Chapter XVI PROCEDURE

Annual240.EveryAnchal-Sasanshallsubmitto AdminstheStateGovernmentanannualconsolidatedreport report.ontheadministrationoftheAnchalSasaninthe prescribedmanner. |Powersof241.(1)EveryAnchalSasanandeveryCommittee iin"«constitutedunderthisActshallatalltimespermit CellestoroFtheCollectororsuchotherpersonastheState ayPeact~Governmentmayauthorisein thisbehalftohav, bytheaccesstoallitsbooks,proceedingsandrecords. Goverament(2)TheCollectororthepersonauthorised undersub-section(1)shallhavepoweratalltimes toenteronandinspect orcausetobeenteredon andinspected,anyimmovableproperty occupiedby oranyworkinprogressunderthe ordersof,orany institutioncontrolledby,theAnchalSasan, (3)WhenaJointCommitteeof.morethanone AnchalSasancomprisedindifferentdistricts,is appointed,theCollectorofeachoftheconcerned districtsorsuchotherpersonsastheStateGovernment mayauthoriseinthisbehalf,mayexercisealikt powerinrespectoftheproceedingsofsuchJoine Committee. Coneralby242,(1)TheCollectormay,byanorderinwriting suspendtheexecutionofanyreselutionpassed,order issued,orlicenceorpermissiongranted,orprohibit theperformanceofanyactwhichisabouttobe doneorisbeingdoneinpursuanceoforunderthe coverofthisActoranyruleorbye-lawmade thereunder,ifinhisopinion— {@)suchresolution,order,licence,permission oracthas notbeenlegallypassed,issued,grantedor authorised;or (b)such.resolution,order,licence,permission oractisinexcessofthepowersconferredbythis Actorisinconsistentwithany lawforthetimebeing in force. (2)Wheneveran_orderismadebytheCollector undersub-section(1)heshallforthwithreporttothe StateGovernmentintheprescribedmannerand thereupontheStateGovernmentaftergivingthe AnchalSabhaanopportunityofstatingitscase mayconfirm,setasideormodifysuchorderinguch mannerastheymaydeemfit. we

Powers of 243. (1) Lf the Collector is satisfied that an Anchal the State ; A ie crement Sagan has made default in performing any duty for Gefanlt imposed on it under this Act or any other law for Susan. the time being in force, he shall forthwith submit a report to the State Government. (2) On the receipt of @ report under sub-section ( 1) or otherwise after making such enquiry as they may deem necessary, if the State Government are satisfie that the Anchal Sasan has defaulted in performanc® of any duty imposed on it by or under this Act or any other law for the time being in force they may by an order in writing fix a period for the due perfor- mance of the same. (3) If such duty is not performed within the period fixed by the State Government under sub- section (2), the State Government may appoint some person to perform the same and may direct that the expenses of performing it, including a reasonable remuneration to the person. so appointed, shall forth- with be paid out of the Anchal Fund. (4) If such expense and remuneration are not go paid within a reasonable time the State Govern- ment may make an order directing the person having the custody of the balance of the Anchal Fund to make payment therefrom either in whole or in part as the State Government may direct. Compulsory 244, If an Anchal Sasan makes default in the Roi arehal payment of any sum, the amount whereof is fixed Fund. or has become payable by virtue of any order made by the State Government or by any authority other than the Anchal Sasan in exercise of any of the powers conferred by this Act or any rule made thereunder, the State Government may make an order directing the person having the custody of the balance of the Anchal Fund to make such pay- ment either in whole or in such part as is possible from such balance : Provided that no order shall be made by the State Government directing payment of any amount until an opportunity has been given to the Anchal Sasan concerned to show cause why such order shall not be made, unless the State Government considers that the Anchal Sasan has already stated, or had already ample opportunity of stating its case. ‘Sapereossion 245. (1) If in the opinion of the State Govern- Sabb. ment any Anchal Sabha persistently makes default in the performance of the duties imposed on it by or

