Chapter IV FUNCTIONS, DUTIES AND POWERS OF GRAMA PANCHAYAT ADHYAKSHA AND UPADHYAKSHA

58. Functions of Grama Panchayat. - 1[(1) The Grama Panchayat shall perform the functions specified in Schedule I: 1. Sectio n 1 and 1A substituted by Act 29 of 1997 w.e.f. 20.10.1997. Provided that where the State Government or Central Government provide funds for the performance of any function specified in Schedule I, the Grama Panchayat shall perform such function in accord ance with the guidelines or norms laid down for performing such function. (1A) Notwithstanding anything contained in sub -section (1) and Schedule I, it shall be obligatory on the part of a Grama Panchayat in so far as the Grama Panchayat fund at its disposal will allow, to make reasonable provision within the panchayat area in regard to the following matters, namely: - (i) providing sanitary latrines to not less than ten per cent of the households every year and achieve full coverage as early as possible ; 2[(i-a) providing sanitary latrines to all new house constructed every year”; and]2 (ii) constructing adequate number of community latrines for the use of men and women and maintaining them; (iii) maintaining water supply works either on its own o r by annual contract by generating adequate resources; (iv) revising and collecting taxes, rates and fees periodically which are leviable under (v) ensuring universal enrollment of children in primary school; (vi) achieving universal immunis ation of children; (vii) ensuring prompt registration and reporting of births and deaths; (viii) providing sanitation and proper drainage; (ix) construction, repair and maintenance of public streets; (x) removing encroachments on public streets or public places; (xi) providing adequate number of street lights and paying electricity charges regularly; (xii) filling -up insanitary depressions and reclaiming unhealthy localities; (xiii) destruction of rabid 3[and to conduct animal birth control me asures to control the number of street dogs, ownerless dogs ]3 (xiv) maintenance of all community assets vested in it; (xv) maintenance of records relating to population census crop census, cattle census, census of unemployed persons and persons below p overty line; (xvi) earmarking places away from the dwelling houses for dumping refuse and manure.]1 1[(xvii) protecting the biodiversity]1 70 (2) The Grama 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, educati on, comfort, convenience or social or economic well being of the inhabitants of the panchayat area. (3) The Grama Panchayat may, by a resolution, passed at its meeting and supported by two -thirds of its total number of members 1[x x x]1 (a) make provision for or make contribution towards, any exhibition, conference or seminar within or outside the panchayat area but within the district; or (b) make contribution to any medical, educational or charitable in stitutions or any other institutions of public utility, within the panchayat area which are registered under the Karnataka Societies Registration Act, 1961, Karnataka Co -operative Societies Act, 1959 or under any other law for the time being in force. 1[(4) The Gram Panchayat shall be an institution of local self Government and the state shall, subject to availability of funds, endow the Gram Panchayat with the powers, authority, functions, functionaries and funds as may be necessary to enable them to func tion as institutions of local self -Government. (5) It shall be the duty of every Gram Panchayat, to meet the needs of people of the panchayat area and shall have powers to administer the matters enumerated in schedule I and also as elaborated in the respo nsibility map in respect of Gram Panchayats and to prepare and implement schemes for economic, social, cultural development for the realisation of social justice for all, subject to the availability of the Gram Panchayat fund at its disposal to make reason able provision within the panchayat area in regard to the following matters, namely: – (i) to ensure an environment that is safe and congenial for all citizens to exercise their rights in an atmosphere of freedom and liberty and to act on measures suggeste d by the respective Habitation sabha, Ward Sabha and Gram Sabhas to protect its people against every form of abuse and exploitation; (ii) to act against hazards identified by the Habitation Sabha, ward Sabha and Gram Sabhas and to implement measures for t he safety, security and freedom of all person residing in the panchayat; (iii) to protect the rights and interests of the disenfranchised and the people belonging to the vulnerable sections of society and also to monitor and prevent practices that tend to violate their rights and to take all measures at their command to safeguard the dignity and freedom of the individual; (iv) to make efforts to prevent the economic, social, religious or sexual exploitation of any citizen of the panchayat by any individua l or group or establishment; (v) to promote communal harmony and unity among all groups of people. (vi) to ensure that all functions, meetings and dealings of the Gram Panchayat including meetings of the habitation sabha, ward Sabha and Gram Sabhas are he ld in an environment that is congenial for the free and active participation of women and the weaker sections and to maintain an environment that is conducive to the participation of women, the scheduled castes and scheduled tribes and the backward classes in every office of a panchayat; (vii) to identify the capacity building needs of the elected members and the staff of the panchayat, identify appropriate resource persons and ensure that their capacity is strengthened if necessary with the assistance of t he Taluk and zilla panchayat; 71 (viii) to ensure that the office of all Panchayats and public buildings under its management and control have ramps for the physically disabled; (ix) to provide for a baby care centre or crèche in the building or complex withi n the panchayat area as may be required; (x) to organise and promote cultural festivals, literary activities and sports meets to nurture and promote physical education and the art and culture of the area and give expression to the talents of the people of the panchayat and to equip them with the skills to manage the affairs of the panchayat in accordance with the Act and rules; (xi) to promote programmes of adult education, de -addiction and family counseling within the panchayat area; (xii) to promote scien tific processing of cowdung pits and agricultural waste; (xiii) to spread awareness on issues of water conservation, preservation of natural habitat and recycling of bio degradable waste; (xiv) to promote economic development of all with a special focus on women, youth, scheduled castes and scheduled tribes, backward classes and weaker sections through the promotion of agriculture, village industries, small enterprises and cooperatives; (xv) to promote cooperation among residents and all co -operatives in th e area with a view to enabling economic development and social harmony; (xvi) to facilitate the formation of self -help groups for the social and economic advancement of women, farmers and labourers. (xvii) to report the concerned authorities regarding mone y-lending activities which are in violation of the usurious loans Act and money lending Act to the concerned authorities so as to prevent the exploitation of people in the Panchayat area; (xviii) to plan and design systems for knowledge management and the maintenance of all records including those related to caste wise population census, crop census, cattle census, census of unemployed persons and persons below poverty line; (xix) to be a “front office” for all official requirements of the residents of Gram a Panchayat and attend to their needs either through addressing them if within the purview of the Gram Panchayat or to follow up with other panchayats or Government agencies; (xx) to take steps for disposal of carcasses; and (xxi) to protect and nurture t he bio -diversity of the area; (6) (i) with the assistance of the habitation sabha, ward sabha and Gram Sabhas, the Gram Panchayat shall once in five years collate the plans of the Gram Sabhas reflecting the needs of all residents and the requirements for the development of their areas in order to compile and draw up a forward looking plan called the vision plan; (ii) in order to determine the priority of the economic, social, cultural and environmental development programmes and schemes to be implemented in the area of the Gram Panchayat, the Gram Panchayat shall collate all the plans approved by the Gram Sabhas taking into account the interests of every group constituting the Gram Panchayat for inclusion in the vision plan and the annual development plan s of the Gram Panchayat and this plan shall be placed before the Gram Sabha and forward to the taluk planning and development committee (TPDC) with a copy to the Taluk Panchayat; (iii) the Gram Panchayat shall also make provisions for carrying out any oth er work or programme or take such measures to promote the health, safety, education, comfort, convenience or social or economic well -being of the inhabitants and for the protection of the environment within the panchayat area. (iv) subject to availability of funds and guidelines issued by the Government, plans approved by the Gram Sabhas shall be considered by the Gram Panchayat; (v) to ensure that the priority of economic, social, cultural and environmental development programmes and schemes to be implem ented in the area are based on the “priority ranking” method, the Gram Panchayat shall take into consideration and give due weightage to backwardness of the area, urgency of need of the people within the area, level of impact and coverage. 72 (7) subject to availability of funds, the entrustment of every function to the Grama Panchayat shall result in the vesting of the respective functionaries and funds in the Grama Panchayat ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

