| 192. Transmission of accounts.-The Zilla Panchayat shall as soon as the annual accounts have been finally passed by it, transmit to the Government an account in the form prescribed in this behalf and shall furnish such details and vouchers relating to the same as the Government may, from time to time direct. | 192. Transmission of accounts.-The Zilla Panchayat shall as soon as the annual accounts have been finally passed by it, transmit to the Government an account in the form prescribed in this behalf. |
| 193. Power to write off irrecoverable sums.-Subject to such restrictions as may be prescribed a Zilla Panchayat may write off any sum due to it, whether any sum payable in connection therewith, if in its opinion, is irrecoverable. | |
| 194. Audit of Accounts.-(1) The accounts of the Zilla Panchayat Fund shall be audited by the Comptroller and Auditor-General of India (hereinafter referred. to as auditor), in accordance with the provisions of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Services) Act, 1971 (Central Act 56 of 1971). | |
| (2) The auditor shall, for the purpose of audit, have access to all the accounts and other records of the Zilla Panchayat. | |
| (3) The Government shall on receipt of the audit report of the Zilla Panchayats lay them before the State Legislature. | |
| 195. Action by Zilla Panchayat on audit report.-(1) The Zilla Panchayat shall on the report of the auditor or may on its own motion and after taking the explanation of the person concerned or making such further enquiry· as it may consider necessary charge any person responsible for irregular expenditure pointed out by the auditor or the amount of any deficiency or loss caused by the negligence or misconduct of such person or any sum received which ought to have been, but is not brought into account by such person, and shall in every such case, certify the amount due from such person. | (2) On receipt of the audit report, the Zilla Panchayat shall present it to a specially convened Zilla Panchayat meeting, which shall discuss each of the defects or irregularities pointed out in the said report. Zilla Panchayat shall decide action to be taken on each points, which could include fixing of responsibility and proceeding against some employee of Zilla Pachayat. The report of action taken shall be available at Zilla Panchayat office for anyone’s perusal. |
| (2) The Zilla Panchayat shall in writing state the reasons for its decision in respect of every charge and send a copy thereof to the person against whom it is made. | |
| 196. Recovery of amounts disallowed.-(1) Every sum certified by Zilla Panchayat, to be due from any person under sub-section (1) of section 196 shall be paid by such person to the Zilla Panchayat within thirty days from the date of the receipt by him of a copy of the decision. | |
| (2) Such sum, if not duly paid alongwith interest at fifteen percent per annum on the amount due from the date from which it became due, shall be recoverable as an arrear of land revenue alongwith the necessary expenses of such recovery and shall be credited to the Zilla Panchayat Fund. | |
| 197. Procedure for recovery of dues of Zilla Panchayat.-(1) when any sum payable on demand, (a) which by or under the provisions of this Act, is declared to be recoverable in the manner provided by this Chapter; or (b) which is claimable as a fee, tax or other amount due to the Zilla Panchayat under this Act, or under any rules or regulations made thereunder, shall have become payable and remains unpaid for fifteen days after the same is due the Chief Executive Officer or an officer duly authorised by him in writing in this behalf (hereinafter referred to as the authorised officer), may serve upon the person or persons liable to pay such sum, a notice in writing in the prescribed form. | |
| (2) If such person does not, within fifteen days, from the service of such notice of demand upon him, pay the sum due, or show cause to the satisfaction of the Chief Executive Officer as to why the same should not be paid, the Chief Executive Officer or the Executive Officer may recover such sum, with all costs, by distraint and sale of the movable property of the defaulter. | Delete |
| (3) In order to effect the distraint and sale of property under sub-section (2), the Chief Executive Officer or the authorised officer concerned, shall issue a warrant in the prescribed form and a warrant fee of one rupee shall be leviable for each such warrant. | Delete |
| (4) The Chief Executive Officer or the authorised officer concerned shall make an inventory of the property distrained, a copy of which shall on demand be delivered to the defaulter or any person on his behalf, and if the amount due is not paid within fifteen days after distraint, the property may be sold. | Delete |
| (5) The Chief Executive Officer or the authorised officer concerned shall give or cause to be given to every person making payment of the amount due, a receipt thereof signed by him. Such receipt shall specify, (a) the date of the payment thereof; (b) the name of the person by whom it is paid; (c) the amount due in respect of which the payment has been made; (d) the period for which the payment has been made; and (e) the amount in respect of which it is granted. | |
| (6) Any sum due to Zilla Panchayat under this Act, shall without prejudice to any other mode of collection, be recoverable as an arrear of land revenue. | Delete |
| 198. Conditions of distraint and sale.-(1) Whenever, under section 197 any property is distrained, seized or sold in consequence of the non-payment of any amount due, such distraint, seizure and sale shall be effected subject to the provisions of the following sub-sections and of section 62 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908). | Delete |
| (2) All such property as is by the Code of Civil Procedure, 1908 (Central Act 5 of 1908), exempt from attachment or sale in execution of the decree shall be exempt from distraint or sale under this section. | Delete |
| (3) The distress shall not be excessive. The value of the property distrained shall be, as nearly as possible, proportionate to the amount due on account of the fee, rent or the other amount due, and the distraint fee and the probable expenses incidental to the detention and sale of the said property. | Delete |
