Formation of commune panchayats

Formation of commune panchayats.--

1. (1) The Government may, from time to time, publish a notification of its intention to constitute a commune panchayat for a local area comprising such number of panchayat villages as it may think fit.
2. (2) Any inhabitant of a local area in respect of which any such notification has been published may submit his objection in writing to anything contained in the notification to the Government within six weeks from the publication of the notification and the Government shall take all such objections into consideration.
3. (3) After the expiry of six weeks from the publication of the notification and after considering the objections, if any, which have been submitted, the Government may, by notification –
   • (a) declare the local area to be a commune panchayat; and
   • (b) specify the name of the commune panchayat.
4. (4) The Government may, by notification –
   • (i) exclude from a commune panchayat, any panchayat village or specified area comprised therein, or
   • (ii) include in a commune panchayat any panchayat village or specified area, or
   • (iii) cancel or modify a notification issued under sub-section (3), or
   • (iv) alter the name of a commune panchayat.
5. (5) Before issuing a notification under sub-section (4), the Government shall give the commune panchayat council or commune panchayat councils and the village panchayat or village panchayats which will be affected by the issue of such notification a reasonable opportunity for showing cause against the proposal and shall consider their objections, if any.
6. (6) The Government may pass such orders as it may deem fit ---
   • (a) for the disposal of the assets of, or institutions belonging to the commune panchayat council which has ceased to exist, and for the discharge of the liabilities, if any, of such commune panchayat council relating to such assets or institutions, or
   • (b) for the disposal of any part of the assets of or institutions belonging to, a commune panchayat council which has ceased to exercise jurisdiction over any panchayat village or any specified area and for the discharge of liabilities, if any, of the commune panchayat council relating to such assets or institutions.
7. (7) An order made under sub-section (6) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and in particular may direct ---
   • (i) that any tax, fee or other sum due to the commune panchayat council or where a commune panchayat council has ceased to exercise jurisdiction over any panchayat village or any specified area, such tax, fee or other sum due to the commune panchayat council as relates to that panchayat village or any specified area shall be payable to such authorities specified in the order;
   • (ii) that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date on which the commune panchayat council ceased to exist, or as the case may be, on the date on which the commune panchayat council ceased to exercise jurisdiction over the panchayat village or specified area shall be disposed of by such authorities as may be specified in the order.