1[58A. - Duties of Grama Pancha yat to report regarding Bonded Labour System etc. - It shall be obligatory on the part of a Grama Panchayat to report in such form and at such intervals as may be prescribed to the Deputy Commissioner or to any other authority specified by the Government in this behalf, any case of enforcement of Bonded Labour System which stood abolished under the Bonded Labour System (Abolition) Act, 1976 (Central Act 19 of 1976) in the Panchayat Area failing which it shall be construed as a default in the performance of duties imposed on it for the purpose of section 268.]1

practices that denigrate human dignity.

58C. Duty of Gram Panchayat to prevent sexual harassment of women. – It shall be the duty of Gram Panchaya t to report to the concerned authorities, sexual harassment of women in work places, educational institutions and at other public places within the panchayat area.

other than Revenue Land

58E. Duty to mai ntain hygiene. – Every Gram Panchayat shall take steps to, - (a) maintain hygiene in the panchayat area and for that purpose it shall inspect and regulate the activities of individuals or establishments that are engaged in the catering of food, water and other consumables within the panchayat area. (b) provide clean environment free from open defecation and garbage.

58F. Dangerous quarrying, bore wells, open wells and ponds. – It shall be the duty of every Gram Panchayat to report acts of quarrying, drilling bore wel ls, excavating open wells or ponds as to prevent nuisance or danger to the inhabitants and to take steps together with the appropriate Government departments ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

59. Assignment of functions. - (1) The Govern ment may, by notification and subject to such conditions as may be specified therein, - (a) transfer to any Grama Panchayat the management and maintenance of a forest situated in the panchayat area; (b) make over to the Grama Panchayat the Management of waste lands, pasture lands or vacant lands belonging to the Government situated within the panchayat area; (c) entrust the Grama Panchayat with the collection of land revenue on behalf of the Government and the maintenance of such records as are conne cted therewith; (d) entrust such other functions as may be prescribed: 73 Provided that no entrustment under clause (c) shall be made without the concurrence of the Grama Panchayat concerned: Provided further that when any transfer of the management and m aintenance 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 Grama Panchayat. (2) The Govern ment may, by notification, withdraw or modify the functions assigned under this section.