under this Act or any other law for the time being in force or exceeds or abuses its powers, they may state the grounds for such opinion and call upon the Anchal Sabha within such time as may be speci- fied to show cause why it should not be superseded. On consideration of such explanation as may be submitted by the Anchal Sabha within the time specified, the State Government, in case they decide to supersede the Anchal Sabha, shall notify their final orders in the Gazette, (2) When an Anchal Sabha is srperseded under sub-section (1) the following consequences shall ensue— (@) all Members of the Anchal Sabha and Members of all Committees constituted under this Act shall from the date of the said notification be deemed to have vacated their seats or offices ; (0) pending the formation of another Anchal Sabha the State Government may nominate an officer not below the rank of a Deputy Collector to exercise all the powers on behalf of the Anchal Sabha subject to such general orders or special directions as the State Government may from time to time issue in this behalf. ‘ Re-cleotion 246. (1) Immediately after issue of a notification under sub-section (1) of section the State Govern- ment shall direct that the election shall be held forthwith and the Anchal Executive Officer shall thereupon be competent to hold the election for filling of the vacancies in the prescribed manner. (2) If after fresh election held under sub- section (1) the Anchal Sabha so elected makes default in the performance of duties imposed on it by or under this Act or any other law for the time being in force or exceeds 6r abuses its powers, the State Government may follow the procedure laid down in the foregoing section and supersede the Anchal Sabha for a specified period not exceeding three years. Enquiry into 247. (1) When the State Government directs te assis an enquiry to be made by any of their officers in the Basan. affairs of the Anchal Sasan under the provisions of this Act, the officer holding such enquiry shall have the powers of a Civil Court under the Code of Civil Procedure, to take evidence and to eompel v of the attendance of witnesses and the production of documents for the purposes of the enquiry.

138: (8) ‘Phe State Government nay make .orders as to the costa of the inquiries made under sub-section ra) and’as to the parties-by whom and ‘the funds out of which they shall. be paid; and “such due may, on the application. of the State Government or of any person named therein,’ be realised as an. arrear land revenue. : . Right of | 248. Any officer authorised by the State _Govern- Sheca. ment in this behalf shall be ‘entitled to attend any mectings meeting of an Anchal Sabha or any” Committee constituted under this Act and. address. it on any matter affecting the work of any department in which “he is concerned, y Protestion249,WhentheCollectororanypersonappointed feomlegalbytheStateGovernmentlawfallytakesactionfor an Anchal Sasan under the provisions of this Act or the rules made thereunder, he shall have all such powers as are necessary for the purpose and shall be entitled to the same protection. under this. Act, as the Anchal Sasan or its. officers or employeos, - whose powers he is exercising have and. the. compensation shall be recoverable from the Anchal Fund by any person suffering damage from the exercise of such powers to the extent, as if the action had been taken by the Anchal Sasan or its officers or employees. Delegation. ; 250. The State Government may by notification of powers of authorise any person or authority to exercise in regard © Govemment. to any Anchal Sasan any one or more of the powers vested in them by this Act except the power to make rules, the power to determine contributions payable and the power’ to sanction’ prosecution under sec- “” » tion and may in the like manner withdraw such

‘authority.

AND PENALTIES Prosedure ©. . 254.. Except as' otherwise expressly provided “ ° far recovery under this Act and without prejudice to the provi- of dues. “gions of any law for the time being in force for the realisation of dues, all dues, costs, daraages, compen- sation, “penalties, charges, fees (other than school fees), expenses, rents (not being rents for land and buildings demised by the Anchal Sasan), contribu- ‘tions and other sums which under this Act or any other jaw or rules: or byo-laws made thereunder are due from any person to the Anchal-Sasan may be gecovered in the prescribed manner. ‘

‘Limitation, Procedure fortaking cognizance. Serviceof notice, Prohibition removalor obliteration ofnotice. Prohibition againstauit, Noticeof suit.

252,Nodistraintshallbemade,andnosuit shallbeinstituted,andnoprosecutionshailbe commenced,inrespectofanysumduetotheAnchal SasanunderthisActexceptduesinconnectionwith landrevenues,rentsandcessesunderthisAct, aftertheexpirationofaperiodofthreeyearsfrom the dateonwhichdistraintmightLavebeenmade, asuitmighthavebeeninstitutedorprosecution mighthavebeencommenced,asthecasemaybe, inrespectof suchsum, 253,Exceptasotherwiseexpresslyprovidedin thisAct,nocourtshalltakecognizanceofany offencepunishableunderthisActoranyruleor bye-lawmadethereunder,exceptonthecomplaint oftheAnchalExecutiveOfficerorsomeperson authorisedeithergenerallyorspeciallybytheAnchal ExecutiveOfficerinthisbehalf, 254,TheserviceofeverynoticeunderthisAct onanypersonshall,inallcasesnototherwisespecially providedforinthisAct,beeffectedintheprescribed mannerbyanAnchalOfficeroremployeeauthorised bytheAnchalSabhainthisbehalf,oronsuchterms asmaybeagreedbytheAnchalSabhainthisbehalf, byanyofficeroremployesoftheStateGovernment.