| (4) When the property seized is subject to speedy and/or natural decay, or if in the opinion of the person seizing the property, the expenses of keeping it in custody together with amount due, exceeds the value of the property, the said person shall immediately after seizure of such property, give notice to the person from whose possession it was seized, to the effect that it will be sold at once and shall sell it accordingly unless the amount due is paid forthwith. | Delete |
| (5) Any surplus amount that may remain after deducting the amount due and of the said expenses, including the expenses of the sale, shall be paid to the owner of the property. | Delete |
| (6) If any claim be set up by a third person to movable property distrained under section 197, the Chief Executive Officer shall after a summary, enquiry held, after giving reasonable notice to the claimant admit or reject the claim. If the claim is admitted wholly or partly, the property shall be disposed of/dealt with accordingly. Except in so far as it is admitted, the property shall be sold and the title of the purchaser shall hold good for all purposes, and the proceeds shall be disposed as hereinbefore directed. Provided that nothing in this sub-section shall be deemed to bar the claimant or any person having any interest in the property distrained from seeking relief in a Civil Court having jurisdiction. | Delete |
| 199. Finance Commission-(1) The Government shall as soon as maybe, within one year from the date of commencement of this Act and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the [Zilla Panchayats, Taluka Panchayats and Panchayats] and to make recommendation to the Government as to:-. (a) the principles which should govern, (i) the distribution between the State and the Zilla Panchayats, and Panchayats and the net proceeds of the tax, duties, tolls and fees leviable by the Government which may be divided between them and allocation between the [Zilla Panchayats, Taluka Panchayats and Panchayats] of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the [Zilla Panchayats, Taluka Panchayats and Panchayats]; (iii) the grants-in-aid to the [Zilla Panchayats, Taluka Panchayats. and Panchayats] from the consolidated fund of the State. (b) the measures needed to improve the financial position of the [Zilla Panchayats, Taluka Panchayats and Panchayats]; (c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the [Zilla Panchayats, Taluka Panchayats and Panchayats]. | |
| (2) The Finance Commission shall consist of a Chairman and two other members. | |
| (3) The Chairman and members of Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed. | (3) The Chairman and members of Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed in Schedule. |
| (4) The Finance Commission shall determine its procedure. | |
| (5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressing to the Finance Secretary to the Government, but he shall continue in office until his resignation is accepted by the Government. | |
| (6) The casual vacancy created by the resignation of the member or Chairman under sub-section (5) or for any other reason, may be filled by fresh appointment and a member or Chairman so appointed shall hold office ror the remaining period for which the member or Chairman in whose place he was appointed would have held office. | |
| (7) The Commission shall have the following powers in the performance of its functions, namely: (a) to call for any record from any officer or authority; (b) to summon any person to give evidence or produce records; (c) such other power as may be prescribed. | |
| (8) The Governor shall cause every recommendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereof to be laid before the State Legislature. | |
| CHAPTER XII Miscellaneous | |
| New Section | 199 A Opinion of Gram Sabha or panchayat Taluka or Zilla Panchayat on certain types of projects: For those projects, which require environmental clearances; or in which a public hearing is mandatory either under some law or under the provisions of that project; or which are related to privatization of any of the activities which were hitherto being done by the Government; for all such projects, the State Government or any other agency implementing or planning such project shall submit for the consideration of all affected Gram Sabhas (if the project is likely to have implications only to a few villages in a block), or to affected panchayat Talukas (if the project is likely to have implications only to a few blocks), or to affected Zilla Panchayats (if the project has trans-district implications), detailed project reports, including their cost and benefit analyses and all other documents connected with such project and allow 4 months’ time for them to give their opinion. All opinions received shall be compiled and published widely. (1) If the matter is sent to Gram Sabhas for their opinion, then these Gram Sabhas shall finalize their opinions in special Gram Sabha meeting to discuss the same. (2) If the matter is sent to Panchayat Talukas for their opinion, then the Panchayat Talukas shall send all material to all Gram Sabhas for their opinions. Panchayat Taluka shall form its opinion on the basis of opinions received from all Gram Sabhas. (3) If the matter is sent to Zilla Panchayats for their opinion, then the Zilla Panchayats shall send all the material to all affected gram sabhas through panchayat Talukas. Zilla Panchayat shall form its opinion on the basis of opinions received from Gram Sabhas. Panchayat Taluka shall try to build a consensus by holding joint meetings of more than one Gram Sabhas, if needed. If consensus is not possible, voting shall take place in Panchayat Taluka. Provided that if any panchayat Taluka wishes to obtain any records or information related to that project and applies for the same to the designated office, the same shall be made available within seven days of application. If any panchayat Taluka raises objections that complete information or records were not made available to them, the State Government or other implementing agency will have to extend the time limit of four months till such time as complete records are made available and sufficient time given to that panchayat Taluka to peruse those records. |
| New Section | 199 B Finances of Panchayats: (1) The State Government shall, in its annual budget, separately mention the amount of funds allocated to each Gram Panchayat, Panchayat Taluka and Zilla Panchayat. All such funds shall be untied funds in the form of direct allocations without any conditions. Amount allocated to each Panchayat, Panchayat Taluka or Zilla Panchayat shall be mentioned in state budget itself and shall be credited to the accounts of Panchayats on 1st April. (2) Unless there is some issue which has inter district implications, like a state highway, state university etc which has trans-district implications, the state government shall not make any scheme or expenditure on items in Panchayat list. |