60. General powers of the Grama Panchayat. - Grama Panchayat shall have powers to do all acts necessary for or incidental to the carrying out of the functions entruste d, assigned or delegated to it and in particular and without prejudice to the forgoing powers, to exercise all powers specified under this Act.

1[60A. Mode of making contracts, – (1) every contract or agreement entered into on behalf of the Gram Panch ayat for execution of works or for supply of goods or services shall be in accordance with the provisions of this section and the Karnataka transparency in public procurement Act . 1999. (2) The panchayat development officer shall execute the contract or agreements on behalf of the Gram Panchayat in respect of matters which he is empowered to carry out under the provisions of any law for the time being in force and such contract or agreement shall be executed up to such amount of value of the contract or a greement as may be prescribed by the government from time to time.

60B. Community contracts. – Notwithstanding anything contained in any other law for the time being in force, the Gram Panchayat may, on the recommendation of gram sabha award any contract for execution of any work or works of the panchayat or to supply any goods or services to any group of residents who have come together as self help group of beneficiaries within panchayat area who have contributed not less than ten percent of the value o f work executed by the Gram Panchayat, to undertake and execute the works up to twenty lakhs at rates fixed by the government as a first choice ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

1[61. Standing committees. – (1) Every Gram Panchayat shall h ave the following standing committees constituted from among members by election, namely: – (i) General standing committee to perform functions relating to agricultural production, animal husbandry and rural industries and poverty alleviation programmes, education, public works and other functions of the Gram Panchayats, supervision of public works for investigation and reporting on complaints raised by the Gram Sabha about poor quality, pilferage and misappropriation of funds in the execution of works. (ii) Finance, audit and planning standing committee to perform the functions relating to the finance of the Gram Panchayats, framing of budgets, scrutinizing proposals for increase of revenue examinations of receipts and expenditure statement, considerat ion of all proposals affecting the finances of the Gram Panchayats and general supervision of the revenue and expenditure of the Gram Panchayats and any other function relating to the development plan of the Gram Panchayat, information and statistics. Every Gram Panchayat shall collate and store the vision and annual plans, data related to the census, surveys conducted, PRAs and data concerning rural development, details of central and State Government schemes in progress, data relating to agricultural practices and other information of importance to farmers, data concerning physical infrastructure index and assets and resources relating the Panchayat raj system in general and Gram Panchayats in particular that shall assist the Gram Panchayat to fine tun e their plans and budget outlays. (iii) Social justice standing committee for; – 74 (a) promotion of educational, economic, social, cultural and other interest of the scheduled castes and scheduled tribes and backward classes, protection of such castes and c lasses from social injustice and any form of exploitation; (b) Welfare of women and children. The social justice committee shall address women’s concerns and issues such as the empowerment of women by achieving their social, cultural and economic develo pment and to protect them against crimes of domestic violence, sexual harassment etc., within the Gram Panchayat. Functions of the social justice committee shall include tendering of advice to the panchayat on promoting gender friendly programs by ensuring adequate facilitations for women at schools, offices, factories, hospitals and other public places and go about their daily lives in freedom and dignity: Provided that, the social justice committee shall consist of at least one member who is a women and o ne member from either the scheduled castes or scheduled tribes whichever has more number of elected members. The social justice committee shall elect one person among scheduled caste or scheduled tribe as the chairman of the committee. (2) The committees m entioned in sub -section (1) shall have power to co -opt one or two computer technicians conversant with web designing and organisation and maintenance of electronic portals. (3) The Adhyaksha of Gram Panchayat shall be the ex -officio chairman of the financ e, audit and planning standing committee. The Upadhyaksha shall be the chairman of the general standing committee”. (4) Election of members of standing committee shall be held as soon as may be after the general election of members of Grama Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of term of office of the members of the Standing Committee. (5) The term of office of every member of the Standing Committee shall, other than ex-officio chairman be thirt y months from the date of the election or till he ceases to be a member of the Grama Panchayat, whichever is earlier. (6) (a) Each Committee shall consist of not less than three and not more than five members including the Adhyaksha and Upadhyaksha, as the case may be. (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 i n the panchayat area shall be co -opted to the Standing Committee. The rights and liabilities of the co-opted members shall be such as may be prescribed. (7) The Standing Committees shall perform the functions referred to above to the extent the powers ar e delegated to them by the Grama Panchayat. ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

61B.

Powers and duties of the Adhyaksha and Upadhyaksha.

