The Punjab Gram Panchayat Act, 1952

(1) This Act may be called the Punjab Gram Panchayat Act, 1952. (2) It extends to the States of Punjab and Haryana and the Union Territory of Chandigarh in areas transferred from the erstwhile State of Punjab transferred to the Union territory of Himachal Pradesh under the Punjab Reorganisation Act, 1966 (Act 31 of 1966). (3) It shall come into force at once.

The Punjab Village Panchayat Act is hereby repealed. But notwithstanding such repeal, anything done or any aciton taken in exercise of powers conferred by the repealed Act shall be deemed to have been done or taken under this Act to the extent that it is not inconsistent with the provisions of this Act.

In this Act, unless the context otherwise requires— (a) ‘adult’ means a person, male or female, who has attained the age of 21 years ; (b) ‘building’ means any shop, house, hut, out-house, shed, or stable, whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever ; and includes a wall and a well ; (c) “by-laws” means by-laws made by the Panchayat under this Act ; (d) “common land” means land which is not in the exclusive use of any individual and has by usage, custom or prescription been reserved for the common purposes of village community or has been acquired for such purposes ; (g) “Gram Panchayat” means the Panchayat constituted under Section 5 of this Act ; (h) “Government” means the State Governments of Punjab and Haryana and the Administrators of the Union territories of Himachal Pradesh and Chandigarh in relation to the areas falling with in their territorial limits as specified in Part II of the Punjab Reorganisation Act, 1966 (Act 31 of 1966). (i) (i) “Panch” means a member of Gram Panchayat, or an Adalti Panchayat elected or appointed under this Act and includes a Sarpanch ; (ii) A Panchayat means a Gram Panchayat and includes an Adalti Panchayat ; (iii) “Panchayat Samiti” means a Panchayat Samiti constituted under the Punjab Panchayat Samitis and Zila Parishads Act and having jurisdiction over the Sabha area. (j) “prescribed” means prescribed by rules made under this Act ; (k) “public place” means any place, building, or structure situated within the jurisdiction of the Gram Panchayat area to which the public has free access ; (l) “public servant” means a public servant as defined in section 21 of the Indian Penal Code, 1860 (XLV of 1860) and shall include a panch and a sarpanch ; (m) “public street” means a pathway, lane, square, court, alley, or passage in a village which the public has a right to use and includes the drains or gutters on either side of the land upto the defined boundary of any abutting property, notwithstanding any projection over such land of any veranda or other super-structure ; (mm) ‘Sabha’ means a Gram Sabha established under section 5 ; (mmm) ‘Sabha area’ means an area declared to be a Sabha area under section 4 ; (n) “Schedule” means the Schedule appended to this Act ; (o) “sub-committee” means a sub-committee appointed under section 33 of this Act ; (oo) “Sub-Divisional Officer” means the Officer-in-charge of a Sub-Division of a District constituted for revenue and general purposes ; (p) “tax” includes a cess, duty, fee, rate, toll or other impost leviable under this Act ; (q) “village’’ means any local area, recorded as a revenue estate in the revenue records of the district in which it is situated ; (r) “watercourse” means any channel which is maintained for the supply of water to fields and includes all subsidiary works connected with such channel ; (s) the expressions “offence’’, “non-bailable offence”, “cognizable offence’’, “complaint’’, “officer-in-charge of a police station”, and “police station” have the same meaning as in section 4 of the Code of Criminal Procedure, 1898 ; (t) the expressions “decree”, “decree-holder”, “judgment debtor’’, “legal representative” and “movable property” have the same meaning as in section 2 of the Code of Civil Procedure, 1908 ; (u) the expressions “landowner”, “tenant”, “rent” and “land revenue’’ have the same meaning as in the Punjab Land Revenue Act, 1887, or any other Act for the time being in force.

(1) Government may, by notification, declare any village or group of contiguous villages with a population of not less than five hundred to constitute one or more Sabha areas : Provided that neither the whole nor any part of— (a) a Notified Area under section 241 of the Punjab Municipal Act, 1911 or any other Act for the time being in force; or (b) a Cantonment; or (c) a Municipality of any class ; shall be included in a Sabha area unless the majority of voters in any Notified Area or Municipality of the Third Class desire the establishment of a Gram Sabha in which case the assets and liabilities, if any, of the Notified Area Committee or the Municipal Committee, as the case may be, shall vest in the Gram Sabha thereafter established and the Notified Area Committee or the Municipal Committee shall cease to exist : Provided further that the Government may, in any particular case, relax the limit of five hundred. (2) Government may, by notification, include any area in or exclude any area from the Sabha area. (3) If the whole of the Sabha area is included in a municipality, Cantonment, or Notified Area under section 241 of the Punjab Municipal Act, 1911, or any other Act for the time being in force the Sabha shall cease to exist and its assets and liabilities shall be disposed of in the manner prescribed.

(1) Government may, by notification, establish a Gram Sabha by name in every Sabha area. (2) Every Gram Sabha shall, by the name Notified under sub-section (1), be a body corporate having perpetual succession and a common seal, and, subject to any restriction by or under this Act or any other law, shall have power to acquire, hold, administer and transfer property, movable or immovable, and to enter into contracts, and shall by the said name sue or be sued and do all such things as are necessary for which it is constituted. (3) Every person who, for the time being, is entered as a voter on the electoral roll of the Punjab Legislative Assembly, the Haryana Legislative Assembly, the Himachal Pradesh Legislative Assembly and the Parliamentary constituency of the Union Territory of Chandigarh for the time being in force, and pertaining to the Sabha area, as the case may be, shall be a member of the Sabha of that Sabha area.

(1) Every Sabha shall, in the prescribed manner, elect from amongst its members a Chairman of the Sabha and an executive committee consisting of such number of persons not being less than five or more than nine including the Sarpanch of the Executive Committee as the Government may determine taking into account the population of the Sabha area : Provided that if no woman is elected as a Panch of any Sabha, the woman candidate securing the highest number of votes amongst the women candidates in that election may be co-opted by the Panchayat as a Panch of that Sabha and where no such woman candidate is available the prescribed authority shall co-opt as such Panch a woman member of the Sabha who is qualified to be elected as a Panch. (2) The Chairman shall also be called the Sarpanch of the Executive Committee which shall be styled as the Gram Panchayat and the members thereof to be called Panches. (3) Every woman co-opted as a Panch under the proviso to sub-section (1) shall have the right to vote in a meeting of the Gram Panchayat. (4) The election shall be by secret ballot and direct vote in the manner prescribed and the prescribed number of candidates securing the highest number of valid votes shall be deemed to have been duly elected : Provided that for the period expiring on 26th January, 1970— (a) every Gram Panchyat shall, subject to the provisions of sub-clause(b), have one panch belonging to the Scheduled Castes if their population is five per centum or more of the population of the Sabha area concerned ; (b) every Gram Panchayat with seven or more panches shall have two panches who are members of Scheduled Castes if the population of the Scheduled Castes is ten per centum or more ; (c) if the required number of successful candidates does not include one or two members from the Scheduled Castes, as the case may be, then the Scheduled Caste candidate or candidates, as the case may be, securing the highest number of votes from amongst themselves shall be deemed to have been elected as the last, or the last two panches ; (d) in case the requisite number given in sub-clauses (a) and (b) of members of Scheduled Castes are not elected in the manner given above, the prescribed authority shall make up the deficiency by nominating duly qualified person or persons of such castes: Provided further that the expiry of the period referred to above shall not affect the Constitution of a Gram Panchayat existing at the time : Provided further that if Government is of the opinion that the basis of population adopted for the purposes of determining the representation of members belonging to Scheduled Castes for any particular Gram Panchayat is incorrect, with the result that the requisite number of panches belonging to such castes is not elected, the Government may nominate the required number of duly qualified person or persons of such castes as additional Panches on such nomination being made the number of panches determined under sub-section (1) shall be deemed to have been increased by the number of panches so nominated. The number of the Panches so increased and their term of office shall cease to have any effect after the next election of the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determined afresh under sub-section (1). (5) No person who is not a member of the Sabha and who— (a) is not qualified to be elected as a member of the Legislative Assembly ; or (b) has been convicted of any offence involving moral turpitude unless a period of five years has elapsed since his conviction ; or (c) has been subjected to an order by a criminal court and which order in the opinion of Government or of the officer to whom Government has delegated its powers of removal, implies a defect of character unfitting him to be a Sarpanch or Panch, unless a period of five years has elasped since the date of order ; or (d) has been convicted of an election offence ; or (e) has been ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898 ; or (f) has been notified as disqualified for appointment in public service, except on medical grounds ; or (g) is a whole-time salaried servant of any local authority or State or the Union of India ; or (h) is registered as habitual offender under the Habitual Offenders (Control and Reform) Act or any other Act for the time being in force ; (i) is an undischarged insolvent ; or (j) has not paid the arrears of the tax imposed by the Gram Panchayat or the Panchayat Samiti ; or (k) is an employee of Sabha or Gram Panchayat ; or (kk) is a member of either House of Parliament or of the Legislature of the Punjab State ; or (l) is a tenant or lessee holding a tenancy or lease under the Gram Sabha or is in arrears of rent of any lease or tenancy held under the Gram Sabha, or is a contractor of the Gram Sabha ; shall be entitled to stand for election as, or continue to be a Sarpanch or Panch : Provided that if, on the commencement of the Punjab Gram Panchayat (Amendment) Act, 1963, a member of either House of Parliament or of the Legislature of the Punjab State is holding the office of a Sarpanch or Panch such member shall not be disqualified under clause (kk) to continue as a Sarpanch or Panch, as the case may be, for the term of his office : Provided further that a member of either House of Parliament or of the Legislature of the Punjab State may be elected as a Sarpanch or Panch if, along with his nomination paper he gives a written undertaking to the effect that he shall resign his membership of either House of Parliament or of the Legislature of the Punjab State, as the case may be, and so resigns before taking the oath under sub-section (1) of section 9.