| New Section | 199 C Administrative approval: All projects cleared by Panchayats, Panchayat Talukas or Zilla Panchayats shall be treated as administrative and financial approvals for such projects. Concerned officials shall immediately proceed with technical sanctions, if needed and subsequent executions. |
| New section | 199 D Transparency of Panchayat, Panchayat Taluka and Zilla Panchayat records: All the documents, files etc of the Gram Panchayat, Panchayat Taluka and Zilla Panchayat office shall be open for public inspection for three days a week between 5 pm and 7 pm. Any person may walk into these offices and ask for inspection of such documents. The person seeking inspection need not be a member of that Panchayat, Panchayat Taluka and Zilla Panchayat. If he needs any photocopies, he shall make an application clearly specifying the documents whose copies he needs and pay @ Re 1 per page of photocopying required in the office of Panchayat, Panchayat Taluka and Zilla Panchayat, as the case may be, who shall provide such copies within a week of receipt of such a request. If the person seeking information wishes to obtain information by post, he shall pay additional charges to cover that cost also. Gram Panchayat, Panchayat Taluka and Zilla Panchayat, as the case may be, shall have the power to impose penalty on any official who does not share information as provided above or creates any obstacle. |
| New Section | 199 E The provisions of this Act shall supercede the provisions of all laws. This Act cannot be amended without the approval from at least two thirds of gram sabhas of this state. |
| 200. Dissolution of Panchayats.-(1) If, in the opinion of the Government, a Panchayat exceeds or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the tiine being in force, the Government may, after[conducting an enquiry] by an order published in the Official Gazette dissolve such Panchayat. | Delete |
| (2) If in the opinion of the Government, a Zilla Panchayat exceeds or abuses its power or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may after conducting an inquiry under section 177, by an order published in the Official Gazette, dissolve such Zilla Panchayat, | Delete |
| (3) Before publishing an order under sub-section (1) or sub-section (2), the Government, shall communicate to the Panchayat or Zilla Panchayat, as the case may be, the grounds on which he or it proposes to do so, fix a reasonable period for the Panchayat or Zilla Panchayat to show-cause against the proposal and consider its explanation and objections, if any. | Delete |
| (4) When a Zilla Panchayat or Panchayat is dissolved, all the members of such Zilla Panchayat or Panchayat, as the case may be, shall, from the date specified in the order, vacate their office as such members. | Delete |
| (5) When a Panchayat or Zilla Panchayat is dissolved it shall be reconstituted in the manner provided in this Act before the end of six months from the date of such dissolution: Provided that where the remainder of the period which the dissolved Zilla Panchayat or Panchayat would have continued is less than six months, it shall not be necessary to hold an election under this section for constituting a Zilla Panchayat or Panchayat for such period. | Delete |
| (6) A Zilla Panchayat or Panchayat constituted upon dissolution before the expiration of its duration, shall continue only for the remainder of the period of which the dissolved Zilla Panchayat or Panchayat would have continued had it not been so dissolved. | Delete |
| (7) If a Panchayat or Zilla Panchayat is dissolved, (a) all the powers and duties of the Zilla Panchayat or Panchayat shall, during the period of its dissolution be exercised and performed by such person or persons as the 86[Government] may from time to time appoint in this behalf; (b) all property vested in the Panchayat or Zilla Panchayat dissolved shall during the period of dissolution vest in the Government; (c) the persons vacating office on dissolution shall be eligible for re-election. | Delete |
| 201. Appeals.-(1) Any person aggrieved by original order of the Panchayat under section 76, 77, 84, 87[...] 104 and 105 of the Act, may, within such period as may be prescribed, appeal to the Director. | Delete |
| (2) The Appellate Authority may, after giving an opportunity to the appellant to be heard and after such enquiry as it deems fit, decide the appeal and its decision shall be final. | Delete |
| 201-A. Appeal on miscellaneous matter dealt by the Panchayats.-(1) Where no appeal has been specifically provided in this Act on any miscellaneous matters which is dealt with by the Panchayat or the Village Panchayat Secretary or the Sarpanch, an appeal shall lie to the Block Development Officer within a period of thirty days from the date of refusal of any request by the said authority and his decision on such appeal, subject to the provision of sub-section (2), shall be final. Explanation:-For the purpose of this section, "refusal" means rejecting of any request in writing or non conveying of any reply to the application within a period of fifteen days from the receipt of application in his office. | Delete |
| (2) A revision shall lie to the Deputy Director against any order passed by the Block Development Officer under sub-section (1) within a period of thirty days from the date of the order.] | Delete |
| 202. Power over decisions of committees.-Every Zilla Panchayat or Panchayat concerned shall have power to revise or modify any decision taken by any of its Committees. | 202. Power over decisions of committees.-Every Zilla Panchayat or Taluka Panchayat or Gram Sabha concerned shall have power to revise or modify any decision taken by any of its Committees. |
| 203. Requisition of premises, vehicles, etc., for election purposes.-(1) If it appears to an officer authorised by the State Election Commission for conduct of elections to the Zilla Panchayat or a Panchayat under this Act (hereinafter referred to as "the requisitioning authority") that in connection with an election under this Act, (a) any premises is needed or is likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or (b) any vehicle or vessel is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the requisitioning authority may by order in writing requisition such premises, such vehicle or vessel as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that no vehicle or vessel which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until the completion of the poll in such elections. | |