63. Power of Grama Panchayat as to roads, bridges etc. - All village roads and bridges thereon, cart tracks, drains, wells and other public places in the panchayat area not being private property and not being under the control or management of Zilla Panchayat, Taluk Panchayat, Municipal Council, 1[Town Panchayat, Industrial Township]1, or the Government shall vest in the Grama Panchayat and the Grama Panchayat may do all things necessary for the maintenance and repair thereof, and may, - (a) lay-out and make new roads; (b) construct new bridges; (c) widen, open, enlarge or otherwise improve any such roads or bridges; (d) 1[xxx]1 divert, discontinue or close any road or bridge; and (e) deepen or otherwise improve any water way: 1[Provided that no road or bridge shall be diverted, discontinued or closed before the Grama Panchayat publishes its intention of doing so]1. 76

64. Regulation of the erection of buildings. - (1) Subject to such rules as may be prescribed, no person shall erect any building or alter or add to any existing building 4[or erect advertisement hoarding ]4 3[2[XXX]3 or set up mobile towers atop or alongside or in any vacant space within the premises ]2 or reconstruct any building without the written permission of the Grama Panchayat. The pe rmission may be granted on payment of such fees as may be specified by bye -laws. (2) If the Grama Panchayat does not, within sixty days from the receipt of the application determine whether such permission should be given or not and communicate its decisi on to the applicant, such permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye -laws made under this Act. (3) Whenever any buildi ng 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 Grama Panchayat may, whether any action is taken or not agains t such person under section 298, - (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 a s it may deem necessary for the promotion of public health or prevention of danger to life or property. (4) In the event of non -compliance with the terms of any notice under clause (b) of sub - section (3) within the period specified in the notice, it shall be lawful for the Grama 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 Grama 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 section 199. (5) An appeal shall lie to the 1[Executive officer]1 from any order or direction or notice of the Grama Panchayat under sub -section (1), (2) or (3) and his decision on such appeal shall be final. 2[(5A) Gram Panchayats shall strictly comply with the provisions of the Town and Country Planning Act, 1961 in the matter of issue of building license or approvals of housing or residential layouts. Any approval in violation of any of the provisions of the town and country planning Act, 1961 shall be construed as “misconduct” for which the concerned officer or official shall be liable for disciplinary action. ]2 (6) Any appeal under sub -section (5) pending before the Public Works an d Amenities Committee of the Zilla Parishad shall on the date of commencement of the Karnataka Panchayat Raj Act, 1993 stand transferred to the Assistant Commissioner and such appeal shall be decided by him as if it had been filed before him. 2. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

without permission.

66. Permission for the construction of factories and the installation of machinery. - No person sha ll, without the permission of the Grama Panchayat and except in accordance with the condition specified in such permission, - (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 (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.

67. Prohibiti on of offensive or dangerous trades without licence. - No place within the jurisdiction of Grama 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, exce pt under a licence granted or renewed by the Grama Panchayat and subject to such conditions as may be imposed in the licence.

68. Control of hotels etc. - No place within the jurisdiction of a Grama Panchayat shall be used as a hotel, restaurant, eating ho use, coffee -house, sweetmeat shop, bakery, boarding house or lodging house (other than a hostel recognised by the Government), or a dharmashala or for manufacturing ice or aerated water except under a licence granted or renewed by the Grama Panchayat and e xcept in accordance with conditions specified therein.

69. Licensing of shops. - No place within the jurisdiction of a Grama Panchayat shall be used as a shop whether permanently or temporarily, other than a shop referred to in section 68 and 69 except und er a licence granted or renewed by the Grama Panchayat and except in accordance with the conditions specified therein.

70. Provisions applicable to permissions and licences under sections 66, 67, 68 and 69. - (1) A permission shall be granted under section 66 and a licence under sections 78 67,68 and 69 shall be granted or renewed, only on payment in advance of such fee as may be prescribed. (2) The Grama Panchayat may, for reasons to be recorded in writing refuse to grant the permission under section 66 or t o grant or renew a licence, or suspend or cancel a licence granted or renewed , under sections 67, 68, and 69 for default of any of the conditions subject to which the licence was granted. 1[(2A) save as otherwise provided in this Act, every application for a license or permission under this Act or rule, bye-law or regulations made thereund er, or for the renewal thereof, shall be made not less than thirty days and not more than nin ety days before the earliest date with effect from which, or the comm encement of the p eriod (being a year or such less period as is mention ed in the application) for which the li cense or permission is required. (2B) for every license or permission, fees may be charged on such units and at such rates not exceeding the maximum presc ribed as may be fixed by the Gram Panchayat . Provided that for every license for hoardings, the fees may be charged at such rates as s p e c i f i e d in schedule IV (2C) if orders on an application under sub -section 2A are not communi cated to the applicant within sixty days the application sh all be deemed to have been sanctioned subject to such conditions ordinarily imposed for the period, if any, for which it would have been ordinarily sanctioned. Provided that in times of election or otherwise the application c annot be processed the orders on an application shall be communicated within a period of ninety days. (2D) when an order of deemed sanction under sub -section 2C has been issued and the concerned Adhyaksha and the panchayat development officer is responsi ble for issue of such order, it shall be considered as a misconduct and the Adhyaksha shall be proceeded under section 48 and the Panchayat Development Officer shall be proceeded under the relevant service law, applicable to him. (2E) the acceptance of the pre-payment of the fee for any such license or permission shall not entitle the person making such prepayment to the license or permission, but only to a refund of the fee in case of refusal of the license or permission. (2F) if an act, for which any such license or permission is necessary is done without such license or permission, or in a manner inconsist ent with the conditions of the license or permission obt ained, the licensing authority of the Gram Panchayat may by notice require the person to alter, remove, or as far as practicable restore to its original state, the whole or any part of any property, movable or immov able, public or private affected thereby within a time specified in the notice]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. (3) Any person aggrieved by the refusal to grant permission under section 66 or to grant or renew licence, or by the suspension or cancellation of a licence under sub -section (2) may, within thirty days of the date of the communication of the order, appeal t o the 1[Executive officer]1 and his decision on such appeal shall be final. (4) Any appeal under sub -section (3) pending before the General Standing Committee of the Zilla Parishad shall on the date of c ommencement of the Karnataka Panchayat Raj Act, 1993 stands transferred to the Assistant Commissioner and such appeal shall be decided by him as if it had been filed before him. 79

