THE PUNJAB GRAM PANCHAYAT ACT, 1952

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yosa : Ph. Act TV.) | GRAM PANCHAYAT 121

THE PUNJAB GRAM PANCHAYAT ACT, 1992,

TABLE OF CONTENTS

SRCTIONS

CHAPTER T—PRELIMINARY

Title and extent.

-
tv
Repeal and saving.

Definitions. ‘
2

CHAPTER II—SABHA AREA AND ESTABLISHMENT AND ConstituTl

or GRAM SABHAS AND GRAM PANCHAYATS . ”

4. Demarcation of Sabha areas.

5, Establishment and Constitution of Gram Sabha.

6. Constitution of Gram Panchayats and disqualifications to

be members thereof.

7. Powers and jurisdiction of Gram and Adalti Panchayats.

8. Election petition.

9. Oath and term of office, resignation or removal.

10. Filling of casual vacancies.

11, Appointments in cases of default.

12. Meetings and quorum of Sabha.

13, Budget of Sahba.

CHAPTER II-A—DISPuTES REGARDING ELECTIONS

13-A, Definitions.

13-B. Election petitions.

13-C, Presentation of petitions.

13-D. Contents of petition.

13-E. Procedure on receiving election petitions.

13-F, Power of Deputy Commissioner to withdraw and transfer

petitions.

13-G. Procedure before the prescribed authority.

GrAM PANCHAYAT [1953 : Pb. Act ty, Of

13-H, Appearance before prescribed authorify,

13-1, Powers of the prescribed authority.

13-J. Documentary cvidence.

13-K. Sccreoy of voting not to be infringed.

13-L, Answering of criminating questions ard certificate’ of in-
demnity.

13-M. Expenses of witnesses.

13-N. Decision of the prescribed authority.

13-0. Grounds for setting aside elections.

13-P. Abatement of election petitions.

13-Q. Costs and payment thereof out of seourity deposits and
return of such deposits.

13-R. Execution of orders as to costs.

13-S. Restoration to office of certain persons whose election was
set aside.

13-T. Corrupt practices entailing disqualifications.

13-U. Corrupt practices.

CHAPTER [II—GRAM PANCHAYATS—CoNDUCT oF BUSINESS,
DuTIES, FUNCTIONS AND POWERS

14. Meetings,

Quorum,

15. Maintenance of Panchayat records.

16. Employment of servants.

17. Punishment and dismissal of servants.

18. Provident Fund and gratuity for servants.

19. Administrative duties,

20. Functions of the District Board which may be delegated to the Gram Panchayat.

21. Power to require removal of encroachments and nuisance.

1953°: Pb. Act [V.]. GrAm PANCHAYAT 143

SECTIONS

22;

23.

24.

25.

26.

21.

28.

29.

30.

31,

32.

32-A.

33.

34,

35.

36.

37,

38,

39,

40,

41,

42,

43,

Power to make gencral orders,

Penality for disobedience of a special or general’order of the
Panchayat.

Power to enquire and make report about misconduct of petty
officials.

Power to contract for the collection of taxes and other dues.

Powers to introduce prohibition.

Bye-laws.

Entry and inspection.

Transfer’ of forest area for irrigation work. | :

Acquisition of land.

Power to manage fairs and markets.

Power over waterways, ctc.

Powers regarding naming of streets and numbering of

buildings.

Functional Sub-Committees and Local Committeés of Gram

Panchayats.

Help in maintenance and improvement of schools and hospi-

tals or dispensaries.

Establishment of primary schools, hospitals ‘or dispensary for

a group of Panchayats.

Assistance to- Government servants.

Power to take over management of institutions, ete.

CHAPTER IV—CRIMINAL JUDICIAL FUNCTIONS |

Jurisdiction.

Additional power of Gram Panchayats.

Jurisdiction, ete.

Transfers. |

Exclusion of certain cases.

Cognizance of criminal cases.

124 Gram PANCHAYAT [1953 : Pb. Act Ivy

SECTIONS

44,

45.

46.

47,

48.

49,

50.

51,

52,

53.

54,

55,

56.

57,

58,
59,

60.

61,

62,

63,

64,

65,

CHAPTER VI—GenerRay, PRovis!

66.

67,

Action on complaint. °

Power of Panchayats to refuse to entertain criminal cages,

Proceedings on failure of the accused to appear.

Prompt disposal of criminal cases.

Punishment,

Compensation.

Conviction by the Panchayat not previous conviction,

Supervision of criminal proceedings by District Magistrate.

CHAPTER V—Civin AND REVENUE JUDICIAL FUNCTIONS
Powers,

Panchayat to be deemed to be Civil or Revenue Court, Limits to jurisdiction,

Transfer of suits..

Exclusion of Panchayats’ jurisdiction,

Limitation,

Tostitution,

Wrong institution of suits,

Summary dismissal,

Necessary parties in suits,
Summons,

Dismissal in default and restoration,
Ex-parte decision,

Final decision,

Supervision.

ONS APPLICABLE To JUDICIAL PROCEEDINGS .
General,

Bar to personal interests,

=”

1953 : Pb. Act V.] GRAM PANCHAYAT 133

SECTIONS

68. Compromise and decision on oath, ;
’

69. Bar to Legal practitioners.

70. Appearance of agents.

71. Difficulties.

72. Attendance of witnesses.
ae

73. Processes.

74, Transfer application.

75, Stay of proceedings.

76. Payment by instalments. _

77. Finality of decision.

Res judicata.

78. Custody of money.

79. Contempt of court.

Offences cognizable by a Gram Panchayat.

CHAPTER VII—FINANCE
AND TAXATION

80, Gram fund.

81. Sources of Gram Fund.

82, Power of Taxation.
ite off irrecoverable

83, Power to exempt fro

amounts.

84, Expense

85, Recovery of arrears.

86. Power to borrow.

d Community
Service.

%7. Special tax an

26 of 1960, section 13.
L

‘Chapter VIII omitted by Punia® Act No.

126 Gram PANCHAYAT [1953 : Pb. Act Iv.

SECTIONS
CHAPTER [X—CONTROL

95. Delegation of powers.

96. Access to record of Gram Panchayat.

97, Power to suspend the action of Gram Panchayat.

98. Control and subordination.

99. Default of duties.

100. Government may call for proceedings.

101. Power to make rules.

102. Suspension and removal of Panches, etc.

103. Suspension or abolition of Gram Panchayat and Thana

Panchayat Unions and consequence thereof.

CHAPTER X—MISCELLANEOUS

104. Bar to actions.

105. Liability of members.

106. Resignation.

107. Expenses to be met from State Revenue.

108. Suits against Panchayat or its officers.

Limitation. of, suits.

109. Penality for tempering with the property.

110. Duties of Police towards Panchayat.

111. Disputes.

112, Joint works or undertakings.

113, Budget and Annual Reports by Gram Panchayats.

SCHEDULES

Offences cognizable by a Gram Panchayat.

Schedule I-B.

Schedule I[-—Period of Limitation for certain claims.

Schedule []I—Table of fees.

S[Scheduie 1V-—Form of Oath.] | _

TAdded by Ponhib Act No, 26 0f 1960, section2..

aces

(RAM PANCHAYAT iZ7
. Pb.

1953 . : ; GRAM PANCHAYAT ACT, 1952.
iTHE PUN GAD Act No. IV oF 1953

ont of the President on the 19th March,

a t published in the Punjab Govers- ass
ras firs

1953 6 crete ( Extraordinary) of the 26th Marca.

. pesos, x02 Pape
Omess be Seat Co

Gazette, Part V, 1952, paz 4 oo IL, pages (BE or ” (42411458.

Legalative x

pages (LI, SDI
167114, € Moisi

, ASE

(1Sf16—U 595. | Gaze

on ant Reasons, se Pasias GORE i, see Paae>
*For Statement Of OW esl 7 for proceedings :

odinary), 1953,
Legislative

y 1983, Volume IL, pase (

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—e 5 gad Rezo, HE Pasjas

*For statement Of bpal
orGinasy), 1954, page ¢ punjas GOVE pa Gate (oz

soy gia Reaves, Sf in the Assembly. ‘ giement Ove ™

For Staremnens Ot ii. 2a Ue DIORA 4 S46 ordinary), 1954,
Sative Assembly Pebates, Vos ume 1, 1954, pases f

‘ Pusjas Gor

For Statement of Obp=t! gad Keats,
|

diaaryy, 956, pages S42-43, . uaa s )

For Stasernent of Otgyets 20d Reavrr | 4 <1

(ech, iy pow hh ineranens i J

Kraven, 6 P. ae into force

tjon MO

12th August, 190) —vide -
dated Hii 1th August, 190. Government Gazette (Es

"For Statement of Ovjrs and hzavons, 106 F (Ex
dinary), 1962, page 1S%4- mons Gaetse

ge Punjab Gow?

ea et Statement of ODpxAs and Reason (Ee
ndinaryy, 1963, page M4. jab Gowerarnent st

For Statement of Objects and Reasons, 106 FM (exe
Ordinary), 1964, page 741, preramens GRD

yas, $68 Punjab G

“Hor Statement of Objects and heat’
“dlaary), 1954 pages 915—37.

128 GRAM PANCHAYAT [1953 ; pp,
' Act py AN ACT TO PROVIDE FOR BETTER | TRATION IN THE RURAL AREAS OPINIS- BY PANCHAYAT NJAB

It is hereby enacted as follows :—
CHAPTER I

PRELIMINARY
sas 1, (1) This Act may be called ¢

pil and Panchayat Act, 1952, : a Punjab Gram
4 4 “ | 3[(2) It extends to the States of Punjab a and the Union Territory of Chandigarh ind areay agate erstwhile State of Punjab transferred to the Union territ ° of Himachal Pradesh under the Punjab Reorganisatic a Act, 1966 (Act 31 of 1966)]. on

(3) It shall come into force at once.

2. The Punjab Village Panchayat Act j hereby repealed. But notwithstanding rich repeal, ent thing done or any aciton taken in exercise of powers con- ferred 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 :

Repeal and saving.

Also see sections 21 to 25 ibid, reproduced below :—

Transitional __ 21. Nothing in this Act shall affect the continuance of the Panchayats under the provision. principal Act which are in existence immediately before the commencement of this Act, or the exercise by them of the powers and functions under the principal Act as amended by this Act, till such time as the Sabha areas are demarcated, Sabhas therein are established and constituted and Gram Panchayats are elected in accordance with the provisions of this Act, and the aforesaid Panchayats shall continue so to exist as if this Act had not been passed and to exercise the powers and functions accordingly.

Fail { concilia- 22. After the commencement of this Act no proceedings of a Gram Panchayat
(once not Shall be rendered invalid for want of a certificate of failure of conciliation proceeding.
to affect the pro-
ceedings of Gram
Panchayat or ‘ i canchayat, of . 23. Inthe principal Act as amended by this Act, any reference to a law which
references. is not in force in territories which, immediately before the 1st November, 1956, Were

comprised in the State of Patiala and East Punjab States Union shall, in relation to
such territories, be construed as a reference to the corresponding law, if any, in force
in such territories.

Repeal and Saving, 24. (1) The Pepsu Panchayat Raj Act, 2008-Bk., is hereby repealed ;

Provided that the repeal shall not effect—

(a) the previous operation of the Act so repealed or anything duly done oF
suffered thereunder, or

Substituted by the Punjab Zila Parishads, Panchayat Samitis and Gram
Sabhas (Reconstitution and Re-organisation) Order, 1969.

1953 : Pb Act TV] GRAM PANCHAYAT 129

Provided that the Panches in an oxisting panchayat
shall not be affected by the provisions of section 5 of this

Act.

3. Inthis Act, unless the context otherwise requires — Definitions.

(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 ;

(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 ;

(b) any right, privilege, obligation or liability acquired) accrued or incurred

under the Act so repealed, or

committed against the Act so repealed, or

(d) any investigation, legal proceedings or remedy in respect of any such right

privilege, obligation, liability, penalty, forfeiture or punishment as

aforesaid :

and any such investigation, legal proceeding or remedy may be instituted, continued

or enforced, and any such penalty, forfeiture or punishment may be imposed as if

this Act had not been passed.

