
12. (p) procurement of improved crops and including use of areas ;
13. (q) the maintenance of markets ;
14. (r) the maintenance of watch and ward, for assistance and for the service of such among them of Government of old debt and generally to law ;
15. (u) the experiments of crops ;
    • (v) any other measure of safety, health, comfort approval of the Government.

Cultivation of land.—Notwithstanding anything contained in any law for the time being in force, it shall be the duty of the Panchayat to develop and bring under cultivation land situated within its area and to Panchayat area remains Panchayat go bring grounds, village roads and other lands that were not open for cultivation under any law for the time being in force :

Construction of buildings Construction of buildings.—Subject to such bye laws as may be sanctioned by the prescribed authority; the Panchayat shall regulate the construction of the new buildings or the extension or alteration of any existing building within the Panchayat area. The Panchayat may order the alteration or demolition of the building which has been erected or re-erected without the sanction of the Panchayat or against the general scheme sanctioned by the Government restricting the erection or re-erection of building or any class of buildings.

Improvement of sanitation.—For the improvement of sanitation, a Panchayat may, by notice, direct the owner or occupier of any land or building taking into consideration his financial position and giving him reasonable time for compliance thereof.—

1. (a) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool, or other receptacle for filth, sullage water, rubbish or refuse pertaining to such land or building or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on a street or drain, or to shut off such latrine, urinal or water-closet by a discreet roof and wall or fence from the view of person passing by or dwelling in the neighbourhood ;
2. (b) to cleanse, repair, cover, fill up, drain or remove from a private well, tank, reservoir, pool, pit, depression or excavation therein, which may appear to the Panchayat to be injurious to health or offensive to neighbourhood ;
3. (c) to clear off any vegetation undergrowth, prickly pear or scrub-jungle ;
4. (d) to remove any dirt, dung, night-soil, manure or any offensive matter therefrom and to cleanse the land or building : Provided that a person on whom a notice under clause
5. (b) is served may, within thirty days of the receipt of the notice, appeal to the prescribed authority against the said notice who may vary, set aside or confirm it.

Provision for vehicle stand.--(1) The Panchayat may set apart, provide and maintain public landing places, halting places and vehicle stands and may levy fee for the use of the same.

1. (2) No private person shall provide a new vehicle stand or extend an existing vehicle stand within the Panchayat area without the sanction of the Panchayat and a licence to do so.

Slaughter house.--(1) A Panchayat may provide and maintain a place for use as a public slaughter house and may levy fees for the use of the same.

1. (2) The Panchayat may prohibit the slaughter of animals at any place in the village except in a public slaughter house maintained by the Panchayat.

Prevention of offences relating to weights and measures.--(1) The Sarpanch of a Panchayat or any person authorised by it may examine and test the weights and measures in the Panchayat with a view to the prevention of offences relating to such weights and measures under the Ranbir Penal Code and shall seize any weights or measures if he has reason to believe them to be false.

1. (2) After seizure the Panchayat shall report the matter to the Magistrate having jurisdiction in the Panchayat area for taking action necessary under law.

Power to require removal of encroachments and nuisances.--A Panchayat may, by notice in writing, require--

1. (a) the owner or occupier of any building to remove any encroachment on a public way or drain;
2. (b) the owner or occupier of any land or building which includes or is attached to a cesspool, tank or place containing or used for the collection of any filth, night-soil or water which is nuisance to the public, to remove it or to do such other work as the Panchayat may deem reasonably necessary;
3. (c) the owner of any well or building which is deemed by the Panchayat to be in any way dangerous, to repair or demolish such well or building;
4. (d) the owner or occupier of any building or property to keep his building or property in a sanitary state.

Power to make recommendation to Block Panchayat Board.--A Panchayat may make recommendations to the Block Panchayat Board regarding the execution of schemes and other administrative matters.

Village meetings.

Power to contract for collection of taxes and other dues from proprietors.--A Panchayat may enter into a contract with the Government or any other local authority under this Act for the collection of taxes and other dues from proprietors on such conditions as may be agreed upon by them.

Joint Committee.--(1) Subject to such rules as may be made in this behalf, two or more Panchayats may combine to form a Joint Committee--

1. (a) to entrust to such Committee powers, with such restrictions as they may deem fit under this Act, to frame any scheme binding on each such Panchayat as to the construction and maintenance of any joint work and as to the powers which may be exercised by any such Panchayat in relation to such scheme;
2. (b) regarding disputes which, in the opinion of the Board, should be referred to it, the decision of which shall be final.

Delegation.--(1) The Government may, by notification, subject to such restrictions or conditions as may be considered necessary to impose, delegate all or any of its powers under this Act, other than the power to make rules, to any officer or to such authority or authorities, as it may, from time to time, notify in this behalf.

1. (2) Two or more Panchayats may, subject to such conditions as may be prescribed, and shall, if so required by any law, rule or order made by rules, appoint the same officer or servant to discharge powers or duties of a similar nature for such Panchayats as a whole.

Panchayat to assist administration.--The Panchayat may, in accordance with rules made under section 119, call for the assistance of the officers of the Government in the performance of their duties within the Panchayat area and such assistance as may be required by the Panchayat.

Right of individual members.--A member of a Panchayat may, at any meeting, move any resolution and put question to the Sarpanch or Naib-Sarpanch on matters connected with the administration of the Panchayat in the manner prescribed.

Staff.--(1) A Panchayat may appoint such staff (other than the Secretary) as may from time to time be necessary: Provided that it shall not create any post not already provided for in the budget except with the previous approval of the prescribed authority.

1. (2) The power to appoint, punish, discharge, dismiss any officer or servant of the Panchayat other than a Secretary shall be vested in the Panchayat but the Panchayat may delegate to such official, subject to such restrictions as may be prescribed, the powers of punishment other than discharge or dismissal.
2. (3) This power shall be rendered without prejudice to the powers of the Government.
3. (4) An appeal from an order punishing an officer or servant shall lie--
   • (a) to the prescribed authority, where such order is passed by the Panchayat; and
   • (b) to the Panchayat, where such an order is passed by an officer to whom such powers have been delegated under sub-section (2).
4. (5) The prescribed authority may, subject to such rules as may be prescribed, transfer any person from the staff of one Panchayat to any other Panchayat or group of Panchayats.

Appointment, dismissal and leave, etc., of Secretary.--(1) The salary of the Secretary shall be paid out of the Panchayat Fund through such authority as may be prescribed in this behalf, who shall issue such directions including directions regarding the payment of his salary, allowance and other dues as may be prescribed. The Secretary shall be appointed by such authority as may be prescribed for every Panchayat or a group of Panchayats.

1. (2) The Secretary shall in the matter of leave, promotion, transfer, dismissal, removal and other disciplinary action, be under the administrative control of the prescribed authority which shall exercise its powers and functions in the manner prescribed: Provided that an order of the prescribed authority removing or dismissing a Secretary shall be appealable within a period and in the manner prescribed in this behalf to such authority as the Government may deem fit.