71. Transfer of institutions or works to Grama Panchayats. - Subject to such r ules as may be prescribed, the Deputy Commissioner or Zilla Panchayat or Taluk Panchayat or any private person or body of persons may, with the consent of the Grama Panchayat and subject to such conditions as may be agreed upon, make over to it the managem ent of any institution or the execution or maintenance of work or the performance of any duty within the area over which it has got control.

72. Obstructions and encroachments upon public streets and open sites. - (1) Whoever not duly authorised in this be half, within the limits of a panchayat area, - (a) shall 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) shall 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 aqueduct in such street or places, shall on conviction, be punished with fine which may extend to one hundred rupees and with further fine which may extend to five rupees for every day on which such projection encroachment, obstruction or deposit continues after the date of first conviction for such offence. (2) The Grama Panchayat shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorised obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the Grama Panchayat or not. The expenses 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 section 199. (3) Whoever, not being duly authorised in that behalf, removes earth, sand other than sand used for domestic purposes 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 two hundred rupees, and, - (i) in the case of an encroachment, with further fine which may extend to two rupees for every day on which the encroachment continues after the date of first conviction; (ii) in the case of removal of ear th, sand or other material, twice the value of such earth, sand or other material shall also be recoverable as a fine. (4) Nothing contained in this section shall prevent the Grama Panchayat from allowing any temporary occupation of or erection in any pu blic street on occasions of festivals and ceremonies or the piling of fuel in by -streets and sites for not more than four days, and in such manner as not to inconvenience the public or any individual.

73. Power to name streets and number buildings. - (1) T he Grama 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) No person shall destroy , remove, defac e 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 Grama Panchayat. (3) Any person who destroys, removes, injures, alters or defaces any such name or numb er or puts any name or number different from that put up by order of the Grama 80 Panchayat and any owner of any premises who does not at his own expenses 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.

74. Removal of structures, trees etc., which are in ruins or likely to fall. - (1) If it appears at any time to the Grama Panchayat that any building or any part thereof or any tree or branch of a tree is in a ruinous s tate or is likely to fall or is in any other way dangerous to any person occupying, resorting to or passing by the such building or the part thereof, or the tree or the branch of the tree, the Grama Panchayat may by written notice require the owner or occu pier of such building or trees as the case may be, - (i) to pull down, lop or cut down; or (ii) to secure; or (iii) to remove; or (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 a ll causes of danger therefrom. (2) If it appears to the Grama 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 r epair the said building or tree, as the case may be, or take such steps as may be required to arrest danger. (3) Any expenses incurred by the Grama Panchayat in this behalf may be recovered from the owner or occupier of the building or tree, as the case m ay be, as if it was a tax imposed under section 199. (4) The Grama 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, a nd after being satisfied that the objection which is raised is invalid or insufficient.

75. Power as to sanitation, conservancy and drainage. - (1) If it appears necessary to improve the sanitary condition of any area within its jurisdiction a Grama Pancha yat may, by a 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 occupie r 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 Grama Panch ayat; (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 nei ghbourhood 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 or to take such other action therewith, as may be deemed necessary by the Grama 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 neighborhood or an impediment to efficient ventilation, to ca use it to be cleared of the vegetation, under -growth, prickly pear or jungle; 81 (2) If any work required by a notice under sub -section (1) is not executed within the period specified in the notice, the Grama Panchayat may itself cause such work to be carrie d 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 section 199.

76. Contribution from persons having control over places of pilgrimage, etc. - (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 Grama Panchayat or in the neighbourhood thereof and att racts either throughout the year or on particular occasions a large number of persons, any special arrangement necessary for the public health, safety or convenience whether permanent or temporary shall be made by the Grama Panchayat , the Deputy Commissio ner may after providing sufficient opportunity to the Board of Trustees or other persons having control over such place require him or it to make such recurring or non -recurring contribution to the funds of the Grama Panchayat as he may determine in such m anner as may be prescribed. (2) The Board of Trustees or other persons required to make a contribution under sub - section (1) may appeal to the Commissioner against any determination made by the Deputy Commissioner. (3) Any contribution directed to be pai d under sub -section (1) shall be recoverable as an arrears of land revenue.