behalfremove,destroy,defaceorotherwiseobliterate anynoticeexhibitedoranysignormarkerected,by orundertheordersoftheAnchalSabha,itsChair- man,ortheAnchalExecutiveOfficer.

againstanyAnchalSasanestablishedunderthisAct, oranypersonactingunderthedirectionofanysuch AnchalSssan, oranyemployeeoftheAnchal Sasaninrespectofanythinglawfullyandingood faithdoneunderthisActoranyruleorbye-law madeunderit. 257.-(1)Nosuitshallbeinstitutedagainstany AnchalSasanestablishedunderthisActoragainst anyMember,officeroremployeethereof,orany rsonactingunderthedirectionofanysuchAnchal asan,officeroremployee,foranythingdoneor urportingtobedoneunderthisAct,oranyruleor ye-lawmadeunderit,untiltheexpirationoftwo monthsafternoticeinwriting,statingthecauséof action,thenameandtheplaceofresidenceofthe intendingplaintiffandthereliefwhichheclaims, hasbeen,inthecaseofanAnchalSasandeliveredor

leftatitsoffice,andinthocaseofanyMember, officer,employeeorpersonasaforesaid,deliveredta himorleftathisofficeorusualplaceofresidence. (2)Everysuchsuit,unlessitisasuitforthe recoveryofimmovablepropertyorforthedeclaration oftitlethereto,shallbedismissedunlessitisinstitu~ tedwithinoneyearfromthedateofcauseofaction andunlessserviceofnoticeasaforesaidisadmitted orproved. (3)Nothinginthissectionshallbedeemedto applytosuitsinstitutedundersection54ofthe SpecificReliefAct,1877. Compound-258.(1)TheStateGovernmentmaybyrules ingofo-empowertheExecutiveCommitteetoacceptfrom any person against whom a bona fide suspicion exists that he has committed an offence against anyprovisionofthisActoranyruleorbye-law made thereunder, a sum of money by way of compositionforsuchoffence. (2) On payment of such sum of money the suspected person shall be discharged and no further proceedings shall be taken against him in regard to the offence or alleged offence so compounded. (3) The State Government ma; by rule specify the offences which shall be compoundable and the power under sub-section (1) to accept composition for alleged offences'may be given either generally in regard to all such offences or particularly in regard only to specified offence or offences of a specified class, Dinbitity o¢ . 259. The Chairman, Vice-Chairman, or any Choirman, member of the Anchal Sabha, or of any of the mes, ‘ow. committees constituted under this Act, may, with being legsl the previous sanction of the said Sabha, appear Te spear ‘,as a legal practitioner on behalf of the Anchal cortainlegal Sasan in any suit or legal proceedings to which Proceeding® the Anchal Sasan is a party, but shal] not in any such snit or proceedings appear against the Anchal Sasan. Power to 960. (1) Ifany Grama Panchayat, Municipality provide for or Notified Area Council in the Anchal defaults in Performance Horforming any duty imposed on it by or under this indefeultof Act or does not comply with any orders passed under Ghemte ow. the provisions of this Act or the rules or bye-lawa made thereunder, the Anchal Sabha may after giving reasonable opportunity to such Grama

Astlof1878

Certified e0picg, Permission tousecorti fledcopies a6ovisee 138\< Panchayat, Municipality or’ Notified: “Area: Counoil to Tepresent its case within ‘a ‘specified time and after due, consideration thereof ‘by resolution ‘fix a period for the performance of that duty or com- pliancewiththeaaid order. . (2) If such duty' is not performed or ‘the -order is not complied with within the time so fixed, the Anchal Executive Officer may, by himself or by any person authorised by him in this behalf, catry out the same and may direct that the expenses incurred in that behalf including a reasonable remuneration to the person appointed to perform the same shall be a charge on the Funds of the Grama Panchayat, Municipality or Notified Area Council, as the cage . may be, (3) If such expensé’and remuneration are noé paid as directed the Anchal Executive Officer may make an order directing the person having the custody of the Fund of the Grama Panchayat, Municipality or Notified Area Council, to make payment -therefrom and such person shall make payment forthwith as directed. (4) The Anchal Executive Officer or any person carrying out the directions under this section shati have’ the same protection under this Act’ as’ the officers or employees ‘of the Anchal Sasan carrying out the duties of the Anchal Sasan, 261. A copy -of any receipt, application, plans notice, order, entry in a register or other document in the possession of an Anchal Sasan shail, if duly ~ certified by the legal keeper thereof or other person authorised by any rule or bye-law in. this behalf, bex. , received as prima. facie evidence of the existence :of the entry or.document. and shall be. admitted as” evidence .of -the matters and transactions _ therein . recorded in every.-case, in which, and to, the same .; extent, as the original entry or document would, if produced, have been admissible to prove ‘such matters. 262. No officer or employee of an Anchal Sasan shall in any legal proceeding, to which an Anchal Sasan is not a party, be required. to, produce, am register or document, -the 1.PatalGoruda(RawevolflaSerpentina} 2.Kenduleaves 3.Lae 4.Khair -