(1) A Gram Panchayat shall exercise powers as an ordinary Panchayat, and shall have jurisdiction over matters laid down in Schedule I-A.

Whenever a vacancy occurs by the death, resignation or removal of a Panch, or Sarpanch, as the case may be, a new Panch or Sarpanch shall be elected in such manner as may be prescribed, and the person so elected shall hold office for the unexpired portion of the term for which the person in whose place he was elected would have otherwise continued in office.

If for any reason a Sarpanch or number of Panches are not elected, or a new vacancy remaining or not filled within the time prescribed the prescribed authority may appoint the necessary number of duly qualified persons as a Sarpanch or Panch, as the case may be, and any such person shall hold office for the unexpired portion of the term for which the person in whose place he was appointed would have otherwise continued in office.

(1) Every Sabha shall hold two general meetings in each year, one after the harvesting of Sawani crop (hereinafter called the Sawani meeting) and the other after the harvesting of the Hari crop (hereinafter called the Hari meeting) on such dates as may be fixed by the Panchayat Samiti.

The Sabha shall at its Sawani meeting consider the budget prepared by the Gram Panchayat and at its Hari meeting consider the reports of the working of the Gram Panchayat and draw out development plan for the Sabha area.

In this Chapter, unless the context otherwise requires,— (a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election with the written consent of such person; (b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate; (c) "corrupt practice" means any of the practices specified in section 13-U; (d) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; (e) "election" means an election to fill the office of a Sarpanch or Panch; (f) "electoral right" means the right of a person to stand or not to stand as, or to withdraw from being a candidate or to vote or refrain from voting at an election; (g) "pleader" means any person entitled to appear and plead for another in a Civil Court and includes an Advocate.

No election of a Sarpanch or Panch shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.

If the prescribed security is not furnished in the prescribed manner or the petition is not presented within the period specified in section 13-C, the prescribed authority shall dismiss the petition; Provided that the petition shall not be dismissed without giving the petitioner an opportunity of being heard.

The Deputy Commissioner of the district concerned may, at any stage after notice to parties and for reasons to be recorded, withdraw any election petition pending before a prescribed authority and transfer it for trial to another prescribed authority within his district; and upon such transfer, that prescribed authority shall proceed with the trial from the stage at which it was withdrawn; Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.

Any appearance, application or act before the prescribed authority may be made or done by the party in person or by a pleader duly appointed to act on his behalf: Provided that it shall be open to the prescribed authority to direct any party to appear in person whenever the prescribed authority considers it necessary.

The prescribed authority shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters:— (a) discovery and inspections; (b) enforcing the attendance of witnesses and requiring the deposit of their expenses; (c) compelling the production of documents; (d) examining witnesses on oath; (e) granting adjournments; (f) reception of evidence taken on affidavit; and (g) issuing commissions for the examination of witnesses; and may summon and examine suo moto any person whose evidence appears to it to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898). Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the prescribed authority shall be the limits of the Union Territory of Chandigarh.

Notwithstanding anything in any enactment to the contrary, no documents shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

No witness or other person shall be required to state for whom he has voted at an election.

The reasonable expenses incurred by any person in attending to give evidence may be allowed by the prescribed authority to such person, and shall, unless the prescribed authority otherwise directs, be deemed to be part of the costs.

An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

Any order as to costs passed under this Chapter may be produced before the principal civil court within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (2) of section 13-Q, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to insufficiency of the amount of the security deposit referred to in that sub-section.

The corrupt practices specified in section 13-U shall entail disqualification for membership of any Gram Panchayat for a period of five years from the date on which the finding of the prescribed authority as to such corrupt practice has been given: Provided that the Government may, for reasons to be recorded, remove the disqualification or reduce the period thereof.

(1) A Gram Panchayat or a group of Gram Panchayats shall have a Secretary who shall be appointed by the panchayat Samiti in the manner prescribed: provided that any person appointed as Secretary of any Gram Panchayat or a group of Gram Panchayats before the commencement of the Punjab Gram Panchayats (Amendment) Act, 1963, shall be deemed to have been appointed by the Panchayat Samiti. (2) Subject to such rules as may be made in this behalf, the Panchayat Samiti may, for making payment of the remuneration, leave salary and allowances to the Secretary so appointed or deemed to have been appointed, levy contributions from the Sabha Funds concerned in such proportion as may be fixed by it. (3) Subject to such rules as may be made in this behalf a Panchayat Samiti may, either suo motu or on receiving a report from the Gram Panchayat, transfer, suspend, dismiss or otherwise punish a Secretary of a Gram Panchayat or a group of Panchayats. (4) It shall be the duty of the Secretary, under the general supervision of the Sarpanch, to assist the Gram Panchayat or Gram Panchayats, as the case may be, in the discharge of its or their functions under this Act or under any other law for the time being in force.

(1) Subject to such rules as may be made in this behalf and with the previous approval of the Panchayat Samiti, a Gram Panchayat may employ such other servants as are considered necessary for carrying out the duties imposed on it by this Act and may suspend, dismiss or otherwise punish such servants. (2) A Gram Panchayat shall pay the remuneration to such servants out of the Sabha Fund.

A Gram Panchayat may, in accordance with rules made under this Act— (a) establish and maintain a provident fund on behalf of its servants; and (b) grant a gratuity to any servant subject to the previous approval of the Director.