77. Power for providing adequate water supply. - (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 Grama Panchayat may, - (a) construct, repair and maintain tanks or wells and clear streams 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 utilise, 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 purposes of this section. (2) The Grama 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 purposes, 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 Grama Panchayat. (3) The Grama 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 purpo se 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.

78. Power of Grama Panchayat to make bye -laws regarding provision of water supply. - Subject to such rules as the Government may make in this behalf, a Grama Panchayat may make bye -laws for conserving and preventing injury to sources and means of water supply and appliances for the distribution of water whether within or without the 82 limits of the Grama P anchayat, 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 Grama Panchayat water works and pipes and fittings in conne ction therewith whether the property is of the Grama Panchayat or not.

1[79. Appointment of Joint Committees. - (1) Two or more Grama Panchayats within a Taluk, or within two or more Taluks in a district, or a Grama Panchayat and one or more other local aut hority or statutory body, for any specific purpose common to all of them, or for any purpose in which they are jointly interested or for which they are jointly responsible, may by like resolution passed by each of them, appoint a Joint Committee for such p urpose. (2) A Committee constituted under sub -section (1), shall be competent to co -opt in such manner as may be prescribed, the residents of the Panchayat areas concerned. (3) The Joint Committee may, i nclude 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 shall not exc eed one -third of the total number of members of the Joint Committee. (4) The Government may by general or special order provide for the following matters, namely: - (a) the procedure of the Joint Committee; (b) The total number of members of the Committee; (c) The number of members to be appointed or elected under sub sections (2) and (3); (d) The manner of election or appointment under sub -sections (2) and (3); (e) The term of Office; (f) The powers of the committee which shall not be in excess of the powe rs that can be exercised by the local authorities or statutory bodies concerned; (g) the provisions of funds to the Joint Committee and its administration; (h) the manner of selection of the chairperson of Joint Committee; (5) The Joint Committee may be di ssolved after serving the purpose for which it was constituted. (6) The Government may issue such direction as it thinks necessary in regard to the distribution of its assets and liabilities when the Joint committee is dissolved]1.

80. Power of entry. - Any member, officer or servant of a Grama Panchayat may enter into or upon any building or land with or without assistance or workmen, in order to make any inspection or execute any work for any of the purposes of this Act: Provided that, - (a) no such entr y shall be made between sunset and sunrise; (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 Adhyaksha or by a person duly authorised by him in this beh alf of the intention to make such entry; and (c) due regard shall be had in making such entry to the social and religious usages of the occupants of the premisses entered. 83

81. Filthy buildings etc. - 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 Grama Panchayat a nuisance to persons residing in the neighborhood or overgrown with prickly pear or rank and noisome vegetation ,and w ho shall not, within a reasonable time after notice in writing from any person authorised by the Grama Panchayat in this behalf to cleanse, clear or otherwise put the same in a proper state, have compiled with the requisition contained in such notice, sha ll, 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 first convic tion.

82. Powers and duties in regard to sources of water supply. - The Secretary or any officer authorised by the Grama 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 sources of water supply shall, whether it is private property or not, - (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 reasona ble 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 Grama Panchayat directs protect any such source of water supply from pollution by surface drainage, o r (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 Grama 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 Grama Panchayat, be otherwise prevented, close either temporarily or permanently, or fill up or enclose or fence in such manner as the Grama Panchayat considers suffici ent 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 Grama Panc hayat considers is injurious to health or offensive to the neighborhood; (b) within twenty four hours of such notice repair, protect or enclose in such manner as the Grama Panchayat may direct or approve any source of water supply, whether used for drinki ng 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 Grama Panchayat dangerous to the health or safety of the public or of any persons h aving occasion to use or to pass by or approach the same.

83. Remedy for non -compliance with directions issued. - 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 un der the provisions of section 83, Grama 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 section 200: 84 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 person having control may, if the Grama Pan chayat so directs, be paid from the Grama Panchayat fund.

84. Power to set apart public springs etc., for certain purposes. - The Grama Panchayat may by public notice which shall be put up at the spring, tank or other places concerned and otherwise as req uired 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 washing clothes or animals or for any other purposes calculated to promote the health, cleanliness, com fort or 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.

85. Power to prohibit use of water from certain sources. - The Grama Panchay at may, during epidemics, on receipt of a certificate from any medical officer in the employ of the Taluk Panchayat, Zilla Panchayat or of the Government stating that such action is desirable, summarily by notice prohibit the use of water from any source t o 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 Grama Panchayat may from time to time extend or modify the per iod of prohibition without the production of a further certificate.