| (2) The requisitioning shall be effected by an order in writing addressed to the person deemed by the requisitioning authority, and such order shall be served in the manner prescribed on the person to whom it is addressed. | |
| (3) Whenever any property is requisitioned under sub-section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in this sub-section. | |
| (4) In this section, (a) "premises" means any land, building or part of building and includes a hut, shed or other structure or part thereof; (b) "vehicle" means any vehicle used or capable of being used for the purposes of road transport, whether propelled by mechanical power or otherwise. | |
| | |
| 204. Payment of compensation.-(1) Whenever in pursuance of section 203, the requisitioning authority requisitions any premises, the Panchayat or Zilla Panchayat concerned shall pay to the persons interested compensation the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors that is to say, (i) the rent payable in respect of the premises, if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisitioning of premises the person interested is compelled to change his residence or place of business, the reasonable expense, if any, incidental to such change: Provided that, when any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within thirty days of the order under sub-section (l), the matter shall be referred by the requisitioning authority to the Court having jurisdiction in the locality and the amount of compensation to be paid shall be such as the Court may determine. Explanation:-In this sub-section, the expression "person interested" means the person who was in the actual possession of the premises requisitioning under section 203 immediately before the requisitioning or where no person was in such actual possession, the owner of such premises. | |
| (2) Whenever in pursuance of section 203, the requisitioning authority requisitions any vehicle or vessel, the Panchayat, or Zilla Panchayat shall pay to the owner thereof compensation, the amount of which shall be determined by the requisitioning authority on the basis of fair rates prevailing in the locality for the hire of such vehicle or vessel: Provided that where the owner of such vehicle or vessel being aggrieved by the amount of compensation so determined, makes an application within thirty days to the requisitioning authority, the matter shall be referred to the Court having jurisdiction in the locality and the amount of compensation to be paid shall be such as the Court may determine: Provided further that where immediately before the requisitioning, the vehicle or vessel was, by virtue of hire purchase agreement, in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner, as an arbitrator appointed by the requisitioning authority in this behalf may decide. | |
| 205. Power to obtain information.-The requisitioning authority may, with a view to requisitioning any property under section 203 or determining the compensation payable under section 204, by order, require any person to furnish to such authority as may be " specified in such order, information in his possession relating to such property as may be specified. | |
| 206. Power of entry into and inspection of premises, etc.-(1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle or vessel therein for the purpose of determining whether and if so in what manner an order under section 205 should be made in relation to such premises, vehicle or with a view to securing compliance with any order made under that section. | |
| (2) In this section, the expression "premises" and "vehicle" have the same meaning as in section 203. | |
| 207. Eviction from requisitioned premises.-(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 203, may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. | |
| (2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction. | |
| 208. Release of premises from requisitioning.-(l) When any premises requisitioned under section 203 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time of the requisition or if there was no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. | |
| (2) Where the person to whom possession of any premises requisitioned under section 203 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from the requisition to be affixed on some conspicuous part of such premises and on the notice board of the Office of the Mamlatdar of the Taluka. | |
| (3) When a notice is affixed on the notice board as provided in sub-section (2), the premises specified in such notice shall cease to be subject to requisition on and from the date of such affixing of the notice and be deemed to have been delivered to the person, entitled to possession thereof and the requisitioning authority or the Zilla Panchayat or Panchayat shall not be liable for any compensation or other claim in respect of such premises for any period after the said date. | |
| 209. Penalty for contravention of any order regarding requisition.-If any person contravenes any order made under section 203 or section 205 he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both. | |
| 210. Liability of Members of Panchayats and Zilla Panchayats for loss, waste or misapplication.-(1) Every Member of Panchayat and Zilla Panchayat shall be personally liable for the loss, waste or misapplication of any money or other property of the Panchayat and Zilla Panchayat, respectively, to which he has been a party or which has been caused or facilitated by his misconduct or willful neglect of his duty as a member amounting to fraud. | |
| (2) If, after giving the member concerned a reasonable opportunity for showing cause to the contrary, the Chief Executive Officer is satisfied that the loss, waste or misapplication of any money or other property of the Panchayat or Zilla Panchayat, as the case may be, is a direct consequence of misconduct or willful neglect on the part of such member, he shall, order in writing, direct such member, to pay to the Panchayat or Zilla Panchayat, as the case may be, before a fixed date, the. amount required to get reimbursed from such loss, waste or misapplication: Provided that no such order shall be made for bonafide or technical irregularities or mistakes of a member. | Delete |
| (3) If the amount is not so paid, the Chief Executive Officer shall recover it as an arrear of Land Revenue and credit it to the respective Panchayat or Zilla Panchayat fund, as the case may be. | |