(2) Subject to the provisions of the proviso to sub-section (1) anything done or

apy action taken (including any appointment or delegation made, notification, order,

ins truction or direction issued, rule, regulation, bye-law or form framed), under the

Act repealed by sub-section (1) shall, in so far as it Is not inconsistent therewith be

deemed to have been done or taken under the correspond ing provision of the princi-

pal Act as amended by this Act and shall continue to be in force accordingly, unless

and until superseded by anything done or any action taken under the principal Act as

SO amended :

Provided that Panchayati Adalats, Class I and Panchayati Adalats, Class IJ, shall

cease to function on the date of commencement of this Act.

25. If any difficulty arises in giving effect to the provisions of the principal 4 Power to remove

Act as amended by this Act, the State Government may, by order notify in the Official difficulties.
Gazette. make such provisions or give such directions as appear to it to be necessary

gr expedient for the removal of the difficulty.

ema

130 GRAM PANCHAYAT [1953 : Ph. Act ty

2) “Director” means the Director of Pane

. appointed under this Act ; hayats

x T(t) wok Ok O% *] ;

(g) “Gram Panchayat” means the Panchayat consti

a tuted under *[Section 5 of] this Act ; _

“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).]

[(h)

, (i) ““Panch” means a member of Gram Panchayat,

se 6*) O® 6 © J or an Adallti Panchayat

elected or appointed under this Act and in-

cludes a Sarpanch ;

_ Gi) A Panchayat means a Gram Panchayat and

/ includes an Adalti Panchayat J.

s a Panchayat
7[(iii) “Panchayat Samiti’? means @

7 Samiti constituted under the Punjab Pancieyt

Samitis and Zila Parisha S

and having jurisdiction over the Sabha area.]

(j) “prescribed” means prescribed by rules made

under this Act ;

building a

(k) “public place” means any place, DU”
.

° ° g tion O

/ structure situated within the jurists ic bas

Gram Panchayat aroa to W

free access ; ee

section 3(1)-

) Act, 1953 (Puniab Act No-
tClause (f) omitted by Punjab Act No. 26 of 1960,

‘Inserted by the Punjab Gram Panchayat (Amendment

XLI of 1953), section 2 (7).

SSubstituted by the Punjab Zila prishad

Sabhas (Reconstitutio? and Reorganisation) Or

amilis
and Gra

5, panchayat S

der, 1969.
|

‘The word “Thana” omitted by Punjab Act XXX of 1954.
‘op 13

njab Act No. 76 of 1909 sect
ion

'The words “Panchayat Union” omitted by Pu

‘Inserted by Punjab Act No. 19 of 1963.

| aA
© Scanned with OKEN Scanner

1953 : Pb. Pb. Act IV] GRAM PANCHAYAT 13)

(1) ‘public servant” s means a public ser

m ery 21 of the indian Penal Code, 1 aa XLV

all include a panch and a sarpach . 60, _

(m) ‘public street” means ) a pathwa
bre Jane, square, court, alley Af eateus tn

- eee which the public has a right to use

ee 5 udes the drains or gutters on either |

* : the land upto the defined boundary of

y a putting property, notwithstanding an

projection over such land of any veraida

or other super-siructure ; :

11 (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 ; ]

f(D) “Schedule” means the Schedule appen

ct ;
:

(o) “sub-committee” means 4 sub-committee

appointed under section 33 of this Act ;

2[(00) “Syb-Divisional Officer” means the Officer-

in-charge of 4 Sub-Division of 4 District

constituted for revenue and general purposes ;]

“tax” includes a cess, duty, fee, rate, toll or

other impost leviable under this Act ;

(g) ‘‘village’’ means any local area, recorded as a

yf revenue estate in the revenue records of the

district in which itis situated ;

(r) “watercourse”
means any channel which 1

a maintained
of the irrigators and 1

cupplied with water from any canal to whic

i al and Drainage Vl" of 1873:

he Northern eb a ne nals. Act

the Punja inor Cana t,

Act, 1879, 0 for the time being] I1l of 1908

zt 3 ther Act
1905, *[or any , all subsidiary works

t the sluice

cted with such ¢
conne hich water 1s supplied to

ded to this

such chann¢ :

gaa aor ton

mm); inserted by Punjab Act, 26 of 1960, section 3 (2)

NeW ae (mm) and (nt 1954
ed by Punjab Ac ;

ies
; ; t Samities and Gram

sInserted by” the Punjab Zila Parishads, panchaya

sabhas Insertstitution
and Reorganisation

Order, 1969, schedule secon

132 GRAM PANCHAYAT [1953 : Ph. Act ry

(s) the expressions ‘“‘offence’’, ‘non-bailable offence, “cognizable offence’, ‘complaint’, “officer.

in-charge of a police station”, and “nolice

station” have the same meaning as in section 4

V of 1898. of the Code of Criminal Procedure, 1898 ;

(t) the expressions “decree”, — “‘decree-holder” ' “judgment debtor’, “legal representative” and “movable property” have the same meaning of IB. as in section 2 of the Code of Civil Procedure,
1908 ;

f (u) the expressions “landowner”, “tenant”,
“rent” and “land revenue’’ have the same
meaning as in the Punjab Land Revenue Act,

XVI of 1887. 1887, [or any other Act for the time being in-
force].

2 Inserted by the Punjab Zila Parishads P anchayat Samities and Gram Sabhas
Reconstitution and Reorganization Order, 1969, Schedule second.

Me,
oA

1953: Pb. Act IV] GRAM PANCHAYAT 133

{CHAPTER II]

SABHA AREAS AND ESTABLISMENT AN D CONSTT-
TUTION OF GRAM SABHAS AND GRAM

PANCHAYATS

4. (J) Government may, by notification, declare any Demarcation of
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 "for any other Act
for the time being in force ] ; or

(6) a Cantonment; or

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 1n or exclude any area from the Sabha area.

/ (3) Ifthe 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 man-
ner prescribed.

'The whole Chapter II substituted by Punjab Act No. 26 of 1960, section 4.
“Inserted by the Punjab Zila Prishads, Panchayat Samitis and Gram Sabhas

(Reconstitution and Re-organisation) Order, 1969, Second Schedule.

134 GRAM PANCHAYAT [1953 ;: Ph, Act Ty

Establishment 5. (1) Government may, by notification, establish,

aE eatin Gram Sabha by name tn every Sabha area. |

(2) Every Gram Sabha shall, by the name Notified
under sub-section (1), be a body corporate having Perpe
(ual succession and a common seal, and, subject to any
restriction by or under this Act or any other law, shail
have power to acquire, hold, administer and transfer
property, movable or immovable, and to enter into con-
tracts, and shall by the said name sue or be sued and do all
such things as are necessary for which it is constituted.

1](3) Every person who, for the time being, is entered as
a voter on the electoral roll of the Punjab Legislative Assem.
bly, the Haryana Legislative Assembly, the Himacha|
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.] eet

Gomttestion of 6. (1) Every Sabha shall, in the prescribed manner,
err disduslifica, elect from amongst its members a Chairman of the Sabha
tions to be membets and an executive committee consisting of such number of

thereof. persons not being less than five or more than nine including

the Sarpanch of the Executive Committee as the Govern-

ment may determine taking into account the population of

the Sabha area :

Provided that ifno woman is elected as a Panch of any

Sabha, the woman candidate securing the highest numbet

of votes amongst the women candidates in that pioaticn ma

~ _beco-opted by the Panchayat as a Panch of that Sab a0

where no such woman candidate is available the Rt of

authority shall co-opt as such Panch a woman nem

the Sabha who is qualified to be elected as a Pancn.

arnanch of

(2) The Chairman shall also be called the Say pata
the Executive Committee which shall be atyles eee.

Panchayat the members thereof to be called Fé
the

a Pan 4
(3) Every woman co-opted as a Té

proviso to sub-section (1) shall have the right ¢

meeting of the Gram Panchayat. _.§_=---_——_.,

°
ttic nd Gra

4Substituted by the Punjab Zila Parishads, Panchayat Samutis 4

‘Reconstitution and Reorganisation) Order, 1969.

_—_—

1943: Pb, Act 1V] GRAM PANCHAYAT 135

(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

pe deemed to have been duly elected :

Provided that for the period expiring on 26th January,

1970—

(a) every Gram Panchyat shall, subject to the provi-
sions 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 pan-
_ ches shall have two panches who are members of
Scheduled Castes if the population of the
Scheduled Castes is ten per centum or more ;

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 beenelected asthe 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 Pan-

chayat existing at the time :

Provided further that if Government is of the opinion

that the basis of population adopted for the purposes of

determi ing the representation of members belonging to

Scheduled Castes for any particular Gram Panchayat 1s

incorrect, with the result that the requisite number of

panches belonging to such castes is not elected, the Govern-

ment may nominate the required number of duly qualified

136 GRAM PANCHAYAT [1953: Pp. Act 1y,

rson or persons of such castes as additional Panches
on such nomination being made the number of anche
determined under sub-section (/) shall be deeme to have been increased by the number of panches so Nominateg The number of the Panches so increased and their term of office shall cease to have any effect after the next lection of the Gram Panchayat concerned, when the number of Panches of that Gram Panchayat shall be determineq afresh under sub-section (/). |

(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

(5) 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 be- A haviour under section 110 of the Code of Crimi- nal 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

os’

EF
a

1953: Pb. Act IV] GRAM PANCHAYAT 137
Joes .
(h) 1s registered as habitual offend

x Habitual Offenders (Controland Reform eae i : : onee Hecet lorany other Act for the time being in

(7) is an undischarged insolvent ; or

_/ (j) has not paid the arrears of the tax imposed by th of Gram Panchayat ?[or the Panchayat Samiti]; r
(kK) is an employee of Sabha or Gram Panchayat ; of

‘{(kk) is a member of either House of Parliament or
of the Legislature of the Punjab State ; or]

(7) 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 Parlia-
ment or of the Legislature of the Punjab State, as the case

may be, and so resigns before taking the oath under
sub-section (J) of section 9.]

7. (!)AGram Panchayat shall exercise powers as aN Powers and juris-
. ss ae as diction of Gram

ordinary Panchayat, and shall have jurisdiction over 444 adalti Pan-
matters Jaid down in Schedule I-A. chayats.

a : } ities ¢ bhas ‘Inserted by the Punjab Zila Prishads, Panchayat Samities and Gram Sa

( Reconstitution and Reorganisation) Order, 1969, Second Schedule
*Added by Act No. 19 of 1963.
*Clause (kk) inserted by ibid,
*Added by ibid,

138 GRAM PANCHAYAT [1953 - Pb.
tt. jy (2) [he Government shall have powers to conte

any Gram Panchayat or elected representatives me : Upon
of Gram Panchayats, enhanced Powers. Such Pane Broup
or representatives shall have Jurisdiction Over matte aYats down in Schedule I-B. TS Jaig

(3) When enhanced powers are to be Conferreg representatives of a group of Panchayats, the Panches of the
Panchayats concerned, shall elect five Adaltj Panches from amongst themselves by direct Voting, the f ha ive P securing the highest number of votes being deemeg ton been elected and such Panchcs Shall elect an Adalti Sarpach from amongst themselves in the manner Prescribed. (4) 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 a Cting as such Shall together be known as an Adalti Panchayat. (5) No proceedin g of a Gram Panchayat or an Adalti anchayat shall be invalid for the mere fact of there being a vacancy amongst its members.

18. * # * kx x x x *] Gathandtermof = g_ (7) Before entering upon the duties of their office i “on the Sarpanch and Panches shall take an oath in the foun specified in Schedule IV.