86. Penalty for using water for certain purposes. - Whoever, - (a) bathes on, or defiles, the water in any place set apart for drinking purposes by the Grama Panchayat or, in the case of private property, by the owner thereof, or (b) deposits any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes, or (c) washes clothing in any place set apart as aforesaid for drinking or bathing , or (d) washes any animal or any cooking utensils or wood, skins, or other foul or offensive substance, 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 (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 purposes or for bathi ng or for washing clothes, or (f) uses water from any source in contravention of the provisions of section 85, 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.

87. Abatement of nuisance from foul water. - When any pool, ditch, tank, pond, well, hole, or any waste or stagnant water, or any channel, o r 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 the neighborhoo d, 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 measure as shall, in his opinion be necessary to abate or remove the nuisance. 85

88. Closing of places for the disposal o f the dead. - (1) If the Grama 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, t herefor to the Assistant Commissioner. The Assistant Commissioner may thereupon, after such further inquiry, if any, as he shall deem fit to cause to be made by notification direct that such place shall cease to be so used from such date as may be specifie d in that behalf in the notification. (2) A copy of the said notification shall be published in the local newspapers, if any, and shall be pasted up at the Grama Panchayat office and in one or more conspicuous spots on or near the place to which if relate s. (3) Any person who buries or otherwise disposes of any corpus 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.

89. Power of entry into building, etc., where infectious disease exists. - The Secretary or a ny person authorised by the Grama 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. N o such inspection shall be made except between sunrise and sunset.

90. Disinfection of buildings, etc. - If the Secretary is of opinion that the cleansing or disinfecting of a building or premises or of a part thereof or of any articles therein likely to retain infection , would tend to prevent or check the spread of any infectious disease 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 th at 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 pu rpose may cause such articles to be removed from such building or premises and the expenses incurred under this section shall be recoverable in the manner provided in chapter XIII from the said owner or occupier unless he was by reason of poverty unable ef fectively to comply with the requisition.

91. Articles exposed to infection. - (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 i nfectious disease may be washed or disinfected. (2) The Secretary may direct the destruction of clothing, bedding, or other articles likely to retain such infection. (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.

92. Registration of burial and burning grounds. - (1) Every owner or person having the control of any place used at the comm encement 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 Grama Panchayat to have such place registered under this Act. 86 (2) If it appears to such Grama Panchayat that there is no owner or person having control of such place, the Grama Panchayat shall assume such control, and register such place or may close it.

93. Licensing of places for disposal of the dead. - (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 Grama Panchayat. (2) Such application for a licence shall be accompanied by a plan of the place to be licenced 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 Grama Panchayat may require. (3) The Grama Panchayat to which an application is made, may, - (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 Grama Panchay at have been removed or any particulars called for by it have been furnished.

94. A book to be kept of places registered, licensed, or provided. - (1) A book shall be kept at the office of every Grama Panchayat in which the places registered, licensed or provided under section 92 or section 93 shall be recorded. (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.

95. Prohibition against burying or burnin g, in unauthorised places. - No person shall in any panchayat area bury, burn or otherwise dispose of or cause or suffer to be buried, burnt or otherwise disposed of 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 92 or licensed under section 93, or provided by the Grama Panchayat.

96. Notice of burials, etc., to be given to Grama 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 Grama Panchayat.

97. Public landing places, carts stand etc. - Save as otherwise provided in this Act and subject t o such rules as may be prescribed a Grama Panchayat, may, (a) provide public landing places, halting places, and cart stands (which last expression includes stands for any animals and vehicles of any description) and levy fees for their use; and (b) wher e 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 Grama Panchayat may 1[x x x]1 specify.

98. Regulation of huts. - 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 Grama 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 Grama 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 87 shed is built without obtaining previous permission of the Grama Panchayat, the Grama Panchayat may give written notice to the owner or builder thereof or to the owner or the occupier of the land on which the sa me 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 consideration, the Grama Panchayat ma y think fit.

99. Power for making drains. - (1) In order to carry out any drainage scheme, it shall be lawful for a Grama 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) The Grama Panchayat or any officer authorised 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 Grama Panchayat has been already constructed or may repair or alter any drain vested in the Grama Panchayat. (3) In the exercise of any power under t his section, no unnecessary damage shall be done, and due compensation shall be paid by the Grama Panchayat to any person who sustains damage by the exercise of such power.

100. Sufficient drainage of houses. - (1) If any building or land in a panchayat a rea is, at any time, under drained, or not drained to the satisfaction of the Grama Panchayat, the Grama 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 suc h 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, or (b) a covered cess pool t o be provided by such owner. (2) It shall not be lawful newly 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 a nd description, at such level, and with such fall, as shall appear to the Grama 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 Grama Panchayat to be necessary for the purposes of gathering and receiving the drainage from , and conveying the same off, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith. (3) The drain to be constructed as aforesaid shall empty into a Grama Panchayat drain, or into some place legally set apart for the discharge of drainage situated at a distance not exceeding sixteen met ers from such building, but if there is no such drain or place within that distance, then such drain shall empty into such cess pool as the Grama Panchayat directs.