(1) Subject to such rules as may be prescribed, it shall be the duty of the Gram Panchayat, within the limits of the funds at its disposal, to make arrangements for carrying out the requirements of the Sabha area in respect of the following matters including subsidiary works and buildings connected therewith— (a) any public place including its sanitation and drains; (b) wells, water-pumps, baolies, spring, ponds and tanks for the supply of water for drinking, washing and bathing; (c) burial and cremation grounds; (d) the lighting of public places; (e) building for the accommodation of travellers; (f) pounds for animals; (g) the relief of the poor; (h) public health and sanitation; (i) the organization and celebrations of public festivals, other than religious festivals; (j) the improvement of the breeds of animals used for agricultural or domestic purposes; (k) public gardens, playgrounds, establishment and maintenance of recreation parks, organization of games and sports, supply of sports materials and holding of tournaments; (l) libraries and reading rooms; (m) the voluntary registration of the sales of cattle, camels, and horses; (n) the development of agriculture and village industries, and the destruction of weeds and pests; (o) starting and maintaining a grain fund for the cultivators and lending them seed for sowing purposes on such conditions as the Gram Panchayat may approve; (p) the construction, repair and maintenance of public places and buildings of public utility; (q) allotment of places for preparation and conservation of manure; (r) construction and maintenance of culverts and bridges; (s) the laying out of new roads and pathways and maintenance of existing ones; (t) framing and carrying out schemes for the improved methods of cultivation and management of land to increase production; (u) supply of water for domestic use and for cattle; (v) the organization of Young Farmers’ Club and Mahila Mandal for the organization of games and sports and execution of developmental, social and cultural works in the Sabha area; (w) planning and preservation of trees; (x) measures to promote the moral, social and material well being or convenience of the inhabitants of the Sabha area; (y) promotion of pisciculture; (z) community listening; (zz) organizing of village voluntary force for watch and ward and for assisting the Gram Panchayat in the discharge of its functions. (2) Subject to such exceptions as Government may, by general or special order, make, a Gram Panchayat may, and shall, if Government so directs or prescribes make provisions for:— (a) the establishment, maintenance and management of maternity and child welfare centres and the construction and repair of all buildings connected therewith; (b) medical relief and first-aid; (c) the promotion of agricultural credit and of measures including establishment of provision and implement stores and credit centres to relieve rural indebtedness and poverty; (d) establishment and maintenance of first-aid centres for animals; (e) relief against famine or other calamity; (f) providing such educational facilities as may be deemed necessary and desirable; and (g) any other matter which Government may declare to be fit and proper to be taken under the control and administration of the Gram Panchayat. Provided that nothing in this section shall be deemed to impose any duty or confer any power on the Gram Panchayat with respect to any matter which is under the direct administrative control of any department of Government or local authority, unless such duty or power has been transferred or delegated to the Gram Panchayat by order of Government or, as the case may be, of the local authority. Provided further that where Government makes any such direction, Government shall from time to time allot to the Panchayat such funds or place at the disposal of the Gram Panchayat such sources of income as it may deem sufficient. (3) It shall be the duty of the Gram Panchayat within the Sabha area to perform— (a) the duties of the Panchayat under the Village and Small Town Patrol Act or any other Act for the time being in force; and (b) such duties of village headmen in connection with village watchmen as Government may prescribe by rules under section 39-A of the Punjab Laws Act, 1872 or any other Act for the time being in force.

Notwithstanding anything to the contrary in the Punjab District Boards Act, 1883 or any other Act for the time being in force the district board may and shall, if so required by Government, delegate any of the following duties to the Gram Panchayat, namely— (a) any matter under the direct administrative control of the District Board; (b) the maintenance or improvement of any property under the control or management of the District Board; (c) the control and management of cattle pounds which are under the control of the District Board: Provided that the funds necessary for the performance of the duties so delegated shall be placed by the District Board at the disposal of the Gram Panchayat, and in case of default the Government may, by an order in writing, direct the person having the custody of the District Board Fund to place the fund at the disposal of the Gram Panchayat.

(1) A Gram Panchayat on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a conditional order requiring within a time to be fixed in the order:— (a) the owner or the occupier of any building or land— (i) to remove any encroachment on a public street, place or drain; (ii) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cess-pool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to a street drain, or to shut off such latrine, urinal or water-closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood; (iii) to cleanse, repair, cover, fill up, drain off, deepen or to remove water from a private well, tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious to health or offensive to the neighbourhood; (iv) to remove any dirt, dung, night-soil, manure or any noxious or offensive matter therefrom and to cleanse the land or building; (b) the owner of any wall or building, which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wall or building; (c) the owner or occupier of any building or property to keep his building or property in a sanitary state; (d) the owner of any dog or other animal suffering or suspected to be suffering from rabies or which is dangerous, to destroy or confine or cause to be confined such dog or animal; (e) the owner or occupier of any agricultural land to destroy Pohli or any other such harmful weed from such land; (f) the owner or occupier concerned to reclaim an unhealthy place; (g) the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or street passing in front of the building or through his land; (h) the owner or person-in-charge of a private “Khal” to keep it in a state of reasonable repair. Or if he objects so to do to appear before it, at a time and place to be fixed by the order, and to move to have the order set aside or modified in the manner hereinafter provided. If he does not perform such act or appear and show cause, the order shall be made absolute. If he appears and shows cause against the order the Gram Panchayat shall take evidence and if it is satisfied that the order is not reasonable and proper no further proceedings shall be taken in the case. If it is not so satisfied the order shall be made absolute. (2) If such act is not performed within the time fixed, the Gram Panchayat may cause it to be performed and may recover the costs of performing it from such person.

A Gram Panchayat may by general order to be published in the manner prescribed— (a) prohibit the use of water of a well, pond or other excavation suspected to be dangerous to the public health; (b) regulate or prohibit the watering of cattle or bathing or washing at or near wells, ponds, or other excavations reserved for drinking water; (c) regulate or prohibit the steeping of hemp or any other plant in or near ponds or other excavations within two hundred and twenty yards of the residential area of a village; (d) regulate or prohibit the dyeing or tanning of skins within four hundred and forty yards of the residential area of a village: Provided that where the dyeing or tanning of skins was so practised at the time of the establishment of the Gram Panchayat under the Punjab Village Panchayat Act, 1939, or Punjab Panchayat Act, 1921 or any other Act for the time being in force it shall not be prohibited unless the Gram Panchayat provides reasonable facilities for practising it outside the four hundred and forty yards limits; (e) regulate or prohibit the excavation of earth or stone or other materials within two hundred and twenty yards of the residential area of a village: Provided that nothing shall be done under this clause to prevent excavations meant to be filled by the foundation of buildings or other structures; (f) regulate or prohibit the establishment of brick-kilns and charcoal kilns within eight hundred and eighty yards and pottery-kilns within two hundred and twenty yards of the residential area of a village: Provided that where a pottery-kiln was working at the time of the establishment of Gram Panchayat under the Punjab Village Panchayat Act, 1939 and the Punjab Panchayat Act, 1921, or any other Act for the time being in force it shall not be prohibited unless the Gram Panchayat provides reasonable facilities for practising it outside the two hundred and twenty yards limits; (g) direct that the carcasses of all animals dying within the village, except animals slaughtered for consumption shall not be disposed of within a radius of 440 yards of the residential area of the village: Provided that nothing shall be done under this clause to interfere with the legal rights of any person; (h) regulate the construction of new buildings or the extension or alterations of any existing building or the abadi; (i) regulate with the previous permission of Government the parking of public vehicles; (j) regulate such matters as may be necessary for the general protection of standing crops and trees on common land and the planting of such trees; (k) regulate the observance of sanitation and taking curative and preventive measures to remove and prevent the spread of epidemics; (l) regulate the maintenance of watercourses meant for irrigation purposes; (m) regulate the killing of stray dogs; (n) regulate the slaughter of animals; and (o) prohibit beggary; (p) direct the taking of measures for the prevention of waterlogging; (q) regulate the disposal of dead animals and flaying; (r) prohibit the sale of harmful eatables within the Sabha area; (s) regulate offensive and dangerous trades.

Any person who disobeys an order of the Gram Panchayat made under the two last preceding sections shall be liable to a penalty which may extend to five rupees and if the breach is a continuing one with a further penalty which may extend to five rupees for every day after the first during which the breach continues: Provided that the recurring penalty shall not exceed the sum of rupees five hundred.