(2) The Sarpanch and Panches shall hold office for 4 Period of three years -
: it- “[Provided that, after the first general election of ow : man and members ot executive committees ot the si an and co-option of members of such committees, tion 95-4: made or deemed to be held and made under er a perio the Sarpanches and Panches shall hold office fo of five years. ]

unless | : all, { Fovided *[further) that an outgoing Panch shell 1 pis the Government otherwise directs, con th Office, until his successor has taken the oath : th al of tH Provided further that subject to the ap pred from Br Director, the Sar anch or a Panch may be er the me eh office by a two-thirds majority of the votes ting held of the Sabha at its extraordinary general mee the previous permission of the i ae
*Omitted by Punjab Act No. 26 of 1962.
Tncertad hu Diawlnth as

1953 : Pb. Act IV] GRAM PANCHAYAT 139

(10. Whenever a vacancy occurs by t!

tion or removal of a Panch, or a Sarit cl death, resigna- Filling of casual

or Sarpanch, as the case may se “hal be or _ new Panch vacancies,

manner as may be prescribed, and the ors ecled in such

shall hold office for the unexpired sotto of Ao ee

which the person in whose place he aaa of the term for

have otherwise continued in office. As’ clectoum would

11. If for any reason a Sarpanch or
.

of Panches are not tected, OF a nora vacane main’ OF eee at default.

filled within the time prescribed the prescribed thority

may appoint the necessary number of duly qualified ersons

as a Sarpanch or Panch, as the case may be, and any such

Il hold office for the unexpired. porcion of the
person sha

term for which the person in whose place he was appoi
5

oin-

ted would have otherwise continued in office. FP

1712. (/)Every Sabha shall hold two general meetings in Meeting and quo-

each year, one after the harvesting of Sawani crop (herein- rum of Sabha.

after called the Sawani meeting) and the other after the

inafter called the Hari

harvesting of the Hari crop (here

meeting) on such dates as may be fixed by the Panchayat

Samiti.]

13. The Sabha shall at its Sawani meeting consider Budeet of Sabha.

by the Gram Panchayat and at its

the budget prepared

Hari meeting consider the reports of the working of the,
or the

Gram Panchayat and draw out development plan

Sabha area.]

2» CHAPTER [I-A]

Disputes Regarding Elections

nless the context otherwise Definition.

13-A. In this Chapter, U

requires,—
inted in writing

a sp a an! 0 Oo

(a) “agent” means any per o be his agent

by a candidate at an elect! ith the written

for the purposes

consent of such person » |

——

d by Punjab Act No.
Substitute

y Punjab Act No. 26
sCinapter I-A inserted b

140 GRAM PANCHAYAT [1953 . Pb. Ac
(b) “candidate” means a person Who has been

claims to have been duly nominated ag a Candi
date at an election, and any such Person s1
be deemed to have been a candidate as froy
the time when, with the election in pros mn
he began to hold himself out as 4 Prospective candidate ;

(c) “corrupt practice’ means any of the Practices specified in section 13-U :;
(d) “costs” means all costs, charges and e me *penses of, or incidental to, a trial of an election petition ;

(e) “election” means an election to fj Il 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
and plead for anoth
includes an Advocate.

Election peti-
tions, 13- B. No arpanch or Panch shall be called in question except by an : .

person entitled to appear
er in a Civil Court and

Presentation of Petitions. . 13-C. (7) Any member of { b n furnish’ Ing the prescribed security in he Sabha may, o
the prescribed manner.—

(2) where an election was held after the 12th August, 0 and before 60 and the 27th September, 1962, within thirty days of the latter ate; or

(b) where an election is held after the 27th Septem: are 1962, wit in thirty days of the” date © “mouncement of the resulj thereof ;¥ Present on one or more . . +» sub- i . of the grounds specified in S section ‘paigy ceetion 130 to the prescribed authority 48 Person as a Sarpanch or Pee, gous the election 0

_—

1953 : Pb. Act 1V] GRAM PANCHAWAT 141

(2) The election petition shall b

been presented to the prescribed authori to have

(a) when it is delivered to the prescribed authority—

(i) by the person making the petition ; or

(ii) by a person authorised in writing i

benalf by the person making the petition

b) when it is sent by registered post and is deli

to the prescribed wuthority” nd is delivered

(3) An election petition pending before th i

authority immediately before the ath Septenber. 1962

shall be decided and disposed of by the prescribed au-

thority 1n accordance with the provisions of this Chapter

after affording to the person who presented the election

petition an opportunity to amend the petition.

Contents of

13-D. (J) An election petition— ie}
Peqwpon.

(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 ; an

“4 down in the Code of Civil
in the manner lal of Ci

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 1n support of the allegation

of such corrupt practice and the particulars thereof.

4
(2) Any schedule or annexure

be signed by the petitioner and veri

as the petition.

e to the petition shall also

fied in the same manner

—
142 GRAM PANCHAYAT [1953 : Ph. Act ty

peneflate th 13-E. If the prescribed security is n receiving ek the prescribed manner or the petition is tion petitions.

ot furnisheg :
: : : : not within the period specified in section 13-C, the _P'¢Sented

authority shall dismiss the petition ; Prescribeg

Provided that the petition shall not be dismij , out giving the petitioner an Opportunity of being Witt

"Cossamiusioant 9 13-F. The Deputy Commissioner of t withdraw and Concerned may, at any stage after notic
nsf pions. for reasons to be recorded, Withdraw any elections, am pending before a prescribed authority and transfer i for trial to another prescribed authority within his district; and upon such transfer, that prescribed auth ority shall nae with the trial from the Stage at which it wae oak. awn:

he distrig,

Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already ‘examined.
Procedure before 13-G. (1) Subject to the Provisions of this Act and = prescribed 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 itis of the opinion
that their evidence is not material for the decision of the
petition or that the party lendering such witness or wil-
nesses is doing so on frivolous grounds or with a view (0
delay the proceedings.

; » (2) The provisions of the Indian Evidence Act, re
(I of 1872), shall, subject to the provisions of pant
be deemed to apply in all respects to the trial of an ele
petition.

. . at fore Appearance be- 13-H. Any appearance, application or, acl by the fole presctibed {he prescribed authority may be made or au act on aEEOR EN party in person or by a pleader duly appointed to a
his behalf :

1953 : Pb. Act IV] GRAM PANCHAYAT 143

Provided that it shall be open to the prescribed au-
thority to direct any party to appear in person whenever
the prescribed authority considers it necessary

13-I. be gee ts authority shall have the powers Powers of the
which are vested in a Court under the Code of Civil Pro- ptetetibed
cedure, 1908 (S of 1908), when trying a suit j authofity.

the following matters :— ying a suit in respect of

(a) discovery and inspections ;

(6) enforcing the attendance of witnesses and re-
quiring the deposit of their expenses ;

(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 at-

tendance of witnesses, the local limits of the jurisdiction of

the prescribed authority shall be the limits of the {Union

Teritory of Chandigarh.]

13-J. Notwithstanding anything in any enactment Docimenary
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.

. he requir Secrecy of voting
13-K. No witness or other person shall be required Secrecy of voun

to state for whom he has voted at an election. fringed.

Substituted for the words ‘‘State of Punjab’’ by the Punjab Zila Parishads,
Panchayat Samitis and Gram Sabhas (Reconstitution and Reorganisation) Order,

1969,

144 GRAM PANCHAYAT [1953 : Ph. Act ly

ing of ctie 13-L. (/) No witness shall be excused from answer.
Aniering que ing any question to any matter relevant to a Matter jp tions andcfert- issue in the trial of an election petition upon the ground
nity. that the answer to such question may criminate of ma

tend to criminate him, or that it may expose or ma y 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 entitleq to
receive a certificate of indemnity from the
prescribed authority ; and

(5) 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 pro-
ceeding 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.

E ; wim | 13-M. 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,

Meclsion of the 13-N. (J) Where an electio: iti been . enewe n petition has not de yee autho dismissed under section 13-E, the prescribed authority
shall inquire into the election petition and at the conclu
Sion of the inquiry shall make an order

(a) dismissing the election petition ; or

(6) setting aside the election.

1953 :Pb. Act Ty]

(2) At the time of m
(/) the prescribed autho

GRAM PANCHAYAT 145

aking an order under sub-section rity shall also make an order—

(a) where any charge is made in the petition of any corrupt practice having been comm} ;
election, recording mitted at the

(i) a finding whether any corrupt practice has or has not been proved to have been commit- led 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

(5) if he appears in pursuance of the notice, he
has been given an opportunity of cross-examin-
ing 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.

_ 13-0. (J) If the prescribed authority is of the Grounds for - setting aside Opinion— elections.

(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 .

146 GRAM PANCHAYAT [1953 : Pb. Ag
ly

the result of the election in go far as :
“ Sones the elected person, has been m It aterially affected—

(i) by the improper acceptance of any Nomination,
or

(ii) by the improper reception, refusal or of any vote or the reception of
Tejection

which is void : or | any vote

(it) by any non-compliance with t
of this Act or of any rule this Act ;

the prescribed authority shall set aside the election of the elected person.

he provisions
S made under

(2) When an election has
;

been set aside under sub- Section (1), a fresh election shall be held.
Adetemen t en 13-P. An election petition shall abate only on the
tions. death of a sole petitioner or of the Survivor of several petitioners.

merece out th 13-Q. (1) Costs including pleaders’ fees shall be in
of any “He discretion of the Prescribed authority. on ~ such

Posits,

de bee Or so far as possible, ou or ie Fonti ade by Such part under this Chapter
on an ‘pplication made in writing in that behalf within 4 Deputy Com: Year “a the date of such order to on 5 : l
Costs have been awarde4., © person in whose favot

(3) If there j
: sit under this C pter sctlance left of the security depo ‘on (J) . Payment under sub-section ( Or where “Tred to in that sub-section, such balan® ded or no applicator ne

the said period vn ‘ Id Security deposit may, uty OMMissioner by chat behalf in writing to the DeP ° as Person by whom the security }

1953 : Pb. Act IV] GRAM PANCHAYAT 147

been deposited or if such per
:

person dies aft ‘

deposit, e fe legal representative ot aa making such

returned tO e said person or to his | such person, be

as the case may be.
s legal representative,

13-R. Any order ast |

this Chapter may be roduced before { the provisions of Execution

court within the local limits of whe the principal civil _ °

erson directed by such order to cay ay auto a
any

has a place of residence or business and such co t shail

execute the order or cause the same to be executed i a“?

same mannet and by the same procedure as if it es ;

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 apP i-

cation has been made under that sub-section owing to in-

sufficiency of the amount of the security deposit referred

to in that sub-section. Restoration tO
certain

13-S. (J) Subject to the ee of an eee petition Soro

-section (1) ° section 13-C, 4 person, persons whose

made
Sosa a or Panch held after the 12th election was set

ber, 1962, was ;

e the 27th Septem
ch commence

set aside by the prescribee a

ment, shall be deemed to be duly

or Panch, as the case may 0e,;

office of such Sarpanch oF Panch.
er sub-section

: . n

(2) On the restoration 2 a pethe vacancy cau
e

(1), any other person © ected ¢
<

ving

result of the election of such pe san 5

shall cease to be 4 Sarpanch oF
S80 i

upt

ified in section 13-U Calling disqu
alifi-

Gram cation.
4g

1 )
ec

13-T. The corrupt practices SP ship ©

lification for member som the date
to such

shall entail disqua} ars COU

Panchayat for a period © five yearned authority as

on which the finding of the prescr

practice has been given -
ror reas to

- or reasons

ment mays or reduce the

Provided that the Govern

be recorded, remove the disqualilie

period thereof

practices.

148 GRAM PANCHAYAT

Ct 7] Corrupt practices. 13-U. The following shall be deemed to b V
practices for the purposes of this Chapter -_ °° Corry,

(1) Bribery, that is to Say,—

(A) any gift, offer or promise by cang; agentor by any other person with ate OF hig of'a candidate or his agent of any gratinc rent to any person whomsoever Cation,
: Ace » Wit . directly or Indirectly of inducing“ Object,

Or aS a reward to—

(?) a person for having so stood Or not stood, or for having withdrawn his Candidature ; or 9

(ii) a member of the Sabha for ha ving voted or refrained from voting ;
(B) the receipt of, o Teceij T agreement to receive any gratification, whet her as a motive or a.reward—

(a) bya Person for standing or not standing as, or for withdrawing from bein g, a candidates; or
(5) 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 oF refrain from Voting, or any candidate t0 withdraw his candidature.