| (4) The order of the Chief Executive Officer shall be subject to an appeal to the Chief Secretary, if made within thirty days from the date of the order. | Delete |
| 210_A. Liability of members for removal.-A member of a Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as a member by an order passed by the Director, for persistent remiss in the discharge of his duties, or if such member acts detrimental to the interest of the Panchayat or misuses or abuses the powers or exercises powers which are not expressly vested in him by or under this Act or rules or bye-laws framed thereunder and the member so removed shall not be eligible for re-election for a period not exceeding five years as the Director may specify in his order.]. | Delete |
| 211. Penalty for acting as a member, Sarpanch or Deputy Sarpanch of Village Panchayat and Adhyaksha or Upadhyaksha of Zilla Panchayat when disqualified. (1) Whoever acts as a member of Panchayat or Zilla Panchayat when he knows that under this Act or the rules made thereunder, he is not entitled to or has ceased to be entitled to hold office as such, shall, on conviction, be punished with fine of one hundred rupees for every day on which he sits or votes as member. | Delete |
| (2) Whoever acts as the Sarpanch or Deputy Sarpanch of Panchayat or Adhyaksha or Upadhyaksha of Zilla Panchayat or exercises any of his functions when he knows that under this Act or the rules made thereunder, he is not entitled to or has ceased to be entitled to hold office as such, or to exercise such functions shall, on conviction, be punished with fine of two hundred rupees for every day on which he acts or functions as such. | Delete |
| (3) Any person who has been the Sarpanch or Deputy Sarpanch of a Panchayat, or Adhyaksha or Upadhyaksha of Zilla Panchayat fails to hand over any document or any moneys or other properties vested in, or belonging to, the Panchayat or the Zilla Panchayat, as the case may be, which are in or have come into his possession or control, to his successor in office or other prescribed authority, (a) in every case as soon as his term of office as Sarpanch or Deputy Sarpanch of Panchayat and Adhyaksha or Upadhyaksha of Zilla Panchayat expires; and (b) in the case of a person who was Deputy Sarpanch on demand by the Sarpanch of the Panchayat and Upadhyaksha of the Zilla Panchayat; shall, on conviction, be punished with a fine which may extend to one hundred rupees. | Delete |
| 212. Penalty for interested member voting.-Whosoever votes as member of a Panchayat or Zilla Panchayat in contravention of the provisions of sub-section (4) of section 55 or clause (g) of sub-section (2) of section 136, shall on conviction, be punished with fine which may extend to five hundred rupees. | Delete |
| 213. Penalty for acquisition by officer or servant of interest in contract.-If any member, officer or servant of a Panchayat or Zilla Panchayat knowingly acquires for himself directly or indirectly, by himself or by a partner, employer or servant, any share or interest in any contract or employment with, by or on behalf of a Panchayat or Zilla Panchayat he shall, on conviction, be punished with fine which may extend to five hundred rupees: Provided that no person shall, by reason of being a shareholder, in or member of, any company, be held to be interested in any contract entered into between such company and the Panchayat or Zilla Panchayat unless he is a Director of such company: Provided further that nothing in this section shall apply to any person who, with the sanction of the Director enters into a contract with a Panchayat or Zilla Panchayat. | 213. Penalty for acquisition by officer or servant of interest in contract.-If any member, officer or servant of a Panchayat or Zilla Panchayat knowingly acquires for himself directly or indirectly, by himself or by a partner, employer or servant, any share or interest in any contract or employment with, by or on behalf of a Panchayat or Zilla Panchayat he shall, on conviction, make himself liable for prosecution. |
| 214 Wrongful obstruction of certain officers.-Any person who prevents the Chief Executive Officer or the Secretary or any person to whom such officer has lawfully delegated his powers from entering on or into any place, building or land, from exercising his lawful power of entering thereon or, therein shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both. | Delete |
| 215. Prohibition against obstruction of Sarpanch or Deputy Sarpanch, etc.-Any person obstructing a Sarpanch, Deputy Sarpanch, Secretary or member of a Panchayat, Adhyaksha, Upadhyaksha, Chief Executive Officer or member of a Zilla Panchayat or any person employed by the Panchayat or Zilla Panchayat or any person with whom a contract has been entered into by or on behalf of a Panchayat or Zilla Panchayat in the discharge of his duty of anything which he is empowered or required to do by virtue, or in consequence of this Act or any rules, bye-laws, regulation or order made thereunder, shall, on conviction, be punished with fine which may extend to five hundred rupees. | Delete |
| 216. Prohibition against removal or obliteration of notice.-Any person, who without authority in the behalf, removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark erected by or under the orders of, a Panchayat, or Zilla Panchayat or its executive authority, shall, on conviction, be punished with fine which may extend to one hundred rupees. | |
| 217. Penalty for not furnishing information or giving false information.-Any person who is required by this Act or by any notice or by other proceedings issued thereunder to furnish any information, fails to furnish any information or knowingly furnishes false information, shall, on conviction, be punished with fine which may extend to one hundred rupees. | 217. Penalty for not furnishing information or giving false information.-Any person who is required by this Act or by any notice or by other proceedings issued thereunder to furnish any information, fails to furnish any information or knowingly furnishes false information, shall, on conviction, be punished with fine which may extend to one hundred rupees. Provided that under Section ______, if information has been requested by the Panchayats from any officer, and if the said officer fails to do so, the penalty may go upto Rupees 25,0000. |