101. Power of owner or occupier of buildings or lands to drain into Grama Panchayat drain s.- The owner or occupier of any building or land within a panchayat area shall be entitled to cause his drain to empty into sewer of the Grama Panchayat, provided that he first obtains the written permission of the Grama Panchayat and that he complies with such conditions as the Grama Panchayat prescribes as to the mode in which and the 88 superintendence under which the communications are to be made between drains not vested in the Grama Panchayat and drains which are so vested.

102. Right to carry drain t hrough land or into drain belonging to other persons. - (1) If the owner or occupier of any building or land within a panchayat area desires to connect the same with any Grama Panchayat drain by means of a drain, to be constructed through 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 Grama Panchayat. (2) Thereupon the Grama Panchayat after giving to such other person a reasonable opportunity of stating any obje ction, may, if no objection is raised or if the objection raised is insufficient, authorise 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 payme nt 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) 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 fulfilling as far as possib le 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 th e provisions of this Act, to do all such work as may be necessary, - (a) for the construction or connection of the drain as may be authorised by the said order; (b) for renewing, repairing, or altering the same as may be necessary from time to time; or (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. (4) In executing any work under this section as little damage as possib le 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.

thereon.

104. Provision of privies, etc. - (1) In case a Grama 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 89 privies in or on any building or land or that additional water closets should be provided therein or thereon, the Grama Panchayat may, by written notice, call upon the owner of such building or land to provide such privies, cesspools or wa ter closets as the Grama Panchayat may deem proper. (2) A Grama 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 urinal as the Grama Panchayat may direct, and to cause the same to be kept in proper order, and to be daily cleansed. (3) A Grama 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 the 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.

105. Cost of altering, repairing and keeping in proper order privies etc. - (1) All sewers, drains , privies, water closets, house -gullies and cesspools within a panchayat area shall, unless construc ted at the cost of the Grama Panchayat be altered, repaired, and kept in proper order at the cost and charges of the owner of the land and buildings to which the same belong, or for the use of which they are constructed or continued, and the Grama Panchaya t 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) The Grama 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 Grama Panchayat, is a nuisance, or is so constructed as to be inaccessible for the purposes of scavenging or incapable of being properly cleansed or kept in good order.

106. I nspection of drains, etc,. - (1) A Grama 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 l ands 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) The expenses of such inspection, and of causing the ground to be closed and made good as before, shall be borne by the Grama 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 Grama Panchayat in force a t 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 Grama Panchayat.

107. Dangerous quarrying. - If in the opinion of a Grama 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 neighborhood thereof or creates or is likely to cre ate a nuisance, the Grama Panchayat may, by written notice, require the owner of the said 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 order with such quarry or place as the Grama Panchayat shall direct 90 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 wo rking 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 Grama Panchayat sha ll not take such action unless and until the Director of Mines and Geology or the person authorised by him in this behalf has consented to its so doing: Provided further that the Grama Panchayat shall immediately cause a proper hoarding or fence to be put up for the protection of passers by 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 Grama 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 Grama Panchayat.

108. Using offensive substance, etc. - Whoever, except with the written permis sion of a Grama Panchayat and except in the manner, if any, enjoined in such permission stores or uses night soil or other substance emitting an offensive smell other than cattle manure shall, on conviction, be punished with fine which may extend to one hu ndred rupees.

109. Emission of smoke. - (1) It shall be lawful for a Grama Panchayat to direct by public notice that every furnace employed or to be employed, in any works or buildings used, for the purpose of any trade or manufacture whatsoever, within t he limits of the Grama 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 for as may be practicable the smoke arising from such furnace. (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 work or building 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 for the repair of road.

CHAPTER IVA

DUTIES AND REPONSIBILITIES OF PACHAYAT MEMBERS

110A. Duties and responsibilities of panchayat members. – It shall be the duty and responsibility of every member of the panchayat to, – (a) effectively represent the interests of every section of panchayat a nd local constituencies; (b) fairly and impartially, respond to enquiries and representation made by resident in a panchayat; (c) provide community leadership by representing the views of the community; (d) maintain the highest standards of conduct and ethics ; (e) serve only in the public interest and shall never discriminate to confer an advantage or disadvantage on any person; (f) promote equality by not discriminating a gainst any person and by treating people with respect regardless of their race, age, religion, gender (sex) or disability; (g) make provision to the people to gain access to information to which he is entitled; (h) desist from participating in any discussion or vo te where he has pecuniary interest in any matter and withdraw from the meeting during the consideration of such matter; (i) scrutinize the performance of the panchayat in achieving the priorities and targets which are set; and (j) attend the priorities set by the Government and to decide how best those priorities can be delivered in a local context; (k) take part in the good governance of the area and actively encourage involvement of residents of Panchayat in decision making ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25. 02.2016. CHAPTER V STAFF OF GRAMA PANCH AYATS 1[and the Karnataka panchayat administrative service ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. 92