MESHE Pa #xplanation,—F or the purposes of this clause, the te"™ gratification” is not restricted to pecuniat) gratification or gratifications _ estimable Fore money and it includes all forms of On ot fainment and all forms of employment nt “ward but it does not include the payme

1953: Pb. Act IV] GRAM PANCHAYAT 149
of any expenses bona fide ; nses a fide incurred at for the purpose of, any election. -

(2) Undue influence, that is to é i Indirect interference or attempt to “iter 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 1s referred to therein who—

(i) threatens any candidate or a inember of the
Sabha, or any person in whom a candi-
date 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 ;

(6) 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,

150

Provided that t

GRAM PANCHAYAT [1953 : Ph. Act ty

yeal to, national symbols, such ag 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.

of any vehicle by a candidate or his aeent or by any other person with the consent of
a candidate or his «gent, for the conveyance of any member of th | 7 date himseif e Sabha (other than the candi > the members is fami is agent) to or Ts of his fa mily or h from an olling stati ided or
4 place fixeg for the’ poll wal PECYAe

he hiring of a vehicle by a member ofthe 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 fixeq for the ] deemed to be practice unde (ee

1953 : Pb. Act IV] GRAM PANCHAYAT 151

the use of an i y public ans any membe
at his own cost for the ptitpoes off cine to or coming from any such_polli j
place fixed for the poll shall not be deemed
to be a corrupt practice under this clause

Provided further that
transpori vehicle by

Explanation,—In this clause, the expression “vehicle”
means any vehicle used or ‘capable ie

used for the purpose of road transport wetter

propelled by mechanical power or otherwise
and whether used for drawing other vehicles
or otherwise.

(7) The obtaining or procuring or abetting or
attempting to obtain or procure by a candidate
or his agent, or by any other pzrson with the

consent of a candidate or his agent, any assis-

tance (other than the giving of vote) for the

furtherance of the prosp2cts 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.

CHAPTER III

GRAM PANCHAYATS—CONDUCT OF BUSINESS, DUTIES,

FUNCTIONS AND POWERS

14. (1) The meeting of the

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, na a

so within three days, failing which these ae nes tity,

with the previous approva of the prescribe . sory:

be entitled to call a meeting after giving a wee

(her Panches.
to the Sarpanch and the 0 Quorum.

form a quorum.

(2) Three Panches shall fo a aor baby majority

3 isions of the Panchaya 0
and When aie votng. 18 equal, the Chairman shall have

an additional or casting vote

Gram Panchayat shall be Mectnss:

Maintenance of
Panchayat records,
etc., and libility to
hand them over.

152 GRAM PANCHAYAT [1953 : Ph, Act ly <

1115. (J) The Sarpanch and, in his absence, the p,; elected by the Panchayat for the purpose shall be anch
ponsible for the maintenance of all prescribed record Tes.
registers and other property belonging to or Vesta and
the Sabha or the Panchayat and, on the vacation = In
office, the outgoing Sarpanch or Panch shall hand. his
over to the Sarpanch or to such other Panch te them
authorised in this behalf by the Deputy Commissione,.

(2) If on a requisition made in thi Executive Officer of the Panchayat Samignat by the |
within a period of ten days of such requisition fails une” sub-section (7) to hand over the prescribed rerorde
Tegisters and other Property belonging to or vested. in
Teferred to in that sub-section, th at » the Executive Offic of ghayat aa Shall apply to *[an Executive Magistrar® 1€ First Class within whose Jurisdiction the Sabhi
ara 1s situated for securing f. si TO Tegisters and other property. m such person such records,

(3) On receiving an applicat; 2), t pplication under sub-sect; ( Foe” Magistrate may by a warrant authorise =e
Search an lac: the rank of a Sub-Inspector to enter and other property are keorepouet Fecords and: registers. and seize the P ry ave kept or are believed to be kept and to Seized shall] be hands overt the sae ac bby $0
authori Ne sarpanc : Orised by the Deputy Commissioner, m: tHtesse may

4 .

handing One ets wilfully evades under this section the other proper y bel © Prescribed records and registers or Panchayat shall “onging to or vested in the Sabha or the of the Firs; Class. b conviction bya Judicial Magistrate] May extend to siy ~ Punishable with imprisonment which withstanding anything 1 OF With fine, or with both my Act, » anything to the contrary contained in this
(5) The rJudic; Not take comin’ ~ jMagistr ate] of the First Class shall on a Complaint m d “2 offence under this section save h vt ade by the Executive Officer of the Pan- writing In this behalf by the Government ] 1Substit

j
gu stituted by Punjab Act No. 11 of 1964
*Substituted f *Substituned .oe the words Sq fees

mMted for the word “Magistrate” by Pig ttdab Act No. 25 of 1964 ) ( .
~ a .

1953 : pb. Act IV] GRAM PANCHAYAT 153

1116. () LE ee . Secretar y fora Gram Panchayat Appointment of

or a group © ram Panchayats who shall be appointed b | Secretary.

the panchayat Samili in the manner prescribed : y

provided that any person appointed as a §

of any Gram Panchayat or a group of Gram Prt svate

pefore 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 oron receiving

a report from the Gram Panchayat, transfer, suspend,

dismiss or otherwise punish a Secretary of a Gram Pan-

chayat or a group of Panchayats.

(4) It shall be the cuiy of the Secretary, under the

seneral 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.

17, (1) Subject to such rules as may be made in this Employment of

behalf and with the previous approval of the Panchayat

Samiti, a Gram Panchayat may employ such other servants

as are considered necessary for carring out the duties

imposed on it by this Act and may suspend, dismiss of

otherwise punish such servants.

(2) A Gram Panchayat shall pay the remuneration

to such servants out of the Sabha Fund.

18. A Gram Panchayat may, in accordance with Provident und

Tules made under this Act—
al psetvanls.

(a) establish and maintain a provident fund on beha

of its servants ; an ;

(b) grant a gratuity to any servant subject to the

___ previous approval of the Director.

1 : Substituted by Punjab Act No. 19 of 1963.

Administrative
duties.

os’
154 GRAM PANCHAYAT [1953 : Pb. Act Iv

19. (/) Subject to such rules as ma .
it shall be the duty of the Gram Panctifar Prescribed
limits of the funds at its disposal, to make Aten the
for carrying out the requirements of { he Sabha ments
in respect of the following matters includ; area]
sidiary works and _ buildings connected

(a) any public place including ; ‘tat?
drains ; 'n§ IS sanitation and

(5) wells, water-pumps, baolies, Spring, ponds and tanks for the supply of es washing and bathing: water for drinking,

(d) the lighting of public places_;

(e) building for the accommodation of travellers ;
(f) pounds for animals ; 2

(g) the relief of the poor ;

(t) 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 : >

(/) libraries and reading rooms ;

(m) the voluntary registration of the sales of cattle,
Camels, and horses : 3

(1) the development of agriculture and_villagé

industries, and the destruction of weeds an
pests ;

Substituted by Punjab Act No. 26 of 1960, section 5(a).

° Cc V
r

1953 : pb. Act IV] GRAM PANCHAYAT 155

(0 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 ;

) allotment of places for preparation and conser-

vation of manure ;

(r) construction and maintenance of culverts and

bridges ;7[ * * ] ’

(s) the laying out of new roads and pathways and

maintenance of existing ones ,

[°(¢) framing and carrying out schemes for the im-

roved methods of cultivation and management

of land to increase production ; ]

(3(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 oF 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.|

—

‘The word “and” at the end of clause (r) omitted by Punjab Act, X

*Added by Punj 7 y Punjab Act XV of 1954, .
Added by pea ACE No. 26 of 1960, section 5(0)

—
—_

V of 1954.

156 GRAM PANCHAYAT [1953 : Ph. Act ty

(2) Subject to such exceptions as Government _

by general of special or ‘er, make, a Gram Panchayy;

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 con-
nected 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 ;

(ec) relief against famine or other calamity ;

({) 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 contro! and administration of the Gram
Panchayat

Provided that nothing in this section shall be
deemed to impose any duty or confer any

power onthe Gram Panchayat with respect

to any matter which is under the direct ad-

ministrative control of any department o

Government or local authority, unless such

duty or power has been transferred or delegat

ed to the Gram Panchayat by order of Go-
vernment or, as the case may be, of the loca

authority

Provided further that where Government makes

any such direction, Government shall from

lime to time allotto the Panchayat sue

funds or place at the disposal of the Gram

Panchayat such sources of income as it mé

deem sufficient.

all
© Scanned with OKEN Scanner

GRAM PANCHAYAT 157

(3) It shall be the duty of the Gram Panchayat with-
a ithe Sabha area] to perform—

a) the duties of the Panchayat unde
pu het ( Village and Small Town Patrol Aa ne

rol 2for any other Act for the time being in aif force] ; and

b) such duties of village headmen in Cc i ( with village watchmen as Government may prescribe by rules under section 39-A of the ait Punjab Laws Act, 1872 "or any other Act vet for the time being in force].

20. Notwithstanding anything to the contrary in the Functions of the
Punjab District Boards Act, 1883 *[or any other Act ‘istrict board which : : > . : may be delegated to
for the time being in force] the district board may and the Gram Pancha
shall, if so required by Government, delegate any of the
following duties to the Gram Panchayat, namely—

KX of 1883.

(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 ;

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 ol de-

fault 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.

‘Substituted by Punjab Act No. 26 of 1960, section 5(c).

"Inserted by the Punjab Zila Parishads, Panchayat Samitis and Gram Sabhas (Re-
Onstitution and Reorganisation) Order, 1969.

oo
158 GRAM PANCHAYAT [1953 : Ph. Act Iv

Power to _require 21. (/) A Gram Panchayat on receiving g report removal and or Other information and on taking such evidence, jf an
nuisance. as it. thinks fit, may make a conditional order a ’ Te uirj 3

within a time to be fixed in the order :— (Uuiring

(a) the owner or the occupier of any building
"or land— °
Eee

(i) to remove any encroachment on
street, place or drain ; ?

a public

(ii) to close, remove, alter, repair, Cleanse, dis-
infect or. put#in good order any latrine
urinal, water-closet, drain, cess-pool
or other receptacle for filth, Sullage-
water, rubbish oryrefuse 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,fillip, 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 there-

from 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 wa
or building ;

1953 : Pb. Act IV] GRAM PANCHAYAT 159

mer of ¢ rani (d) the owne of ny dog or other animal suffer-
ing O1 cpasone sy Suspected to be suffering
‘om rabies or shi anger ' which is dangerous, to destroy

or confine or cause to be confi ined s
or animal ; uch do g

. such harm
weed from such land ; ful

(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 strect passing in front
of the building or through his land ;—

(nh) 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.