(1) On a complaint being made to the Gram Panchayat by any person that a peon, bailiff, constable, chaukidar, patrol of the Irrigation Department, forest guard, patwari, or vaccinator, canal overseer, head constable, game watcher or any other class of servants to which Government may by notification extend provisions of this section has misconducted himself in his official capacity, the Gram Panchayat may enquire into the matter and submit a report along with the prima facie evidence to the superior officer whom it may concern, or to the Deputy Commissioner or the Sub-Divisional Officer as the case may be. The authority shall, after such further enquiry as may be required, take suitable action and inform the Gram Panchayat of the result: Provided that nothing in this section shall be construed as empowering the Gram Panchayat to summon any such officials or to exercise control, disciplinary or otherwise, over them. (2) On the report being made by any person that a patwari, or chaukidar has failed to perform any duty imposed upon him by any laws or rules, the Gram Panchayat may by notice fixing a reasonable period require him to perform the said duty and on his failure to do so shall report the matter to the superior officer whom it may concern, or to the Deputy Commissioner or the Sub-Divisional Officer as the case may be. Result of the action taken thereon shall be communicated to the Gram Panchayat.

A Gram Panchayat may, notwithstanding any law to the contrary, in respect of any area within its jurisdiction, enter into contract with Government or a local body to collect land revenue or any taxes or dues payable to Government or a local body on being allowed such collection charges as may be prescribed.

(1) A Gram Panchayat may, by vote of at least two-thirds majority of Panches, direct that intoxicating liquor may not be sold at any licensed shop within the local area of the Gram Panchayat. (2) When a resolution has been passed under sub-section (1) above, it shall notwithstanding any resolution passed by an empowered District Board under section 5 of the Punjab Local Option Act, 1923 or any other Act for the time being in force take effect from the first day of April of the year next after such resolution. (3) Notwithstanding anything contained in the Punjab Excise Act, 1914 or any other Act for the time being in force and the rules made thereunder with regard to the powers and functions of the Collector under the said Act, such a resolution will be binding upon the Excise and Taxation Commissioner: Provided that if the Excise and Taxation Commissioner is of opinion for reasons to be recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within two years preceding the date of the passing of such resolution, in such local area, such resolution shall not be binding upon him, unless the Government orders that it shall be so binding.

(1) A Gram Panchayat may, from time to time, make by-laws consistent with this Act and with any rules made thereunder generally for carrying out all or any of the purposes of this Act. (2) A Gram Panchayat may direct that a breach of it shall be punished with a penalty which may extend to ten rupees and when the breach is a continuing breach with a further penalty not exceeding one rupee for every day after the first during which the breach continues. (3) The power conferred under this section to make by-laws is subject to the condition of previous publication for such time and in such manner as the Director may determine, and no by-law shall come into force until it has been confirmed by the Director.

The Sarpanch of the Gram Panchayat or any other person authorised in writing in this behalf by the Gram Panchayat, may enter into or upon any building or land, with or without assistants or workmen, in order to make any enquiry, test, inspection, measurement, valuation or survey of any building or land, or to execute or Which it is necessary for a Gram Panchayat for any of the purposes or in pursuance of any rules or any by-law made under this Act: Provided that— (a) except when it is under this Act otherwise expressly provided no such entry shall be made between sunset and sunrise; (b) the Sarpanch shall in every instance be given even when any premises can otherwise be entered without notice to enable the inmates of an apartment occupied by women to remove themselves to some part of the premises where their privacy shall not be disturbed; and (c) due regard shall always be had to the social and religious usages of the occupants of the premises entered.

(1) Government may, subject to such conditions as may be prescribed, transfer to any Gram Panchayat the management and maintenance of a forest area or village waste land within or near the boundaries of its jurisdiction. (2) Government may, subject to such conditions as may be prescribed, transfer to any Gram Panchayat the protection of any irrigation work, and its extensions and the regulation of the distribution of water from any such work.

When a Gram Panchayat requires any land to carry out any purpose of this Act, it shall first try to obtain the land by private negotiations and if the parties concerned fail to arrive at an agreement, such Gram Panchayat may make an application in the prescribed form to the Collector to acquire the land and the Collector may acquire such land under the provisions of the Land Acquisition Act, 1894. Explanation.—In this Chapter the expression ‘land’ includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.

A Gram Panchayat may with the consent of district board start, manage and regulate new fairs and markets with such conditions as to the share of income accruing therefrom as may be mutually agreed upon.

A Gram Panchayat shall have control of all public streets, waterways, other than canals as defined in sub-section (1) of section 3 of the Northern India Canal and Drainage Act, 1873 or any other Act for the time being in force situate within its jurisdiction not being a private street or waterway and not being under the control of Government or district board or any other authority specified by Government and may do all things necessary for the maintenance and repair thereof, and may— (a) construct new bridges or culverts; (b) divert, discontinue or close any public street, culvert or bridge; (c) widen, open, enlarge or otherwise improve any public street, culvert or bridge with minimum damage to the neighbouring fields; (d) deepen or otherwise improve waterways; (e) with the sanction of the prescribed authority, and where a canal exists under the Northern India Canal and Drainage Act, 1873, or any other Act for the time being in force, by the sanction also of such officer of the Irrigation Department as Government may appoint, undertake small irrigation projects; (f) cut any hedge or branch of any tree projecting on a public street; (g) notify the setting apart of any public watercourse for drinking or culinary purposes, and prohibit bathing, washing of clothes and animals or doing of other acts likely to pollute the course so set apart: Provided that nothing shall be done under clause (e) which may affect a canal governed by the Northern India Canal and Drainage Act, 1873, or any other Act for the time being in force without the prior permission of the authority prescribed by Government in this behalf.

(1) A Gram Panchayat may— (a) cause a name to be given to a street by affixing it to or painting it on any building or otherwise in such a position or manner as it may think fit; (b) cause a number to be affixed to or painted on any building in such a position or manner as it may think fit. (2) The Gram Panchayat may require the owner or occupier of any building to paint thereon a number or itself cause such a number to be painted on any building. (3) Any person, destroying, pulling down, defacing or altering any name plate of a street or number affixed to or painted on a building under sub-sections (1) and (2) or affixing to or painting on a building a different name or number from that affixed or painted by or under the order of the Gram Panchayat, shall, on conviction, be liable to a fine which may extend to ten rupees.

(1) A Gram Panchayat shall for the discharge of its administrative functions and other duties appoint Functional Sub-Committees and Local Committees. (2) The Functional Sub-Committees shall strengthen the Panchayat by assisting them with suggestiveness in the stage of planning and help in executing development work. (3) In case a Sabha area consists of more than one village, each village shall have a Local Committee consisting of the Panches of the village and members of the village, which will look after the development of the village and will be considered as Functional Sub-Committees for all purposes.

(1) The Gram Panchayat shall give such help as may be prescribed to the department concerned in the efficient running of the schools, hospitals and dispensaries in or near its jurisdiction. (2) The Gram Panchayat may contribute funds to any charitable or national cause or any work or scheme for removing distress, and ameliorating the conditions of the people in the rural areas in the State-sponsored or approved by Government.

Where a group of neighbouring Gram Panchayat areas have no primary school, hospital or dispensary, the Gram Panchayats thereof shall, if so directed by the prescribed authority, combine to help in establishing such school, hospital or dispensary and it shall be managed in the manner prescribed: Provided that Government or the District Board shall place such funds at the disposal of the Gram Panchayats concerned as may be necessary for the purpose.

A Gram Panchayat shall assist any Government servant in the performance of his duties in the Sabha area.

Provided that no work costing more than five hundreq rupees shall be entrusted to, or undertaken by, a panchayat except with the previous approval of the Directory.

The criminal jurisdiction of a Gram Panchayat shall be confined to the trial of offences specified in Schedule I-A.

Every Panchayat with enhanced powers, and every Adalti Panchayat shall have jurisdiction to try— (2) any other offence, not punishable with imprisonment for more than two years, which Government may by notification declare to be triable by such Panchayats.

(1) For the purpose of deciding whether an offence falls within the jurisdiction of a Panchayat, the provisions of sections 179 to 182 of the Code of Criminal Procedure, 1898, shall apply. (2) A Panchayat shall be deemed to be Criminal Court when trying a criminal case.

Any magistrate before whom a complaint or report of such offence is brought or who takes cognizance of any such offence upon his own knowledge or suspicion shall transfer the proceedings to a Panchayat of competent jurisdiction : Provided that a Chief Judicial Magistrate may for reasons to be recorded in writing transfer any criminal case from one Panchayat to another Panchayat of competent jurisdiction or to another court subordinate to him.