| 218. Bidding prohibited.-(1) No member or employee of the Panchayat or Zilla Panchayat or any officer having any duty to perform in connection with the sale of movable or immovable property under this Act shall directly or indirectly bid for or acquire interest in, any property sold at such sale. | |
| (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees, and if he is an officer or employee of the Panchayat or Zilla Panchayat, shall also be liable for dismissal from service. | |
| 219. Application of the term "public servant" to members of Panchayats and their officers and servants.-Every member of Panchayat, or Zilla Panchayat and every officer and servant, employee under the Panchayat, or Zilla Panchayat shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and the Prevention of Corruption Act, 1988 (Central Act 49 of 1988), for the time being in force. | |
| 220. Damage to any property of Panchayats and how made good.-If through any act, neglect or default on account of which any person shall have incurred penalty imposed by or under this Act and any damage to the property of any Panchayat or Zilla Panchayat shall have been caused by such person, he shall be liable to make good such damage as well as to pay such penalty and the value of the damage shall, in case of dispute, be determined by the Court having jurisdiction. The person incurring such penalty shall be convicted, and on non-payment of such value on demand, the same shall be levied by distress, and the Court shall issue a warrant accordingly. | |
| 221. Restrictions with respect to institution of suits against a Panchayat or Zilla Panchayat.-(1) No suit for damages or compensations shall be instituted against any Panchayat or Zilla Panchayat or any of its officers, or any person acting under its directions, for anything done or purporting to be done under this Act or any rule, bye-law, regulation or order made thereunder until the expiration of two months next after notice in writing shall have been delivered or left at the office of the Panchayat or Zilla Panchayat concerned or at the place of abode of such officer or person; such notice shall state the cause of action, the relief sought, the amount of compensation, if any, claimed and the name and the place of abode of the intending plaintiff. | |
| (2) If any person to whom any notice is given under sub-section (1), tenders the amount to the plaintiff before the suit is instituted and if the plaintiff does not recover in any such action more than the amount so tendered, he shall not recover any costs incurred after such tender and the defendant shall be entitled to costs as from the date of tender. | |
| (3) When the defendant in any suit is a member, Officer or servant of such Panchayat, or Zilla Panchayat or any person acting under its direction, the Secretary or Chief Executive Officer, as the case may be, shall detennine whether defence shall be undertaken by such Panchayat or Zilla Panchayat and be paid for out of its fund. | |
| (4) Nothing in this section shall be deemed to apply to any suit instituted under section 38 ofthe Specific Relief Act, 1963 (Central Act 47 of 1963). | |
| 222. Injunctions not to be granted in election proceedings.-Notwithstanding anything in any law for the time being in force no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the conduct of any election under this Act. | |
| 223. Punishment for disobedience or orders and notices not punishable under any other section.-Whoever disobeys or fails to comply with any lawful direction given by way of written notice issued by or on behalf of a Panchayat, or Zilla Panchayat under any power conferred by this Act or fails to comply with the conditions subject to which any pennission was given to him by the Panchayat, or Zilla Panchayat concerned under any power so conferred, shall, on conviction, if the disobedience or failure is not an offence punishable under any other section, be punished with fine which may extend to one hundred rupees and with further fine which may extend to five rupees for every'day during which the said disobedience or failure continues after the date of first conviction: Provided that when the notice fixes a time within which a certain act is to be done, and no time is specified in this Act, the Magistrate shall determine whether the time so fixed was reasonable. | Delete |
| 224. In default of owner or occupier, Panchayat may execute works and recover expenses.-(l) Whenever under the provisions of this Act, any work is required to be executed by the owner or occupier of any building, or land, and default is made in the execution of such work, the Panchayat, or Zilla Panchayat concerned whether any penalty is or is not provided for such default, may cause such work to be executed, and the expenses thereby' incurred shall unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII either in one sum or by instalments, as the Panchayat or the Zilla Panchayat concerned may deem fit. | |
| (2) If the defaulter is the owner of the building or land, the Panchayat or the Zilla Panchayat concerned may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require such owner subject to the provisions of sub-section (3), to make the payment of all or any part of the expenses payable by the owner for the time being from the person who then or at any time thereafter occupies the building or land under such owner, and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII. Every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expenses. | |
| (3) No occupier of any building or land shall be liable to pay more money in respect of any expenses charged on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or which at any time after such demand and notice not to pay the same to his landlord, has accrued and become payable by such occupier, unless he neglects or refuses upon application made to him for the purpose by a Panchayat or Zilla Panchayat truly to disclose the amount of hi,S rent, and the name and address of the person to whom the rent is payable, but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand or which has since accrued, shall be upon such occupier: Provided that nothing herein contained shall be deemed to affect any special contract made between any such occupier and the owner respecting payment of the expenses of any such works as aforesaid. | |
| 225. Expenses or costs how determined and recovered.-If a dispute arises with respect to any expenses or costs which are by this Chapter directed to be paid, the amount, and if necessary the apportionment of the same, shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the Panchayat or Zilla Panchayat concerned and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII. | |