. “ Power to make

22. A Gram Panchayat may by general order to be Powe, cruers.

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 ;

160

>
GRAM PANCHAYAT [1953.: Ph. Ag Iv

(c) regulate or prohibit the steeping of hem Or
any other plant in or near ponds or Other
excavations within two hundred and twenty
yards of the residential area of a Village .
‘eguiate or prohibit the dycing or tannin of o sis 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, xt otisy or Punjab Panchayat Act, 192] ‘for any other Act for the time being in force] it shal| @ of 1, 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 resi- dential area of a village :

Provided that where a pottery-kiln was working at the time of the establishment of Gram Pan- Chayat under the Punjab Village Panchayat Act, 1939 » and the Punjab Panchayat Act, Xtof 9
1921, "Lor any other Act for the time being 11 of 1%! In force] it shall not be prohibited unless the Gram fam Panchayat Provides reasonable facilities for Practising it outside the two hundred and twenty yards limits : 2 —_--s»¥—

Mnserted by the P
(Reconstitution and R cOrganisatio

unjab Zila p arishads, Pancha
n) Order, 1969,

— ———

yat Samitisand Gram Sabhas

~~
1953 : Pb. Act IV] GRAM PANCHAYAT 161

(g) direct that the carcasses of i
‘thi Ws new all animals dyi
Ye the village, except animals slaughtenng
or consumption shall not be disposed

within a radious of 440 yards of the resid tit
area of the village : ude nue

Provided that nothing shall b at Shall be done under this
clause to interfere with the legal ri | eon 1¢ legal rights of any

(n) regulate the construction of new buildi
° e n

or the extension or alterations of any editing
- building or the abadi ;

(i) regulate with the previous permission of Govern-

ment 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 ;

(1) regulate the _ maintenance of watercourses

meant for irrigation purposes ,;

(m) regulate the killing of stray dogs;

(n) regulate the slaughter of animals ; and

(0) prohibit beggary ;

1(p) direct the taking of measuresfor the

tion of waterlogging »

and disposal of dead

preven-

(g) regulate the flaying

animals ;

(r) prohibit the sale of harmful eat

the Sabha area ;

(s) regulate offensive and dangerous

practices.] Ee TT .
SF

1Added by Pynjab Act, No. 26 of 1960, section 6.

ables within

trades or

162 GRAM PANCHAYAT [1953 : Pb. Act ty zi

Penalty for dis- 23. Any person who disobeys an order Of the G
Sen craeneesl Panchayat made under the two last Preceding s_ vam order of the Pan- shall be liable to a penalty which may extend To tions oar five rupees :and if the breach is q continuin ponty- with a further penalty which may extend to = reach, for every day after the first during Which the pr bee

continues : Teach

Provided that the recurring 1 penalt
exceed the sum of rupees five huttdred, Y] shall Not

Power to enquire 24. (1) On a complaint being made to the G ang make wre: Panchayat by any person that a peon, bailiff, constable
bout misconduct 7 ; ‘

Of petty officials chaukidar, patrol of the Irrigation Department fable,
guard, patwari, or vaccinator, canal Overseer, head se
stable, game watcher or an other class of i vants to which Government may by notification exter provisions of this section has misconducted himself an his official capacity, the Gram Panchayat may enquire into the matter and submit a Teport along with the prima facie evidence to the superior officer whom it ma 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 b2 con- strued as empoweririg the Gram Panchayat to summon
any such officials or to exercise control, disciplinary or
otherwise, over them.

Supervision of (2) On the report being made by any person that a
eee, patwari, or chaukidar has failed to perform any duty

imposed upon him by any laws or Tules, the Gram Pan-
chayat 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 Oe
Sub-Divisional Officer as the case may be]. Result he
the action taken thereon shall be communicated to !
Gram Panchayat.

ion 7- ‘Substituted for the word “‘fine” by Punjab Act No. XL] of 1953, section

*Inserted by Punjab Act XV of 1954.

. ph. Act IV] GRAM PANCHAYAT 163
1953

ere Janchav: / . .

95. A Gram Panchayat may notwithstandi
ng any power to contract

jaw 10 {he contrary, respect of any area within its juris. [" the calleettert a

fiction. enter info contract with Government or a local dues — os

: to collect land revenue or any taxes or dues payable

pody . | ., .

ment or a local body on being allowed such

0 Govern

collection charges as may be prescribed.

os? Ye ~ ¢ ¢ ¢

(1) A Gram Panchayat may, by vote of at least Power te introduce

26. sf Panches, direct that intoxicating
"7"

pvo-thirds majority ¢

jiquor May not be sold at any licensed shop within the

jocal area of the Gram Panchayat.

a resolution has been passed under sub-

it shall notwithstanding any resolution

passed by an empowered District Board under section 5

of the Punjab Local Option Act, 1923 ‘for any other Act

for the ume being in force] take effect from the first day of

April of the year next after such resolution.

(2) When

section (1) above,

(3) Notwithstanding anything contained in the Punjab

Excise Act, 1914 ror any other Act for the time being in

force] and the rules made thereunder with regard to the

powers and f unctions of the Collector under the said Act.

such a resolution will be binding upon the Excise an

Taxation Commissioner :

{ of 1914.
Provided that if the Excise and Taxation Com-

missioner is of opinion for reasons to be recorded in

writing that within such local area_ illicit distillation oF

smuggling of alcohol has been carried onor 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.

27. (1) A Gram Panchayat may, from time to time, By-laws.

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.

Panchayat Samitis and Gram S

1969.

—-

Recrsented by the Punjab Zila Parishads,

nstitution and Reorganisation) Order,

abhas

Entry and Inspec.
tion.

Transfer Of forest area or Irrigation Work.

164 GRAM PANCHAYAT [1953 : pp. Act
Iy “le der sub-section (7

aking a by law a | ( /) the Set oath rin direct that a breach of it g]

Y e .
Dee

for every day after the first during Which the breach continues.

this section to
he power conferred under 5 make bys i subject to the condition of previous

, Publication
for such time and in such manner as the Directo, determine, and no by-law Shall com

°
dy

28. The Sarpanch of the Gram Pancha authorised in writing in this behalf by the G

Y Tules or make or execute, or Which it
IS Necessary for a Gram Panchayat for any the pur-
Poses or in Pursuance of any

Provided that—
(a) xcept when it is under this Act other wise “Xpressly provided No such Entry shall be made etween Sunset and Sunrise ;

( Cé Shall in every instance be
Elven even Y Premises can other- Wise be entere Without notice to enable ‘ of an apartment occupied by 1 to remove themselves to Some part

1€ premises Where their Privacy shall
hot be disturbed > and

29. (1) Gove

itions
lay, Subject to such condition

i. may be prese d, transfer fo any Gram Panchayat
overnmaseme

Maintenance of a forest aa

te et Waste Ja Within ;
darie

Of its JUrIsdiction,
nit “nd near the Poun

of 1894

Il ef 1873,

- Pb. Act IV] GRAM PANCHAYAT 165

4953
Government may, subject to such conditions as

aay rescribed, transfer to any Gram Panchayat
rotection of any irrigation work, and its extensions

the P 3 ape eee
and the regulation of the distribution of water from any

such work.

When a Gram Panchayat requires any land to Acquisition of land,

carry out any purpose of this Act, it shall first try to obtain

the land by private negotiations and if the parties con-

cerned fail to arrive at an agreement, such Gram Pan-

chayat ma make an application in the prescribed form

Collector to acquire the land and the Collector

to the L
e such land under the provisions of the Land

may acqui
Acquisition Act, 1894.

Janation.—In this Chapter the expression ‘land’

to arise out of land, and things attached

manently fastened to anything attached
Exp

includes benefits

to the earth or per

to the earth.

31. The Gram Panchayat

district board start, manage and regulate new fairs an

markets with such conditions as to the share of income

accruing therefrom as may be mutually agreed upon.

32. A Gram Panchayat shall have control of

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

teing 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, an

may—
verts 5

(a) construct new bridges or cul

(b) divert, discontinue OF close any public street,

culvert or bridge ;

otherwise improve any

public street, culvert or bridge with mini-

to the neighbouring fields ;

mum damage ee

oe
Inserted by the Punjab Zila Parishads, panchayat Samitis and Gram Sabhas

(Reconstitution and Reorganisation) Order,

may with the consent of Power to manage
d fairs and markets.

all Power over water-

GRAM PANCHAYAT [1953 : Pp.
166 Act Mi

(d) deepen of otherwise linProve Waterways .
(c) with the sanction of the P dee ibed Author, | and where a canal exists under the Northa!

India Canal and Drainage Act, 1873, 1 or gt
other Act for the time being in force] Dy My
the sanction’ also of such officer of
gation Department as Government ma

undertake small irrigation projects;
(f) cut any hedge or branch of any tree Projectin,

ona public street ; | 2g

(g) notify the setting apart of any public Water.
course for drinking or culinary purposes, an
prohibit bathing, washing of clothes anq ani.
mals or doing of other acts likely to Dollute
the course so set apart :

Irrj.

> @PPoint,

I
E
R

Provided that nothing shall be done under clayse (¢)
which may affect a canal governed by the Northern India
Canal and Drainage Act, 1873, ‘Lor any other Act for the We
time being in force] without the prior permission of the
authority prescribed by Government in this behalf. i

Powers regarding *132-A. (1) A Gram Panchayat may— naming of streets and numbering of (a) cause a name to be given to a street by affixing
buildings, it to or painting 1i on any building or otherwise

in such a position or manner as it may think —
fit ;

(6) 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 oF Occupier of any building to paint thereon a number oF 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 aflixe
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, bé liable to a fine which may extend to ten rupees. |

Inserted by the Puni: : Aus ~ ay Sabh® in J®#b Zila Parishads 2 a amitis an rain Sab (Reconstitution and Reorganisation) Order,’ 1960. —— es “Inserted by Punjab Act No. 26 of 1960, section 7,

4953 : Pb. Act IV] GRAM PANCHAYA‘ Sale 167

133. (1) A Gram Pi m Panchayat shall for the discharge Eusstional Sub-
d

cr e

° e
e

c ats administrati
v .

oO ative functions and other duties appoint Commitees an

C ocal Committe
es

ctional Sub- +t coe
Function Sub-Committees and Local Committees cee en Pact

(2) The Functional Sub-Committ
} me ~~

the Pancha by assisting them with su shall strengthen

sage of planning and help in executionse’ devel ned opment

work.

(3) In case a Sabha area i

one village, each village rail have a Local C ore than

consisting of the Panches of the villase and ommittee

“embers of the village, which will look after the ‘evatoy.
ment of the village 2nd will be considere! as Functional

Sub-Committees for all purposes.]

as may be prescribed to the cepar ment c
(

‘m oncerned in ‘he f schools and

efficient running of the schools, hospitals and dispensaries hospitals or disper
saries.

in or near its jurisdiction.

21(2) The Gram Panchayat m*y 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 of

approved by Government.]

34, *(1) The Gram Panchayat shall give such help Helpia_mainttre
ance and improve~

35, Where a group of neighbouring
Gram Panchayat etablishment of

areas have no primary school, hospital or dispensary, primary. schogs.

the Gram Panchayats ihereof shall, if so directed by the Pensary for a

prescribed authority, combine to help in establishing such group of Pancha-

ic or Unanl dispensary we.

1 school, hospital oF Ayurved

and it shall be managed in the manner prescribed:

Government
OF the District Board

ds, as may be necessary for the purpose

nchayats concerned.

rescribed by Assistance
Government

Govern
- servants.

Provided that

shall place such fun

at the disposal of the Gram Pa

36. A Gram panchayat

Government and so far a

in the performance
Oo

ment servant 1n

area.
ee

——
——_—

_ 26 of 1960; section 8.

tion (2)s added by Punjab

Substituted
by Punjab’ Act No

sub-s2ction
() and sub-se¢

as
*3:ctloa 34, rzaumb2red ;

ction 7:

Ast No. 26 of 1969, se

—
168 GRAM PANCHAYAT [1953 : Pp, Act ty for de under this Act and

37. Subject ‘o rules made | fo ofr maragetnent conditions agreed upon in writing a Gram P ty. | DChayat
SNMaHTEHORS, HO Say rc opive from any person any prope ¥ vested in + or the management of any institution, or the executj or maintenance of any work, or the performance of any duty, within its area : |

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

CRIMINAL JUDICIAL FUNCTIoNs karistinton 38. The criminal] jurisdiction of a Gram Panchayat
ms "Shall be confined to ‘the trial of offence; Specified in

[Schedule I-A].
Additional power 39, Every Panchayat With enhanced Powers, and every
— Pancha- Adalti Panchayat Shall have j ave Jurisdiction to try—

(2) any other offence, not punishable With imprison-
ment for more than two years, which Govern-
ment may by notification; Ceclare to be triable
by such Panchayats. Jurisdiction, ete. 40), (1) For the Purpose of decidi

. ee,
eciding w er an

thee alls within the jurisdiction of a [* 5 Paces yt
1siOns Section 9

:
Tocedure, 1898. sh $179 to 182 of the Coda o f-Criminal 18

all apply,
V of 2) 3 P wt .