(1) Subject to the provisions of sub section (3) no Panchayat shall take cognizance of any offence under the Indian Penal Code, 1860, in which either the complainant or the accused is a public servant. (2) When information relating to the commission of a cognizable offence triable by a Panchayat has been given to an officer-incharge of a police station, he shall forthwith send a copy of the First Information Report to the Panchayat competent to try such an offence and such Panchayat shall not proceed to try any complaint relating to the same facts nor shall it issue any summons in the matter, until the officer has intimatei in writing that the investigation has been concluded. Such officer shall send the in'ormation to the Panchayat after the conclusion of the investigation. (3) No criminal case shall be heard by any Panchayat when a criminal case on substantially the same facts against the same person has been heard and finally decided by a competent Court or Panchayat or is pending therein.

(1) Any person who wishes to institute a criminal case before a Panchayat shall make a complaint orally or in writing to the Sarpanch, and in his absence to any Panch and shall at the same time pay the fee prescribed in Schedule III: Provided that if the court-fee stamp is not available at the place where the Panchayat ordinarily sits, an equivalent amount in cash shall be paid. (2) If the complaint is made orally, such particulars as may be prescribed shall be recorded by the Sarpanch or the Panch, as the case may be. (3) Notwithstanding anything contained in sub-section (1) a Panchayat shall be competent to take cognizance suo moto of cases falling under sections 323, 334, 386, 426, 447, 448, 504 and 510 of the Indian Penal Code, and under sections 3 and 4 of the Punjab Juvenile Smoking Act, 1918, (or any other Act for the time being in force).

(1) The Panchayat may, after examining the complainant, if any, and after further enquiry, if necessary, either dismiss the complaint or summon the accused to attend. (3) An order of dismissal shall operate as an acquittal. Provided that if the complainant satisfies the Panchayat that his absence was due to some unavoidable cause and he could not notify the Panchayat thereof, the Panchayat may revive the case: Provided that no order of dismissal shall be set aside without a notice to the accused if it has been passed after his appearance before the Panchayat.

If at any time it appears to the Panchayat that the offence is one for which the sentence which the Panchayat is competent to pass would be inadequate, it shall send the record of the case by order in writing to the Chief Judicial Magistrate.

(1) If the accused fails to appear or cannot be found, the Panchayat shall report the fact to the Magistrate. (2) The Magistrate shall issue a warrant for the arrest of the accused and shall direct by endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before himself in the manner provided by section 76 of the Code of Criminal Procedure, 1898, he shall be released from custody. (3) When the accused appears before the Magistrate, he shall direct him to execute a bond with or without sureties to appear before the Panchayats, Sarpanch or Panch on such date as he may direct and thereafter to continue to appear before the Panchayat as required by such person or the Panchayat. (4) On his failure to execute such bond the Magistrate shall order that the accused be produced in custody before the person mentioned in sub-section (3) or the Panchayat on such date not more than fifteen days later as he may direct. (5) If the accused fails to appeat before the Panchayat after executing a bond under sub-section (3) the Panchayat shall report the fact to the Magistrate before whom the bond was executed, and such Magistrate shall proceed in accordance with the provisions of Chapter XLII of the Code of Criminal Procedure.

(1) The Panchayat shall, if possible, try a criminal case and pass orders on the day on which the accused appears and, if that is not possible, may, if he is not already on bail, require him to execute a bond with or without sureties for a sum not exceeding five hundred rupees to appear before the Panchayat on any subsequent day or days to which the trial may be adjourned. (2) The amount of such bond if forfeited shall be recoverable by the Panchayat as if it were a fine. (3) If the accused fails to execute the bond the Panchayat shall report the fact and the date fixed for hearing; and the Magistrate shall proceed under sub-sections (2), (3) and (4) of section 46.

(1) A Panchayat may on conviction(a) sentence the accused to a fine not exceeding one hundred rupees or if the Panchayat is under this Act, to a fine not exceeding two hundred rupees or double the value of the damage or loss caused by the offence, whichever is greater: Provided that no fine shall exceed the fine prescribed by law for that offence; (b) discharge him after due admonition; (c) require the accused to execute a bond with or without sureties of an amount not exceeding one hundred rupees, binding himself to prevent such offence for a period not exceeding one year; (d) require his father or his guardian to execute within such time as the Panchayat may fix, a bond, with or without sureties of an amount not exceeding one hundred rupees, binding himself to prevent such offence for a period not exceeding one year. (2) Bonds taken under clauses (c) and (d) of the foregoing sub-section if forfeited, shall be recoverable by the Panchayat as if it were a fine imposed by it.

(1) If a fine is imposed under the provisions of this section and such a fine is not paid the Panchayat shall record an order declaring the amount of fine imposed and that it has not been paid and shall send the same to the nearest Judicial Magistrate who shall proceed to execute it as if it were an order passed by himself, and such Judicial Magistrate may sentence the accused to imprisonment in default of payment of the whole or any part of the fine. (2) The fine shall be applied— (a) in defraying expenses properly incurred in the case by the complainant; (b) in compensation for any material damage or loss caused by the offence committed.

(1) If the Panchayat considers that a case is false or frivolous or vexatious it may call upon the complainant to show cause why he should not pay compensation to the accused. (2) The Panchayat shall record and consider any cause which the complainant may show and if it is satisfied that the case was false, frivolous or vexatious, may, for reasons to be recorded, direct that compensation not exceeding rupees fifty, shall be paid by the complainant to the accused. (3) No conviction under this Act shall be deemed to be a previous conviction for the purpose of section 75 of the Indian Penal Code, 1860, or section 562 or 565 of the Code of Criminal Procedure, 1898.

(1) The Chief Judicial Magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on an application of the party aggrieved, by order in writing after notice to the accused, or the complainant as the case may be, cancel or modify any order in a judicial proceeding made by a Panchayat or direct the retrial of any criminal case by the same or any other Panchayat of competent jurisdiction or by a court of competent jurisdiction subordinate to him. (2) A fee of one rupee shall be paid on every such application.

(1) Notwithstanding any other law for the time being in force and subject to the other provisions of this Act, the jurisdiction to try any of the suits mentioned hereunder shall vest in a Panchayat— (a) suits for the recovery of movable property or the value of such property, (b) suits for money or goods due on contracts, or price thereof, (c) suits for compensation for wrongfully taking or injuring movable property, and (d) suits mentioned in clauses (j), (k), (l) and (n) of sub-section (3) of section 77 of the Punjab Tenancy Act, 1887 (or any other Act for the time being in force). (2) The pecuniary limits of the jurisdiction of a Panchayat with enhanced powers shall be five hundred rupees in respect of suits falling under clauses (a), (b) and (c) of sub-section (1) and two hundred rupees in respect of suits falling under clause (d) of the said sub-section. The pecuniary limits of jurisdiction of other Panchayats shall be two hundred rupees in respect of suits falling under clause (a), (b) and (c) of sub-section (1) and one hundred rupees in respect of suits falling under clause (d) of the said sub-section.

(1) The Panchayat when trying such suit shall be deemed to be a civil or revenue court as the case may be. Unless relinquished in part, the suit shall include the whole of the claim and no subsequent suits shall lie before the Panchayat or any other court for the claim or a part thereof relinquished or omitted. (2) No suit shall lie before a Panchayat unless the defendant or one of the defendants, sought to be made liable for the claim, where there are more than one, at the time of the institution of the suit resides or carries on business or personally works for gain, or has within one year of the institution of the suit resided or carried on business or personally worked for gain, within the limits of its jurisdiction or the cause of action has arisen wholly or in part within these limits.

(1) Any other court before whom a suit triable by a Panchayat is filed shall transfer the suit to the Panchayat of competent jurisdiction. (2) The District Judge or Collector may, for reasons recorded in writing, transfer, any civil or revenue suit respectively from one Panchayat to another Panchayat of competent jurisdiction or to another court subordinate to him.