| 226. Bar of suits, etc.-(1) No civil Court shall entertain a suit objecting to an assessment, demand or charge made or imposed under this Act, or for the recovery of any sum or money collected under the authority of this Act, or for damages on account of any assessment or collection of money under the said authority, if the provisions of this Act have been in substance and effect complied with. | |
| (2) No suit or other legal proceeding shall lie against the Chief Executive Officer or Secretary or any other officer of the Government or a Panchayat or Zilla Panchayat concerned or any member, officer, servant or agent of such Panchayat, or Zilla Panchayat acting under its direction in respect of anything done or purporting to have been lawfully done and in good faith under this Act or any rule, regulation, bye-law or order made thereunder except with the previous sanction of the Zilla Panchayat or such officers as the Zilla Panchayat may specify. | |
| (3) No suit or other legal proceeding shall lie against the Government in respect of anything done under this Act, or any rule, regulations or bye-laws made thereunder. | |
| (4} No suit shall lie against the Government for carrying out any development activities specified in Schedules I and II to the Act or any other development work.] | |
| | |
| 227. Alternative programme by suit.-In lieu of any process of recovery allowed by or under this Act, in case of failure to release by such process the whole or any part of any amount recoverable under the provision of chapter VIII or of any compensation, expenses, charges· or damage awarded under this Act, the Panchayat, or Zilla Panchayat, concerned may sue in any court of competent jurisdiction the person liable to pay the same as also any other person who may have in any way caused any injury to any property, rights or privileges of the Panchayat or Zilla Panchayat. | |
| 228. Punishment for offences under this Act and powers to compound. (1) Whoever, (a) rents, alters, adds to or reconstructs a building without the written permission required by section 66 or in contravention of any of the conditions imposed by it; (b) uses any place without a licence required by sections 68, 69, 70 and 71 or in contravention of any of the conditions or during the suspension of the licence; or (c) contravenes any other provision of this Act, shall on conviction, be punished with fine which may extend to five hundred rupees, and in the case of a continuing offence with a fine which may extend to five rupees for every day after the first conviction during which the offence continues. | |
| (2) Upon a conviction under clause (b) of sub-section (1) in respect of any place, the Magistrate shall, on the application of the Panchayat, or Zilla Panchayat as the case may be, but not otherwise, order such place to be closed, and thereupon appoint such persons or take such other steps to prevent such place being so used; and every person who so uses or permits the use of a place after it has been ordered to be closed, shall be punished with fine which may extend to five rupees for each day during which he continues to use or pennits such use ofthe place after it has been so ordered to be closed. (3) A Panchayat or Zilla Panchayat or such officer as the Zilla Panchayat may authorise in this behalf, may, accept by way of composition a sum of money as may be prescribed from any person, who, in the opinion of the Panchayat or Zilla Panchayat or the authorised Officer, as the case may be, has committed. (i) any of the aforesaid offences referred to in sub-section (1) other than under section 66 or section 68. (ii) any other offence under this Act or under any rule, regulation or bye-law made thereunder and on such composition, no proceedings shall be taken against such person in respect of such offence. | |
| 229. Annual administration report.-(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Secretary of the Panchayat shall place before the Panchayat, a report of the administration of the Panchayat during the preceding financial year in such form and with such details as Government may direct and shall forward the report with the resolution of the Panchayat thereon to the Zilla Panchayat. | (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Gram Sabha, the Panchayat Secretary shall place before the Gram Sabha a report of the administration of the Gram Panchayat during the preceding year in such form and with such details as the Gram Sabha may direct. |
| | (1 A) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Panchayat Taluka, the Executive Officer shall place before the Panchayat Taluka a report of the administration of the Panchayat Taluka during the preceding year in such form and with such details as the Gram Sabhas of that area may direct and shall forward the report with the resolution of the Panchayat Taluka thereon to all the Gram Sabhas of that area. |
| (2) The Zilla Panchayat shall on receipt of the report under sub-section (1), review the working of the Panchayats and shall submit a consolidated report in this behalf to the Government. | Delete |
| (3)As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Chief Executive Officer shall prepare a report on the administration ofthe Zilla Panchayat during the preceding year in such fonn and with such details as the Government may direct and submit the report to the Zilla Panchayat. After approval by the Zilla Panchayat, the report '-shall be submitted to the Government. | (3) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Zilla Panchayat, the Chief Executive Officer of the Zila Panchayat shall prepare a report on the administration of the Zila Panchayat during the preceding year in such form and with such details as the Gram Sabhas of that district may direct and submit the report to the Zila Panchayat. After approval by the Zila Panchayat the report shall be submitted to all the Panchayat Talukas and Gram Sabhas of that District. |
| (4) The report submitted under sub-sections (2) and (3) to the Government shall together with a memorandum by the Government reviewing the working of the Panchayats and Zilla Panchayats shall be laid before the House of the State Legislature. | Delete |
| 230. Adjustment of Government dues, etc.-If a Panchayat, Zilla Panchayat makes default in the payments of any amounts, loan instalment or interest due to the Government or the salaries, allowances or leave and pensionary contributions of Government servants deputed for service under such Panchayats the Government may make an order directing the person having the custody of the Fund of the Panchayats concerned to pay the amount due in priority to any other charge against such fund and such person shall so far as the amounts to the credit of such Fund admit, be bound to comply with the order. | Delete |