.
Cous ) {EAI Panchayat Shall be deemed to be Criminal
—____HEn trying g criminal cage. ‘Substituted Yaron

ee fOr" Schedule M by Punjab Act No, XLy,

f 1953, Section 8,
The word “Gram” Omitted b Y Punjab Act No. *Substi tuted for the Words

XLI of 1953, section 17, “The Gram » by ibid, Section 18,

~
~

1953
:

Pb,
Act

IV]
C
i
R
A
M

P
A
N
C
H
A
Y
A
T

169

4i,
Any

magistrate
before

w
h
o
m

a
complaint

panchayat
18

brought
or

who
takes

cognizance
of

an
such

offence
upon

his
own

knowledge
or

suspicion
shall

‘ransfer
the

proceedings
to

*[a]
Panchayat

of
competent

jurisdiction
:

Provided
that

a
*[Chief

Judicial
Magistrate]

may
ror

reasons
to

be
recorded

in
writing

transfer
any

criminal
case

from
one

**
*

Panchayat
to

another
‘f

*
]
Panchayat

of
c
o
m
p
e
t
e
n
t

jurisdiction
or

to
another

court
subordinate

to
him.

eg,
42.

(Z)
Subject

to
the

provisions
of

sub
section

(3)
xiv

of I8
‘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)
W
h
e
n

information
relating

to
the

c
o
m
m
i
s
s
i
o
n

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

ond
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

intimate!
in

writing
that

the
investigation

has
been

concluded.
S
c
h

officer
shall

send
the

in‘ormation
to

the
5*

*
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].

43,
(/)

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

lo
any

Panch
and

shall
at

the
same

time
pay

the
fee

Prescribed
in

Schedule
III:

~
~

-
_

T
e

m
e

word
“
G
r
a
m
”

omitted
by

Punjab
Act

No.
X LI

of
1953,

section
32.

seu bstituted
for

the
words

‘the
Gram”?

by
ibid,

sections
21

and
22.

£1964
(Substituted

for
the

words
“District

Magistrate”
by

Punjab
Act

No.
29

of
10%

**Gram”
omitted

by
Punjab

Act
XLI

of
1933,

secuon
I.

"Added
by
o
e

omitted
by

pid,
section

28.

Transfers,

Exclusion
of

certain
cases.

Cognizance
of

criminal
cases.

170 GRAM PANCHAYAT [1953 .
Provided that if the court-fee stamp ig

;
. AWaila

I Where the 1* * Panchayat Ordinarity ble
at the place in cas| ll be pai si an equivalent amount in cash sha e paid.

If the complaint is made orally, such Patticu, as ny be prescribed shall be recorded by the Sarpangy or the Panch, as the case may be,
(3) Notwithstanding anything Contained in Sub-s

(1) a Panchayat shall be com Ction Ctent to take BNizance
suo moto of cases falling un &r sections 0, 28, 264
277, 289, 290, 294, 510 of the Indian Pena} Code, and x
under sections 3 and 4 of the unjab Juvenile Smoking a
Act, 1918, for any other Act for the time being in force), i Action on com- 44. (J) The 1* x Panchayat May, after €Xamini

plaint, the [complainant], if a ny ; and after fy
necessary, either dismiss the complaint accused to attend.

all subject N (3) operate as an

| Mplainant satisfies the 1% « Panchayat
his absence Was due to some unavoidable cause and

€ could Not notify the 1 Z anchayat thereof “ Panchayat may revive the
Provided that n ; © Order of dismissal shall be set aside

Without a notice to the accuseg if it has
*k en passed after

IS appearance before the 1% anchayat,
Power of Pan Chayats to refuse AS, If at any lime it appears lo the ts x Panchayat

toentertain cr. a the offence jg one for which the
dase, the 1% a ‘

4 Sentence which Competent to Pass would be

Inadequate, It shal] Send the Tecord of the Case by order

1N writing to the “[Chier Jud ne icial Magistrate]. oe
ee 1The word “Gram” OMmilted by pans C

Sth 13.

(Reged by ths a walab Zilg Panis, Ge No. XL gi 1953, sections 12 and
Onan

‘ ‘Substituted for | Or enisatio Mitis and Gram Sabhas
he word m) Order, 1969, .

“Substituted for the Words “pow aint” b Om] OY Punjab Act 26 of 1960, section 10.
IStrict Magistrate? by Punjab Act No. 25 of 1964.

CG Scanned with OKEN Scanner

. pb. Act IV] GRAM PANCHA YAT TI

¢ the accused fails to appear of cannot be Proceedings ot 1953 °
; ]

46. D0 & panch: 1% Panchayat shall report the fact fo the failure of the
accused tg

y, the ,
foun’, Magistrate.

appear.

neare
istrate shall issue a we Magistrate hall issue a warrant for the arrest

9) The
|

r the accused and shall direct by endorsement on the

nt that if such person executes a bond with sufficient

curetics for his attendance before himself in the manner

sure ded by section 76 of the Code of Criminal Procedure

rovier shall be released from custody.

1808:

3) When the accused appears before th agistr:

Cr girect him to execute a bond with or without

ies to appear before the ** * Panchayats, Sarpanch

Panch on such date as he may direct and thereafter

ntinue to appear before the 1* * Panchayat as

h person or the i* * Panchayat.

(4) On his failure to execute such bond the Magistrate

shall order that the accused be produced in custody before

the person mentioned 1n sub-section (3) *[or] the le &

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 ihe fact to the Magistrate before whom the

such Magistrate shall proceed

bond was executed, and
L

in accordance with the provisions of Chapter XLII 0: the

"oe Code of Criminal Procedure, |

.
.

rompt dispe |

47, (1) The ** * Panchayat shall, if possible, try Prom ease

the day on which the

a criminal case and pass orders on
ch the

accused appears and, if that is not possible, may; if he ts

‘re him to execute @ bond with or

not already on bail, requi
te at no

without sureties for a sum not exceeding five hundre

rupees to appear before the !* * Panchayal on any

subsequent day or days to which the trial may be adjournes-

forfeited shall be

such bond if
if it were 4 fine

(2) The amount of
« * Panchayat as

recoverable by the J

XLI of 1953, sections 13 (and 14.

1The word “Gram” omitted by Punjab Act No.

1Substituted for the word “of” by section 13 (i), ibid.

* = LIRAM PANCHAYAT

(3) Ifthe Vecused lails to Cxecute
sub-section (1) the 1* , Magistrate of

€ rec :
‘nchayat Shall: ireg

the fact and the date fixed fost orm oy
hearing ; and the Magistrate Shall under Subssections (2), (3 Proceeq ,. the , ne

» (3) and (4) of's 48, (7) Al® x Panchayat m

Punishment,

ay on “ONViction
(2) sentence the “Ccused to one hundred rupees or if mya enhan ed ein,’

under his Act, to 4 € not exceed Powe |
hundred rupees or do le the Valu ing tw,
damage or loss Caused by this Act Whee th,
IS greater -

> UCheye Provided that mu: 0 fine Shall €xceed
n fine Prescribed by law for that of .

(5) discharge him after due admonition ; |
C) require

thi

Suardian to execute within
Such time as the 1* anchayat may fix,
a bond, with or without Sureties of an amount undred Tupees, binding
himself to prevent such

: : faken under clauses (c)
and (d) of the f, Oregoing Sub-section if forfeited, shall be
recoverable by the 1* ‘% anchayat as if it were a fine
imposed by j i

or his father or his be punishable with one hundred rupees, —___ Ge “Gram” Omitted by Punjab Act No. XLI of 1953,

1The word

Act IV] GRAM PANCHA YAT 173
rere a * Panchayat imposes a fi

3) Mons of this section and such a fine is not nid
(ne pro it shall record an order declaring the am Mitt of
rege ap osed and that it has not been paid and ara

fine Jd the sane to the nearest *[Judicial ’Mapistr te
fore’ pall sroceed 10 exccute it as if il were an order sassed

who rimse (, and such *[ Judicial Magistrate] m Pa
he accused (0 imprisonment in default of

pancho he ortted-— whole or any part of the fine

q) in defraying expenses properly in
(a) oe py the complainant oper curred in the

compensation for any material dama e

loss caused by the offence committed. ee

(2) If the ** * * Panchayat considers that a case is

false OT frivolous or vexatious it may cal] upon the com-

plainant to show cause why he should not pay compensa-

tion to the accused. 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

py the complainant to the accused.

59. No convicti

be a previous conviction for the purpose of section

«, of the Indian Penal Code, 1860, or section 562 or 565 of the

(b) in

(LVof 18
voflt8. Code of Criminal Procedure, 1898

51, (1) The [Chief Judicial Magistrate],

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

direct the retrial of any criminal case by the same or any

other 1* * 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.
* by Punjab Act

Substituted for the word “Gram

substituted for the word ‘Magistrate’ by Punjab Act N a5 ONO

‘ ubstituted for the words “District Magistrate” by Punjab Ac : 0053

if satisfied S

1) Ifa fine is imposed under thi |

4 . (
his Act, the 1* + compesestion.

ction under this Act shall be deemed to Conviction by the
1*Panchayat not

previous cOnVIC-

tion.

upervision of crimi-

nal proceedings by

Chief Judicial

Magistrate].

made by ‘[a] Panchayat or .

__so<»4l

174 Gram PANCHAYAT [1953 : Ph. Acg ty

CHAPTER V

Civ|L AND REVENUE JUDICIAL FUNCTIONS

52. (J) Notwithstanding any other law for the time

being in force and subject to the other provisions of thi,

Act, the jurisdiction to try any of the suits mentioneg

hereunder shall vest in a ** * Panchayat—

(a) suits for the recovery of movable property or
the value of such property,

(6) suits for money or goods due on contracts, or
price thereof,

(d) suits mentioned in clauses (j), (K), (J) and (n) of
sub-section (3) of section 77 of the Punjabx
Tenancy Act, 1887 [or any other Act for the
time being in force].

(2) The pecuniary limits of the jurisdiction of a Pancha”

yat with enhanced powers shall be five hundred rupees 10
respect of suits falling under clauses (a), (6) and (c) of sub-

section (/) and two hundred rupees in respect of suits falling

under clause (qd) of the said sub-section. The pecuniary

limits of jurisdiction of other Panchayats shall be we

hundred rupees in respect of suits falling under clause

(a), (b) and (c) of sub-section (/) and one hundred rupt®
in respect of suits falling vnder clause (q) of the said S

section. suit’

Panchayat to be ~—_—*-§3.. «(/) The !* * Panchayat when trying such oie
or revenue court. Shall be deemed to be a civil or revenue courl as 0,

may be. Unless relinquished in part, the suit shall ne Lie
the whole of the claim and no subsequent sults sha 40)

before the }* * Panchayat or any other cour! for

claim or a part thereof relinquished or omitted. ,

* Panchayat ¥

Powers.

Limits to jurisdic (2) No suit shall lie before a }* be mad?
esi the defendant or one of the defendants, sought to @ at the

liable for the claim, where there are more than ores on
time of the institution of the suit resides oF ‘thin OM
business or personally works for gain, or has sa ried 0"
year of the institution of the suit resided or he jini
business or personally worked for gain, within polly oe eee . W
of its jurisdiction or the cause of action has arisen

or in part within these limits. ee

ion 17.
1The word ‘‘Gram” omitted by Punjab Act No. XLI of 1953, section 1

_—
|

Punjab Act
V of 1939.