SCHEDULEV OrnvivaryPENaLrizs (Seesection263(1)]

®eetionsSub-SubjectFinewhichmay. sectionsbeimposed 1z34 * 183oyDisobeyingnoticeprohibitingtheuseofwaterFiverupees towhichpublichaveaccess. 185(1)Failuretoobeynoticetoclearorcleansebuil-Ditto dingorlandinfilthystate orovergrownwith noxiousvegetation. (2)FailuretoobeytocleanseordisinfecttheDitto building. 188(3:Disobeyingdirection todisinfectclothing,bed-Ditto dingorotherarticleslikelytoretaininfection, 189Failuretoobeynotice toclosepublicplacesOnehundred duringtheprevelenceofanydange.ousrupees, epidemicdisease. 190qyFailureto registeranyplaceforthedisposalofTenrupees dead. (3)Disposalofdeadbodiesatanyplace otherthan|Ditto aregisteredburialground. 191(1)OpeningorusinganyplaceforthedisposalofFiftyrupees thedeadwithoutlicensefromGramaPancha-° ‘at. 192(2)FailuretoobeynoticeprohibitinguseofanyTenrupees burialorburning ground. 202UnlawfulbuildingofwallorerectingoffenceOnehundred inoroveranypublicroad.rupees. 203{l)Failuretotakedown,secureorrepairdangerousFivehuxdred structureadjoiningapublieroad.rupees. 204(1)Allowingdoors,groundficorwindowtoopen}Onehundred outwardsupon anypublic.roadwithoutlicense,rupees. (2)Disobedienceofnoticetoalterdoors,gates,etc.Ditto withaviewtopreventingprojectionover publicroad. 205(1)Failuretoobeynoticetosecurelop orcutdown}Fiftyrupees dangeroustrees. 20612)Pailuretoremoveoralterencroachmentobstruc-|Twohundred tingviewoftraffic.rupees, 208Disobeyingthedirection todiscontinuethe}Fiftyrupees °workofdangerousquarries. 209Felling,removing,destroying,loppingorstrip-Ditto: pingbarkorleaveorotherwisedangerous treesgrowingonroadsorlandsvestedin AnchalSasan. 255RemovalorobliterationofnoticeexhibitedbyDitto orunderordersofanAnchalSabha,its ChairmanorAnchalExecutiveOfficer.

SCHEDULEVI PENALTIESFORCONTINUINGBRHACHES {Seesection263(2)]

Sub-Dailyfinewhich SectionsectionSubjectmaybeimposed iorclause 12 3 4 185(1)Failure*toobeynoticetoclearorcleanseFiverupees buildingorlandinfilthystateorovergrown withnoxiousvegetation. ) (2) Failure to obey to cleanse or disinfect building Ditto 188(3)Diaobeyingdirectiontedisinfecttheclothing,Sritto beddingorotherarticleslikelytoretain | infection. : .. +. Failure to obey notice to close public places Twenty rapeea |duringtheprevalenceofanydangerous epidemicdisease.. iol(1)Openingorusinganyplaceforthedisposai|Tenrupeesper | of the dead without license from Grama] every occasion, . Panchayat. | Unlawful building of wall or erecting of fonce | Twenty rupess inoroveranypublieroad. (1) Failure to take down, seonre or repair dangerous) Twenty rupees - structure adjoining a public road. ' (1) Allowing doors, groundfloor windows to open Five rupees ,outwardsuponanypublicroadwithoutlicense,| (2) Disobedience of noice $0 alter doors, gates, ete., Ditto withaviewtopreventingprojectionover publicroad. (2) Failure to obey notice to secure, lop or cut down! Ditto dangeroustrees. (1) Failure to remove or alter encroachment Ditto obstructingviewoftraffic. . 208Disobeying.thedirectiontodiscontinuetheDitto workofdangerousquarries.