No suit shall lie in a Panchayat— (a) on a balance of a partnership account; (b) for a share or a part of a share under an intestacy or for a legacy or part of legacy under a will; (c) by or against the Central Government or a State Government or a local authority or a public servant or a Panchayat or Market Committee constituted under the Punjab Agricultural Produce Markets Act, 1939, (or any other Act for the time being in force), or when any such party is, in the opinion of the Panchayat, a necessary party; (d) by or against a minor or a person of unsound mind or when any such person is in the opinion of the Panchayat, a necessary party; (e) against an insolvent for a claim pertaining to the time prior to the admission of his insolvency petition; (f) on account of any dispute or matter regarding which any suit or application may be made in a Revenue Court as defined in the Punjab Tenancy Act, 1887, except as provided in clause (d) of sub-section (1) of section 52; (g) in which the matter directly and substantially in issue is pending for decision in or has been heard and finally decided by a court of competent jurisdiction in a former suit between the same parties or those under whom they claim.

(1) The provisions of any law fixing period of limitation for civil or revenue proceedings shall be deemed to be amended to the extent that the period of limitation of any suit triable by a Panchayat shall not exceed three years or the period fixed in Schedule II if the claim arose before the commencement of this Act. (2) Any time spent on proceedings in a Panchayat to which the provisions of sections 52 are applicable shall be excluded from any period of limitation prescribed by law for suits in other courts.

(1) Any person who wishes to institute a suit before a Panchayat shall present a petition in writing to the Sarpanch or in his absence to any Panch and shall at the same time pay the fees prescribed in Schedule III: Provided that if the court-fee stamp is not available at the place where the Panchayat ordinarily sits, an equivalent amount in cash shall be paid. (2) Any petition so presented shall be entered in a register of suits, to be maintained in such form and by such person as Government may prescribe.

If at any time, it appears to the Panchayat that it has no jurisdiction to try a suit, it shall direct the petitioner, by order in writing, to file his suit in the proper court.

If upon the face of the petition, or on examining the petitioner, a Panchayat is of opinion that the petition is vexatious or frivolous or barred by limitation or discloses no cause of action, it shall dismiss the petition by order in writing.

(1) Subject to the provisions of clauses (c) and (d) of section 55, the Panchayat shall add as parties to suit any persons whose presence as parties it considers for a proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register: Provided that when any party is added notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with. In all cases where a new party appears under the proviso to sub-section (1) during the trial of a civil suit, he may require that the trial shall begin de novo. (2) If a plaintiff or defendant in any suit dies before the suit is finally decided and the right to the suit shall, subject to the provisions of clause (d) of section 55, be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or the deceased defendant, as the case may be: Provided that an application in this behalf has been presented to the Panchayat within thirty days of the death or within such further period as the Panchayat may, for sufficient cause, allow.

If a suit is not dismissed under section 59 the Panchayat shall by summons require the defendant to appear before it and answer the petition.

(1) If the petitioner fails to appear on the date fixed for hearing or if in the opinion of the Panchayat he shows negligence in prosecuting his suit, the Panchayat may dismiss the suit unless the defendant admits all or any part of the claim, when it shall be decreed accordingly. (2) A Panchayat shall restore a suit dismissed for failure to appear, if, within fifteen days from the date of such dismissal, or such further period which for sufficient cause the Panchayat may allow, the plaintiff satisfies the Panchayat that he was prevented by any sufficient cause from appearing; but no order of dismissal shall be set aside without notice to the defendant if it has been passed after his appearance before the Panchayat. (3) A fee of one rupee shall be paid on every such application for restoration.

(1) If the defendant fails to appear and the Panchayat is satisfied that he has received notice of the date fixed for the hearing or that he is intentionally evading service the Panchayat may proceed ex parte. (2) Any defendant against whom a suit has been decided ex parte, within thirty days from the date of executing any process for enforcement of the decision or within such further period as the Panchayat may for sufficient cause allow, apply orally or in writing to the Panchayat, to set aside the order and the Panchayat, if satisfied that the defendant did not receive due notice of the hearing, or was prevented from appearing by any sufficient cause or was not intentionally evading service of summons, shall set aside the decision and shall appoint a day for proceeding with the suit, but no such order shall be passed without notice to the opposite party. (3) A fee of one rupee shall be paid on every such application for setting aside an ex parte decision.

(1) At the conclusion of the trial the Panchayat shall pass a decree in writing with or without costs of the suits in such form as Government may by rule prescribe and shall enter particulars of the decision in the register of suits. (2) If any money is paid over or if any property is transferred in the presence of Panchayat in satisfaction of a decree it shall enter the payment or the transfer in the register of suits. (3) A decree passed by a Panchayat shall be executed by it in such manner as may be prescribed. If the Panchayat finds any difficulty in executing a decree, it may forward the decree to the civil revenue court having jurisdiction and such court shall thereupon proceed to execute the decree as if it were a decree passed by itself.

The District Judge in respect of civil suits or Collector in respect of revenue suits may of his own motion or on an application of the party aggrieved at any time set aside or modify any decree or order made by a Panchayat in a civil or revenue suit or direct the retrial of the suit by the same or any other Panchayat of competent jurisdiction or by any other court subordinate to him if he is satisfied that there has been a failure of justice whether on a point of fact or law.

(1) The provisions of the Code of Criminal Procedure, 1898, the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872, shall not apply to proceedings before Panchayats, save to the extent mentioned in this Act, but the Panchayat may ascertain the facts of any criminal case or civil or revenue suit by all legitimate means in its power and thereafter pass such order, sentence or decree as may be in accordance with justice and good conscience. (2) Every Panchayat shall maintain a brief memorandum of proceedings of each case tried by it.

(1) No member of a Panchayat shall take part in any case, suit or proceeding to which he or any near relation, employer, employee or partner in business is a party or any person for whom any of them may be personally acting. (2) If by reason of the number of Panches disqualified under sub-section (1) there remains no quorum, the Panchayat shall send the case or the suit to the Chief Judicial Magistrate or the District Judge or Collector having jurisdiction as the case may be, for disposal in accordance with law.

(1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be lawful for the Panchayat to decide any civil suit or criminal case to be compounded, within its jurisdiction in accordance with the terms of any compromise agreed upon between the parties. (2) Sections 8 to 11 of the Indian Evidence Act shall apply to judicial proceedings before a Panchayat.

Notwithstanding anything contained in the Legal Practitioners Act, 1879, no legal practitioner shall be permitted to appear, plead or act for any party in any judicial proceedings under this Act before a Panchayat.

(1) A woman or any other person specially permitted by a Panchayat, being a party to any proceedings before it may appear through any other person authorised in this behalf. (2) For the purposes of this section, authorised person shall not include any legal practitioner or any person acting as a clerk to any legal practitioner or a petition-writer or a tout declared as such under section 36 of the Legal Practitioners Act, 1879.

If at any time, it appears to a Panchayat— (a) that it has no jurisdiction to try any case, it shall, by order in writing, stating therein the dates of its presentation and return of the petition, direct the complainant or petitioner, as the case may be, to present the complaint or petition to the proper court.

(1) A Panchayat may by summons send for any person to appear and give evidence or to cause the production of any document: Provided that— (a) the law relating to the summoning and personal appearance of witnesses shall apply; (b) the Panchayat shall not summon a witness already issued against if in its opinion the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which in the circumstances would be unreasonable; (c) a Panchayat shall not require any person living beyond its jurisdiction to give evidence or to produce a document unless such a sum of money be paid to him as appears to the Panchayat to be sufficient to defray his reasonable expenses; (d) no woman shall be compelled to appear as a witness in person before a Panchayat. She may be examined on commission in the manner prescribed; and (e) if a document is produced in obedience to a summons issued under this section the Panchayat shall cause the document to be copied, mark the copy after comparing with the original to be a true copy and return the original document to the person producing the same. (2) If any person, whom the Panchayat summons by written order to appear or give evidence or to produce any document before it, wilfully fails to obey such summons the Panchayat may take cognizance of such disobedience and after giving such person an opportunity to explain may, on conviction, sentence him to a fine not exceeding twenty-five rupees.