1953:

y
} *

(2)
to be

. pp. Act IV] GRAM PANCHAYA'r

hayat of competent jurisdiction,

175

_ (2) Any other court before whom a snit tr

The District Judge or Collector may, for reasons
recorded in writing, transfer, any civil or revenue suit
tively from one —* * Panchayat to another 1* #

resp ayat of competent jurisdiction or to another court
anchay

rpordinate
to him.

ss, No suit shall lie in a ’* * Panchayat—

—~—_

‘The word “Gram” omitted by Punjab Act No. XLI of 1

e——

‘inserted by the Punjab Zila Parishads, Panchayat Samitis a
(R

(a) ona balance of a partnership account :

(b) for a share or a part of a share under an intestacy
or for alegacy 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 Agri-

cultural 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 patty ;

(d) by or against a minor or a person of unsound

mind or when any such person is in the opinion

of the 1* * Panchayat, a necessary party ;

(ec) against an insolvent for a claim pertaining to

the time prior to the admission of his insolvency

petition ; ;

(f) on account of any dispule or matter regarding

which any suit or application may be ma :
ina Revenue Court as defined in the Punja

Tenancy Act, 1887, except as provid od
clause (d) of sub-section (/) of secon 25 ll

(g) in which the matter directly and substan a
in issue is pending for decision in oF hae om:

heard and finally decided bya ae between
petent jurisdiction in a former UN on they
the same parties or those under W

claim. ee
_ ae

—_———

——~

53, section 17.
nd Gram Sabbas

Exclusion of Pan-
chayats jurisdiction,

176 GRAM PANCHAYAT [1953. be

Limitation. 56. (1) The provisions of any law fixi per; limitationfor civil orrevenue Proceedings Shocd of deemed to be amended to the ext Shall
eg period of limitation of any suit triable by 1 that the Panchayat shall not exceed three years Or - fixed in Schedule II if the Claim arose bef Period | + 0 commencement of this Act. e (2) Any time spent on Proceedings Panchayat to which the Provisions of Sections §2 are applicable shall be excluded from any period ry 7 tation prescribed by law for suits in other courts, 1%

lastitution. 37. (1) Any person who Wishes CO institute a sn; before a1* * Panchayat shall Present a petition Suit writing tothe Sarpanch or in his absence to any Pa In and shall at the same time pay the fees Prescribed «: Schedule III: In Provided that if the court-fee stamp is not ; atthe place where the Panchayat available ( ordinarily Sits, an equivalent amount in cash shall be paid. _(2) Any petition so Presented shall be entered in a Tegister of suits, to be maintained in such form and by
institution SU°H_Person as Government may prescribe.

Wrong institution oe 38. Ifat any lime, i appears to the !* * Panchayat that it as no jurisdiction to (ry a suit, it shall direct the petitioner, by order in writing, to file his suit in the ‘proper court. Summary dismissal. 59. Ifupon the f, ace of the petition, or on examining the petitioner, a 1% * ie ; “ Panchayat is of opinion that the petition is vexatious or frivolous or barred by limitation Or discloses no cause of acti eS no ¢ action, it shall dismiss the petition by order in Writing. Necessary parties 60. (2) Subject to the Provisions of clauses (c) and in suits. (d) of section 55, the 1 , * Panchayat. shall add as Parules to suit any persons Whose presence as parties it considers for a proper decision thereof, and shall enter the names of such rarties in the register of suits, ard 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 opr ortunity ol appearing before the (rial of the suit is | roceeded with.

In all cases where a hew party appears unde! the proviso to sub-section (/) during the trial of a civ Suit, he may require that the trial shall begin de novo.
_—_—_—

d by Punjab Act No. XLI of 1953, Section 17.

> |

| p. Act IV] GRAM PANCHAYAT 177
1953 * r - ‘ intiff or defendant in any suit dies be-

finally decided and the right to

the suit shall, subject fo the provi-
ton SS, be proceeded with at the sue § s (7) of sect . Jause ‘ ‘

of cl the legal representatives of, the s10n) ae of or agains! z

instane plaintilt or the deceased defendant. as the ease
deceasce
may be :

that application in this behalf has been
* Panchayat within thirty days of

provided
the '*

®
- ad to . k :

resentc ithin such further period as the '*
ath or “1 _

oe ral may. for sufficient cause. allow.
ancenedye .

61 Ifa suitis not dismissed under section 59 the 1* Summons.

at shall by summons require the defendant to
anchay | Ir

sppeat before itand answer the petition.

62. (1) If the petitioner fails to appear on the date pismissat in defautt

fixed for hearing or if in the opinion ofthe '* * Pan- and restoration.
chavat he shows negligence in prosecuting his suit, the

iz " * Panchayat may dismiss thesuit unless the de-
fendant admits alJ or any part of the claim, when it shall

be decreed accordingly.

2) A i* * Panchayat shall restore a suit dis-

missed 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 appearin<;
but no order of dismissal shall be set aside without notice
tothe defendant if it has been passed after his appear-
‘nce before the!* * Panchayat.
- A fee of one rupee shall be paid on every such appli-

ion for restoration.

L& Ex parte decisio 1,

+ fe (/) Ifthe defendant fails to appear and the ™

the dat naval Js satisfied that he has received notice of

evadin. {xed for the hearing or that he is intentionally
"8 service the Panchayat may proceed ex parte.

—
— 7 ee

178 GRAM PANCHAYAT

(2) Any defendant against whom a Sui hag decided ex parte, within thirty days from the date .. Deen cuting any process lor enforcement of th Within such further period as © deci: ; the !* P; nchayn: for sufficient cause allow, apply orally or in wee t may the ** * Panchayat, to set aside the order and hee to * Panchayat, if satisfied that the defendant di € ls ceive due notice of the hearing, or was Prevented re. appearing by any sufficient Cause Or was not intentig evading service of summons, shal] Set aside the deci! and shall appoint a day for Proceeding with the suit, no such order shall be passed without Notice to " opposite party. e
A fee of one rupee shall be paid on ever cation for setting a ‘ ~ ¥Yery such anni. Side an ex parte decision. Poli

Fial decision 64. (J) At the conclusion of the tria] the 1* x Panchayat shall pass a decree in writing with or Without costs of the suits in such form as Government may by Tule 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 satis- faction of a decree it shall enter the pay ment or the trans- fer in the register of suits.

(3) A decree passed by a !# * Panchayat shall be executed by it in such manner as may be prescribed. Ifthe 1* # Panchayat finds any difficulty in executing a decree, it may forw ard the decree to the civil revenue
court having jurisdiction and such court shall thereupol
proceed to execvte the decree as if it were a decree passe
by itself,

. . ° , é 65. The District Judge in respect of civil suits of ug
Collector in respect of revenue suits may of hi
moti “idly: set 10n or On an application of the party aggrieved at aside or modif 1

y any decree or order made by a vettial,
Panchayat in a civil or reven ue suit or direct the hayat 0
of the suit by thesame orany other '* * Pancha. dic
competent jurisdiction or by any other cour wy me a fail nate to him if he is satisfied that there ae been
ure of justice whether ona point of fact or law.

—_—

953, section 17 ; . sect on if 1The word “Gram” omitted by Punjab Act No, XLI of 1953
i

2
Act IV] GRAM PANCHAYAT

179

. pb.
$953 °
?

CHAPTER
Vi

IROVISIONS APPLICABLE TO JUDIC

seNERAL R
JUDICIAL

Genel PROCEEDINGS

The provisions of the Code of Criminal General.

08 66. Ns 8, the Code of Civil Procedure, 1908, and

yo at proce indian pvidence Act, 1872, shall not apply to pro-

i? oe befor ix %* Panchayats, save to the extent

10 ceed = q in this Act, but the ' * * Panchayat may

C tie} “the facts of any criminal case or civil or revenue

sot iI legitimate means in its power and thereafter pass

suit DY der, sentence or

enquity an

(2) Every ix *panchayal shall maintain a. brief

memorandum of proceedings of each case tried by tt.

decree as may be in accordance

d good conscience.

Bar to personal

1« * Panchayat shall take!

7, U No member of a
oor

in business or neat re-

loyee or partner
which any of them may be per-

hes disquali-

2) If by reason of the number of Panc

fied ai sub-section (1) there remalDs ae quot the

iz * Panchayat shali send the case or the ee

[Chi ‘cial Magistrate
or the District Judge or

Viet Judie io a
as the case may bé; for

Collectror having Jur
ith law.

disposal in accordance WI
. ; ri. C misé 20d

68. (1) Notwithstanding anything contained 11 a! Gecsion on ath
Boe S

Act or any other Jaw for the time being Ml farce, crimi-

* Panchayat a within

be lawful for the es
2

ounded or to decide any
it vali r

nal case to be comp
’

e
o iz

.
.

‘

its jurisdiction in accordance
with itd ane a

compromise agreed upon between the P

pai (2) Sections 8 to 11 of the Indian e

shall apply (9 judicial proceedings

Panchayat.
_

_ ee
1953, section 17

'The word “Gram” omitted by Punja

‘Substituted for the words “ppistrict Magis!

180 GRAM PANCHAYAT [1953 . Ph, Act ly ; Legal Practi- 69, Notwithstanding anything Contained ;

Bar to Legal Prac oe

the |, itiones Oga!

toner Practitioners Act, 1879, OraeEE pone ctitione: Shal] tai
permitted to appear, plead o1 act be ore a ‘k ‘Nnchays, My
for any party tm any Judicial Proceedings nder thi. Ag 70 (DA Woman or

Tanee of
“ee any other Person SPecial|

permitted by a} * x Panchayat, being a Var y to any 7 ally
proceedings before it May appear thro - gh rised in this behalf,

2) For the Purposes Of this Section <.
not include any lega] Practitioner or aS a clerk to any legal Practitioner or

Q-Writer

ora tout declared as such under Sectl n 36 of the
Practitioners Act, 1879,

71. If at any time, it appears toglx » (a) that It has no iurisdictic y fo try

Difficulties,

> DY Order in Writing, Stating therein ihe Cates of |

Petitioner , as t
;

Complaint o¢
. Ur

Attendano, of

Witnesses 72. (1) [A]! anchayat ma by summ ns send for

“Dy person to appear and give evidence
Cause the Product Or to produce or

10n of any document :
Provide tha —

Xempt from Personal appear” t sub-section (7) of section
136 of the Code of Civil Procedure, [908 shall vot appear jn Person before a anchayat in at* * oivi] suit

OSUMmon a Witness ; dready issued against : ithac. J 1 its pinion the attendance
of the wit S's Canno{ be procured without
#1 amount of Which ; ty, expense or inconvenience able in the “ITCumstances Would be unreason-

>
—_—

The w, rd“ Ord “Gram on: ‘Substituted for the words pY Pu Uniab Act No,

CG Scanned with OKEN Scanner

——

4: pb. Act 1v] GRAM PANCHAYAT 18]

ix * Panchayat shall not require an
; a Po ee ae . any person

or 0 roduce a document unless such a

sum of money be paid (o him as appears
to 2[the] Panchayat (o be sufficient (o defray
his reasonable expenses ;

(d) no woman shall be compelled {o appear as a

witness in person before [a] 1 * Panchayat. Sh:

may be examined on commission in the manner

prescribed; and

f a document 1s produce i in obedience to a

(°) “summons issued under this section the ** * Pan-

chaya’ shall cause the documen: to be copied,

mark the copy after comparing with the

original to be a true copy and return the origina]

document to the person producing the same,

(2) If any person, whom the it & Panchayat summons by

written order to appear or give evidence or to produce any

dccument before if, wilfully ‘ails to obey such summons

the 1** Panchayat may take cognizance of such disobedien¢-

and after giving such person an opportunity to explain

may, on conviction, sentence him to a fine not exceedin *

twenty-five rupees.

;
* S t shall Processes.

73. (1) Every summons issued by a 1x * Panchaya

be drawn ‘wp fay such fo m and. shall be signed OF sealed

in such manner as may be prescribed. ns is to be

2} When t eyson on whom the summo

resides. witlh
iction such summons shall

served resides within its jurisd
shal

bul

cI
oca

ordinarily, be served by one of the chukidars Of ,

area bul he 2**Panchayat
may in “ig discreti

“ved by any other person willing 0 do so.

cefendan!
resides at (he

outside the local area oF

ay forwat t e summe”
¢

z
:

larea of whose Juris

vides
be * Pan-

lime) If the accused or the .

its j of (he issue of the summons

6 hee on the 'e*Panchaya
l m

S the ™ * Panchayat within the locale’’’ oy ich

oe the accused ot the defendant
resides and — 2 amon

is ‘yal shall cause it to be serve as if if

‘ued by itself,
_

1The

Substin “Gram” omitted by Punjab
Nuted fo Seem? pid:

, r the word “Gram’’ by!

