Power to make rules

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.