(1) Every summons issued by a Panchayat shall be drawn up in such form and shall be signed or sealed in such manner as may be prescribed. (2) When the person on whom the summons is to be served resides within its jurisdiction such summons shall, ordinarily, be served by one of the chukidars of the area but the Panchayat may in its discretion have it served by any other person willing to do so. (3) If the accused or the defendant resides at time of the issue of the summons outside the local area of its jurisdiction the Panchayat may forward it to the Panchayat within the local area of whose jurisdiction the accused or the defendant resides and such Panchayat shall cause it to be served as if it were issued by itself.

(1) If in any criminal case or civil or revenue suit before a Panchayat any party intimates at any stage before the announcement of the final order or decree that he intends to make an application under this Section to the Chief Judicial Magistrate or the District Judge or the Collector, as the case may be, for the transfer of the case or suit the Panchayat, shall, upon his executing, if so required, a bond without sureties of an amount not exceeding ten rupees, that he will make such application within a reasonable time to be fixed by the Panchayat, which shall not be less than fifteen days adjourn the case or suit for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon: Provided that nothing herein contained shall require the Panchayat to adjourn the case or suit upon a second or subsequent intimation from the same parties. (2) If the application be not made within the time allowed, the amount of such bond shall be forfeited and may be recoverable by the Panchayat as if it were a fine imposed by itself.

The Chief Judicial Magistrate or the District Judge or the Collector, as the case may be, on an application for transfer, order a Panchayat to stay the proceedings pending before it and on receipt of such order the Panchayat shall stay the proceedings.

A Panchayat while ordering payment of a sum of money or the delivery of any movable property, may direct that the money be paid, or the movable property be delivered by instalments.

(1) A Panchayat may be competent to cancel, revise or alter any order passed by it in any judicial proceedings or final ex parte decrees or orders; and subject to the provisions of sections 51 and 65, no sentence, decree or other order passed by a Panchayat in judicial proceedings shall be subject to appeal, or revision by any other court or authority. (2) The provisions of sections 10 to 12 of Code of Civil Procedure, 1908 and section 403 of the Code of Criminal Procedure, 1898 shall apply to all civil, revenue and criminal proceedings before a Panchayat.

Any sum realized by a Panchayat by way of judicial fees or of judicial fines shall be credited to the consolidated fund of the State in the manner prescribed.

(1) The provisions of sections 480 to 482 of the Code of Criminal Procedure, 1898, shall apply to judicial proceedings under this Act: Provided that, the fine imposed for contempt of court shall not exceed twenty-five rupees. (2) The provisions of sections 512, 517 and 522 of the Code of Criminal Procedure, 1898, shall apply to criminal proceedings before a Panchayat, and in any order made by a Panchayat in relation to section 517 and 522 of the Code of Criminal Procedure, 1898, is not complied with, the panchayat shall forthwith forward the same to the nearest Judicial Magistrate who shall proceed to execute it as if it were an order passed by himself.

There shall be a Sabha Fund for each Panchayat and the same shall be utilised for carrying out the duties and obligations imposed on the Panchayat or any Committee thereof by this or any other enactment and for such other purposes of the Panchayat as the State Government may prescribe.

(1) The following moneys shall be credited to the Gram Fund— (a) all grants from Government or other Local authorities; (b) the balance (if any) standing at the credit of the Panchayat at the commencement of this Act; (c) all sums received by way of loans; (d) all donations; (e) all taxes, duties and fees imposed and realized under this Act; (f) the sale proceeds of all dust, dirt, dung or refuse including the dead bodies of animals not claimed by any person in accordance with any custom or usage and the property in such materials shall vest in the Panchayat; (g) income derived from the village fisheries which are under the management of Panchayats; (h) income derived from Common lands vested in the Panchayat under any law for the time being in force. (2) The Government shall every year assign to every Panchayat a portion of the land revenue not less than ten per centum of the total annual land revenue realized within the limits of the Sabha area which shall be credited to the Gram Fund.

(1) Subject to rules made under this Act and any order made by Government in this behalf, Gram Panchayat shall impose,— (a) a house-tax payable by the occupier or where a house is vacant, by the owner; Provided that if any house remains vacant for a period of one year or more, it shall be exempt from payment of the house-tax; (b) with the previous approval of Government, a tax on persons carrying on any profession, trade, calling and employment (other than agriculture) in the Sabha area provided that such tax has not been imposed in the Sabha area by any other local authority under any law for the time being in force; (c) if so authorised by the Government, a duty on transfers of property in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899, on instruments of sale, gift and mortgage with possession of immovable property situated in the Sabha area at such rate as may be fixed by the Government not exceeding two per centum of the amount of the consideration or the value of the property or the amount secured by the mortgage, as set forth in the instrument; (d) if so authorised by the Government, any other tax, duty or cess which the Legislature of the State has power to impose: Provided that if the Gram Panchayat fails to impose the tax, duty or cess Government may take necessary steps to impose it and the tax, duty or cess so imposed shall be deemed to have been imposed by the Gram Panchayat; Provided further, that the Government may at any time withdraw the authorisation under clause (c) or clause (d) Whereupon the tax, duty or cess shall cease to be levied. (2) The following fees may be levied by a Gram Panchayat— (i) teh-bazari from the shop-keepers in fairs other than cattle fairs; (ii) service fee including fee on cleaning of streets and lighting of streets and sanitation; (iii) fees for registration of animals sold in the Sabha area; and (iv) water rate where water is supplied by the Gram Panchayat.

Subject to such restrictions and control as may be prescribed a Gram Panchayat may write off any tax, fee or other amount whatsoever, due to it, whether under a contract or otherwise or any sum payable in connection therewith, if in its opinion such tax, fee amount or sum is irrecoverable.

The expenses of the Gram Panchayat shall be charged to the Sabha Fund and those of the Adalti Panchayat on a requisition of the Adalti Panchayat shall be defrayed out of the funds of the Gram Panchayats concerned in such proportion as may be determined by the prescribed authority.

The Collector shall recover any sum due under this Act other than sums due under a decree passed by a Panchayat in exercise of its civil jurisdiction or as fines imposed in the exercise of its criminal jurisdiction as if they were arrears of land revenue.

A Gram Panchayat may, with the sanction of Government and subject to such conditions as may be prescribed borrow money for the carrying out of any of the purposes of this Act.

The Gram Panchayat may, with the previous permission of the Director, impose a special tax on the adult male members of the Panchayat area for the construction of any public work of general utility for the inhabitants of the said area; provided that it may exempt any member from payment of this tax on account of doing voluntary labour or having it done by some other person on his behalf; provided further, that in an emergency manual labour may be compelled without payment and if any person without sufficient cause does not perform such labour he shall be liable to be punished with a fine which may extend to twenty-five rupees.

(1) Government may, by notification, delegate all or any of its powers under this Act other than power to make rules, to a Deputy Commissioner or the Sub-Divisional Officer as the case may be or the Director. (2) The Director may, with the previous approval of Government, delegate any of his powers to an officer not below the rank of District Panchayat Officer. (3) The Chief Judicial Magistrate may delegate any of his powers to a Judicial Magistrate of the first class. (4) The District Judge may delegate any of his powers to a Senior Judge of the first class. (5) The Collector may delegate any of his powers to an Assistant Collector of the first grade. (6) The Deputy Commissioner or the Sub-Divisional Officer, as the case may be, shall not delegate the power specified in section 102.

(1) Notwithstanding anything contained in this Act or the rules made thereunder, the Government may by notification direct that, by such date as may be specified, a general election of Chairman and members of Executive Committees of all Sabhas, and co-option of members, shall be held in the Union Territory of Chandigarh; and different dates may be appointed for different areas or for different Sabhas or groups thereof. (2) Notwithstanding anything contained in this Act or the rules made thereunder, the Government may by notification direct that, by such date as may be specified, a general election of Chairman and members of Executive Committees of all Sabhas, and co-option of members, shall be held; and different dates may be appointed for different areas or for different Sabhas or groups thereof.