"
unjab Act N

Subst;

17 Ututed for the words ‘‘The Gram’’ by P

Oo”
: Fh. Au n

4) if the accused or the defendant resides at the ¢;
tne Deve of the summons outside the 1[j urisdiction of AIP: of
chayat ** * the ** * Panchayat may, where it is not possi} a
serve the summons through another ** * Panchayat Twang
the summons to the nearest “[Judicial Magistrate] Who sha cause it to be served as if it were a summons issued by himself.

182 GRAM PANCHAYAT [1953

Transfer application 74. (1) _ If in any criminal case or ciyi] OT revenye
suit be‘ore a ***Panchayat any party intimates at any stace before the announcement of the final order or decree that he intends to make an application under this Section to the 4{Chie’ Judicial Magistrate] or the District Judge or the Collector, as “he case may be, for the transfer of the cas2 suit the * * Panchayat, Shall, upon his executing, ifso requir. ed,a bond without sureties of an amount not exceeding ten rupees, ‘hat he will make such application within a reason. able time to be fixed by the 3* * 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) Ifthe application be not made within the time allow-
ed, the amount of such bond shall be for feited and may b: recoverable by the 3* * Panchayat as if it werea fine
imposed by itself.

may of proceeds 75. The ‘[Chief Judicial Magistrate] or the District
| Judge or the Collector, as the case may be, on an applica:

tion for transfer, order [a] Panchayat to stay the Piet ceedings pending before it and on receipt of such orde
the ** * Panchayat shall stay the proceedings.
—

Substituted for the word “Gram”? by Punjab Act No. XLI of 1953.

*The word “area ’’ omitted by ibid.

“The word “Gram”? omitted by Punjab Act No. XL] of 1953.
“Substituted forthe words‘‘District Magistrate’ by Punjab Act No. 25 of 1968
‘Substituted for the word “Gram’’ by Punjab Act XLI of 1953.

. p ‘
1953 ° Pb. Act IV] GRAM Panonatat

¢ any movable property, direct

or the movable property be delivenet by inoney be paid,
’ Stalments.

183

77, (1) A** *® Panchayat
tent to cancel, revise or alter eng ‘a ne be compe-

order passed by it in any judicial proce, dines or final

ox parte decrees or orders ; and subject to the provisions
of sections 51 and 65, no sentence, decree e provisions

passed by a. * Panchayat in judicia’ other order

shall be subject to appeal, or revision b proceedings

or authority.
y any other court

(2) The provisions of sections 10

of Criminal Procedure, 1908 and section 403 of the. Code

of Criminal Procedure, 1898 shall apply to all civil, revenue

and criminal proceedings beforea ** * Panchayat

of 1908-

rof 1898-

78. Any sum realized bya ** * = P

by way of judicial fees or of judicial fines shall aor e

dited to the consolidated fund of the State in the manner

prescribed].

480 to 482 of
79. (1) The provisions of sections

shall apply
V_ of 1898. the Code of Criminal Procedure, 1898,

judicial proceedings under this Act :

Provided that, the fine imposed for contempt of court

shall not exceed twenty-five rupees.

512, 517 and 522 of

1898, shall apply to

yat, and in any
‘ons 517 and

(2) The provisions of sections
lo | f 1998, the Code of Criminal Procedure,

criminal proceedings before ‘Tal Panché

order made by a Panchayat in relation to section

by 7 Y
1898, is not com-

522 of > Cri 1 Procedure,
of the Code of Crimina iP rd the same to the

lied wit - shall forwa
Pp with, the panchayat s nen shall proceed to exe-

nearest “[Judicial Magistrate]

cute it as if it were an order passed by himself.

EE ee
tions 21

ct No. 41 of 1953, sec

cL of 19535,
ent may prescribe”

Punjab A

1Substituted for the words “the Gram’ by

22.

*The word “Gram” omitted by Punjab /

epbstituted
for the words ‘kept in such custody as

» section 254 (il).
cNo.

“Substituted
for ie ord ‘‘Magistrate

b Act No

and
t No.

Governm

by
« of 196:

+ by Punja
25 of 196 +

Payment by in-

stalments.

Finality of deci-
sion.

Res Judicata.

Custody of

money.

Contempt of

to Court.

Conjunctive
powers.

Sabha Fund]

Sources of Gram
Fund.

184 GRAM PANCHAYAT [1953 : Pb. | Act Iy
CHAPTER VII

FINANCE AND TAXATION

‘[80. There shall be a Sabha Panchayat and the same shall be utilised the duties and obligations Imposed on the Pancha or any Committee thereof by this or any other enactmy and for such other purposes of the Panchayat as the St te Government may prescribe]. ale
‘[81. (2) The following moneys shall to the Gram Funq— 6 y be Ctediteq

Fund] for . Sac for Carryin h
& out

(a) all grants from Government or ot authorities ;
her Local

() the balance (if any) standin & al the credit ae Panchayat at the Commencement of ths

of all funds which In the opinion of the collecto; were or are

(d) all donations :

(e) all taxes, duties realized under this Act nd fees imposed and

all dust, dirt, dung or refuse : ervants of the Panchayats
any oe anes vcore emals not claimed. by or n accordance With any custom the pee and th y and vested mn thee Sbh eet produce of a

Section 3,

Of 1960, Section 1].
unjab Act No, 26 of 1960, section12.

4953: Pb. Act IV] GRAM PANCHAYAT 185
(g) income dorived from (the village fisheries i" § which

are under the management of Panchayats ; aYdalos ,

(n) income derived from c Common la nds vested j in
the Panchayat und

° . © er ¢ ¢

being in force. iny law for the time

(2) The Government shall ever
°

Panchayat a portion of the land raven nar hs to every

(han ten per, centum of the total annual la ane less

realized within the limits of the Sabha area which shall a

ne credited to the Gram Fund.

$2. (1) Subject to rules made under .thi

order made by Government in this behalf, Gram Panehavat om

shall impose¢,—

(a) a house-tax payable by the occupier or

a house is vacant, by the ore , where

Provided that if any house remains vacant

for a period of one year ormore, it shall be

exempt from payment of the house-tax ;

val of Government, a
(b) with the previous appro

tax on persons carrying on any profession,

trade, calling and employment (other than
such

agriculture) in the Sabha area provide
in the Sabha area

tax has not been imposed 1D

by any other local authority under any law

for the time being in force ;

te form of a surcharge

transfers of properly int

on the duty imposed by the Indian Stamp

‘astruments
of sale, gilt an

Act, 1899, on 10
with possession

mortgage erty situated in the Sabie area at Sued ed

the Governamen
as may be fixed by as the case may be,

value
ing two per centum OM o ati th

Lae nsideration e

the amount of (he consic ee secured BY

of tl roperty or feo
sect

the he Poagee, as sel forth in the instt

tax, duty OF cess which (he Leg

State has powel {o impose
+

186 GRAM PANCHAYAT [1953 : pp, Act 1y 86

rovided that if (he Gram Panchayat fails 4,
ite {he (ax, duty or CeSS Government my
take necessary stops fo impose it and the tax duty or cess so imposed shall be deemeq is
have been imposed by the Gram Panchayat ;
Provided further, that the Government ma
at any time withdraw the authorisation under clause (c) or clause (qd) 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 ; 2

(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
Power t Panchayat.] CX-

.
e e ang wien gies, 83. Subject to such restrictions and control as may recovereble be prescribed a Gra m Panchayat may write off any tax, amounts, ce 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, feo amount or sum 1s Irrecoverable.

Expenses of
Grim Pan. , 84. The expens aq: ats shall be chayats. ” charged to the Penses of the Gram Panchaya Sabha F *l ¢ f the Adalti anchayat on a re a Fund] *[ and those o

d unds of the Gram Panch. yats concert- een such proportion as may be determined by the pres” Cribed authority,], :
CCovery of ar

Tears. . . ] . “Ar 2 «£ une = this Act Ollector shall recover any sum due
1

ps Aol other than sums due under a decree passed
tion or as fines ety In exercise of its civil ain jurisdicti -- posed in the exercise of its cri!

Juri OD as if they were arrears of land revenue.
eset,

Substituted by Pun} b Act N : *Added by Punjab crn 9- 26 of 1960, section 11. 5 66 o, i The words “Gram? omitted by ibid. secant 7

dD. Act iV]

95” wt the sanction of Gover
’ ith a

nment and ‘

Wnditions as may be prescribed 1 eet Powe to

borrow mone for ‘ : am row, Pore

10 may : y carrying out of

cba ¢ of this Act.
any

pare purpos’ of
hayat may, with th

A m Pancha , the previous per-

87. “the Director, impose a special tax on "the See tax and

members of the Panchayat area for theven

jul! ction of any public work of general utility for
const abitants of the said area ; provided that it

the exempt any member from payment of this tax

may of doing voluntary jJabour or having it done by

ip ne person on his behalf; provided further, that in

an0 an emergency manual labour may be com-
e 0

t
che C45 d without payment land if any person

rily impose
:

pulso q erform such labour without sufficient cause he

does 10 liable to be punished with a fine which may

GRAM PANCHAYAT 187

wd to twenty-five rupees. |

27CHAPTER VIII)

THE PANCHAYAT UNION

CHAPTER IX

CONTROL

by notification.
de Delegation of

i 95, (/) Government may, r
) orany 0 its powers under this Act other tha a Se Sub-

0; make rules, to a Deputy Commissioner [or tor
visional Officer as the case may be] oF the Direo"

; : issioD

i q? The Director may, with the previow® pier than

ernment, delegate any of hi i OW to an officer
thos

No bacieeated fo him * Officer.

Ow the rank of District Panchayat

~~ __

Add
ed

Chapter oe end of section 87, by Act No. XLI a 90, 9h

Ite by p III consisting of sections 88, 5

unjab Act No.. 26 of 1960, section 13.

ee ae ee,

Adq
eq by Pun . ; 54

jab Act XV_ of 19°4- iad 4

or Ths
19¢ ~ WOrds &

” i

4, 50: specified in section 102 and 103 omitte

Ssioner, ] Power of Govern *[95-A, ( I) Notwithstanding anything Contained in this
general election ow Act or the rules made thereunder

{ Chairmen and notification members of Execy. t Ommittees of members of adnhas

188 GRAM PANCHAYAT [1953 . Ph.
1[ (3) The Chief Judicial] Magistrate

Act jy
ae vate 4 ay de]

any of his powers to a Judicia] Magistrate “Bate Oo} t e first
class]. .

. District Judge may delegate any of his powe. to a Seon Judge of the first class. Power,
(5), The Collector may delegate any of p; an Assistant Collector 1S Powe of the first grade. "Sto
(6) The Deputy Commissioner or *[the Sub-D; ;-: Cer, as the Case ma

the power Specified in sect;
Shall not be Celegated on 102 by the Deputy Commi

Government may by

may be appointed for different Sabhas
OF groups thereof.

(2) Notwithstanding anything contained in this i
or the rules made thereunder, the Government may by

ation direct that, b Y Such date as may be Spectiie? a general election of Chairman an
members of e i Committees of al] Sabhas, «nd co of such Committees, shall be helda [Union Terri .

\tory of Chandigarh]; and
ifferent dates

may be 4ppointed for different areas or for different Sabhas or groups thereof

ittees, held an | made after the first day
:

-ontion
> Whether Such election and co op

and made un
eld

der Sub-section (2) or has been het
*Substitut d by Pun; b

25 of 1964, Jab Act No. *Added by id. No. 11 of 1964 4 .

Ww tate of jab”
Samitis and Gram Sabha ( of Punja 7 i ads, by the Punjab Zila Parish S Reconstituti ° er, On and Reorganisation) Ord

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About this act

Jurisdiction: Chandigarh
Enactment date: 1953-03-26
Sections available: Document reader

Source and version

India Code, Government of India. Text fetched 16 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.