(1) Any member of the Sabha may, on furnishing the prescribed security in the prescribed manner,— (a) where an election was held after the 12th August, 1960 and before the 27th September, 1962, within thirty days of the latter date; or (b) where an election is held after the 27th September, 1962, within thirty days of the date of the announcement of the result thereof; present on one or more of the grounds specified in sub-section (1) of section 13-O to the prescribed authority an election petition against the election of any person as a Sarpanch or Panch.

(2) The election petition shall be deemed to have been presented to the prescribed authority— (a) when it is delivered to the prescribed authority— (i) by the person making the petition; or (ii) by a person authorised in writing in this behalf by the person making the petition; (b) when it is sent by registered post and is delivered to the prescribed authority.

(3) An election petition pending before the prescribed authority immediately before the 27th September, 1962 shall be decided and disposed of by the prescribed authority in accordance with the provisions of this Chapter after affording to the person who presented the election petition an opportunity to amend the petition.

(1) An election petition— (a) shall contain concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings; Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908), to the trial of suits; Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (I of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.

(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture; Provided that— (a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority; and (b) an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code (45 of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

(1) Where an election petition has not been dismissed under section 13-E, the prescribed authority shall inquire into the election petition and at the conclusion of the inquiry shall make an order (a) dismissing the election petition; or (b) setting aside the election.

(2) At the time of making an order under sub-section (1), the prescribed authority shall also make an order— (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording— (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid: Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless— (a) he has been given notice to appear before the prescribed authority and to show cause why he should not be so named; and (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.

(1) If the prescribed authority is of the opinion— (a) that on the date of his election the elected person was not qualified, or was disqualified, to be elected under this Act; or (b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent; or (c) that any nomination has been improperly rejected; or (d) that the result of the election in so far as it concerns the elected person, has been materially affected— (i) by the improper acceptance of any nomination, or (ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or (iii) by any non-compliance with the provisions of this Act or of any rules made under this Act; the prescribed authority shall set aside the election of the elected person.

(2) When an election has been set aside under sub-section (1), a fresh election shall be held.

(1) Costs including pleaders’ fees shall be in the discretion of the prescribed authority.

(2) If in any order as to costs there is a direction for payment of money by any party to any person, such costs shall, if they have not been already paid, be paid, so far as possible, out of, the security deposit made by such party under this Chapter on an application made in writing in that behalf within a year from the date of such order to the Deputy Commissioner by the person in whose favour costs have been awarded.

(3) If there is any balance left of the security deposit under this Chapter after such payment under sub-section (2), or where no costs have been awarded or no application as referred to in that sub-section is made within the said period, such balance or security deposit may, on an application made in that behalf in writing to the Deputy Commissioner by the person by whom the security has been deposited or if such person dies after making such deposit, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.

(1) Subject to the provisions of sub-section (1) of section 13-C, a person, whose election as a Sarpanch or Panch held after 12th August, 1960 and before the 27th September, 1962, was set aside by the prescribed authority before such commencement, shall be deemed to be duly elected as Sarpanch or Panch, as the case may be, and shall be entitled to resume the office of such Sarpanch or Panch.

(2) On the restoration to office under sub-section (1), any other person elected to fill the vacancy caused by the result of the election of such person being set aside, shall cease to be a Sarpanch or Panch.

(1) Bribery, that is to say,— (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, whether directly or indirectly of inducing— (i) a person for having so stood or not stood, or for having withdrawn his candidature; or (ii) a member of the Sabha for having voted or refrained from voting; (B) the receipt of, or agreement to receive any gratification, whether as a motive or a reward— (a) by a person for standing or not standing as, or for withdrawing from being, a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any member of the Sabha to vote or refrain from voting, or any candidate to withdraw his candidature. Explanation.—For the purposes of this clause, the term "gratification" is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred for the purpose of, any election.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise of any electoral right: Provided that— (a) without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who— (i) threatens any candidate or a member of the Sabha, or any person in whom a candidate or such member is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or a member of the Sabha to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure; shall be deemed to interfere with the free exercise of the electoral right of such candidate or a member of the Sabha within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

(4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

(5) The hiring or procuring, whether on payment or otherwise, of any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his agent, for the conveyance of any member of the Sabha (other than the candidate himself, the members of his family or his agent) to or from any polling station or place fixed for the poll: Provided that the hiring of a vehicle by a member of the Sabha or by several members at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause; Provided further that the use of any public transport vehicle by any member of the Sabha at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation,—In this clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(6) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of a candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate’s election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority.

(1) The meeting of the Gram Panchayat shall be public and shall be held at least once a month at some place within the Gram Panchayat area for which it is established, whenever called by the Sarpanch: Provided that the Sarpanch, when required in writing by a majority of the Panches to call a meeting, shall do so within three days, failing which these Panches may, with the previous approval of the prescribed authority, be entitled to call a meeting after giving a week's notice to the Sarpanch and the other Panches.

(2) Three Panches shall form a quorum. Decisions of the Panchayat shall be made by majority and when the voting is equal, the Chairman shall have an additional or casting vote.

(1) The Sarpanch and, in his absence, the Panch elected by the Panchayat for the purpose shall be responsible for the maintenance of all prescribed records, registers and other property belonging to or vested in the Sabha or the Panchayat and, on the vacation of his office, the outgoing Sarpanch or Panch shall hand them over to the Sarpanch or to such other Panch as authorised in this behalf by the Deputy Commissioner.

(2) If on a requisition made in this behalf by the Executive Officer of the Panchayat Samiti, any person referred to in sub-section (1) within a period of ten days of such requisition fails to hand over the prescribed records, registers and other property belonging to or vested in the Sabha the Executive Officer of the Panchayat Samiti shall apply to an Executive Magistrate of the First Class within whose jurisdiction the Sabha area is situated for securing from such person such records, registers and other property.

(3) On receiving an application under sub-section (2), the Magistrate may by a warrant authorise a police officer not below the rank of a Sub-Inspector to enter and search any place where the said records and registers and other property are kept or are believed to be kept and to seize the property which so seized shall be handed over to the Sarpanch or such other person authorised by the Deputy Commissioner.

(4) Any person who wilfully evades handing over under this section the prescribed records and registers or other property belonging to or vested in the Sabha or the Panchayat shall be punishable, on conviction by a Judicial Magistrate of the First Class, with imprisonment which may extend to six months, or with fine, or with both, notwithstanding anything to the contrary contained in this Act.

(5) The Judicial Magistrate of the First Class shall not take cognizance of any offence under this section save on a complaint made in writing in this behalf by the Executive Officer of the Panchayat Samiti authorised by the Government.

Before entering upon the duties of their office the Sarpanch and Panches shall take an oath in the form specified in Schedule IV.

The Sarpanch and Panches shall hold office for a period of three years: Provided that, after the first general election of chairman and members of executive committees of the Sabha and co-option of members of such committees, elections being made or deemed to be held and made under this Act, the Sarpanches and Panches shall hold office for a period of five years.

Provided further that an outgoing Panch shall, unless the Government otherwise directs, continue in office, until his successor has taken the oath of office.

Provided further that subject to the approval of the Director, the Sarpanch or a Panch may be removed from office by a two-thirds majority of the votes cast of the Sabha at its extraordinary general meeting held with the previous permission of the prescribed authority.

The Government shall have powers to confer upon any Gram Panchayat or elected representatives of Gram Panchayats, enhanced powers. Such Panchayats or representatives shall have jurisdiction over matters down in Schedule I-B.

When enhanced powers are to be conferred on representatives of a group of Panchayats, the Panches of the Panchayats concerned, shall elect five Adalti Panches from amongst themselves by direct voting, the five securing the highest number of votes being deemed to have been elected and such Panches shall elect an Adalti Sarpach from amongst themselves in the manner prescribed.

The Adalti Panches elected as aforesaid shall exercise the enhanced powers referred to in sub-section (2) and shall have jurisdiction over the combined Sabha areas of the Panchayats concerned, and when acting as such shall together be known as an Adalti Panchayat.

No proceeding of a Gram Panchayat or an Adalti Panchayat shall be invalid for the mere fact of there being a vacancy amongst its members.