| 231. Power of Government to dissolve and reconstitute Panchayats on the alteration, of limits of Palichayat area and districts.-(1) When on account of the reason that the limits of a panchayat area or district are, during the term of office of the members of a Panchayat or Zilla Panchayat, altered, the Government may by order published in the Official Gazette, dissolve such Panchayat or Zilla Panchayat from a date specified in the order and direct that a Panchayat or Zilla Panchayat. (i) be reconstituted for the Panchayat area of which the Panchayat or the district of which the Zilla Panchayat has been dissolved; or (ii) be established for a Panchayat area or district which has been newly constituted. | Delete |
| (2) The members of the Panchayat or Zilla Panchayat which has been dissolved under sub-section (1), shall vacate their office from the date specified in the order of the Government. | Delete |
| (3) The Panchayat or Zilla Panchayat reconstituted or established under the provisions of sub-section (1), shall consist of members nominated by the Government and such members shall as far as may be practicable be persons who are members of the Panchayat or Zilla Panchayat which has been dissolved under sub-section (1). | Delete |
| (4) The Sarpanch and Deputy Sarpanch of Panchayat or Adhyaksha and Upadhyaksha of Zilla Panchayat shall be elected in the manner provided in this Act. | Delete |
| (5) The term of the Panchayat or Zilla Panchayat so reconstituted or established shall be for such period not exceeding six months as the Government may by order specify. | Delete |
| (6) Before the expiry of the term of the Panchayat or Zilla Panchayat in accordance with the provisions of sub-section (5), a Panchayat or Zilla Panchayat shall be constituted in the manner provided by this Act: Provided that where the remainder of the period for which the dissolved Panchayat or Zilla Panchayat would have continued is less than six months, it shall not be necessary to hold an election under this section for constituting a Panchayat or Zilla Panchayat for such period. | Delete |
| | |
| (7) A Panchayat or Zilla Panchayat constituted under sub-section (6), shall continue only for the remainder of the period for which the dissolved Panchayat or Zilla Panchayat would have continued had it not been so dissolved. | Delete |
| (8) When a Panchayat or Zilla Panchayat has been dissolved and reconstituted or established under this section, so much of the Panchayat or Zilla Panchayat Fund and other property vesting in the Panchayat or Zilla Panchayat which has been dissolved, shall vest in and such portion of the debts and obligations shall be transferred to the Panchayat or Zilla Panchayat reconstituted or established under this section as the Government may, by order in writing direct. | Delete |
| (9) The rights and liabilities of the Panchayat or Zilla Panchayat which has been dissolved in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in or relating to any part of the area subject to the authority of the Panchayat or Zilla Panchayat reconstituted or established shall vest in such Panchayat or Zilla Panchayat. | Delete |
| (10) Any appointment, notification, notice, tax, order, Scheme, licence, permission, rule, regulation or form made, issued, imposed or granted by the Panchayat or Zilla Panchayat which has been dissolved in respect of any part of the area subject to the authority of the Panchayat or Zilla Panchayat which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such Panchayat, or Zilla Panchayat unless and until it is superseded by any appointment, notification, notice, form, order, Scheme, licence, permission, rule, regulation or form, made, issued, imposed or granted by such Panchayat or Zilla Panchayat. | Delete |
| (11) If any difficulty arises in giving effect to the provisions of the preceding sub-sections, the Government may by order published in the Official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty. | Delete |
| 232. Transfer of property may be subject to conditions.-The grant, lease, sale or other transfer of movable or immovable property by a Panchayat or Zilla Panchayat may be subject to such conditions as the Panchayat or Zilla Panchayat may specify. | 232. Transfer of property may be subject to conditions.-The grant, lease, sale or other transfer of movable or immovable property by a Gram Panchayat, Taluka Panchayat or Zilla Panchayat may be subject to such conditions as the Gram Sabha, Taluka Panchayat or Zilla Panchayat may specify. |
| 233. Saving of acts and proceedings.-No act done or proceedings taken under this Act shall be questioned on the ground merely of any defect or irregularity not affecting the merits of the case. | |
| 234. Procedure for consultation.-Whenever any action has to be taken under this Act after consultation with any authority or body, such consultation shall be deemed to have been made if the authority or body concerned had been informed of the proposed action and given a reasonable time to furnish its views. | |
| 235. Method of serving notices etc.-(1) Save as otherwise provided in this Act, the service of any notice or other document under this Act or order made thereunder on any person to whom it is by name addressed shall be effected, (a) by giving or tendering the said notice or document to such person; or (b)if such person is not found, by leaving such notice or document at his last known place of residence or business, or by giving or tendering the same to some adult member or servant of his family; or (c) if such person does not reside in the village or town and his address elsewhere is known to the officer directing the issue of such notice or document, by sending the same to him by registered post; or (d) if none of the means aforesaid be available, by affixing such notice or document on some conspicuous part of the house, if any, in which the person is known to have last resided or carried on business or personally worked for gain. | |
| (2) When any notice or other document has to be served upon an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof in case not otherwise specially provided for in this Act shall be effected either, (a) by giving or tendering the notice or document to the owner or occupier or if there be more owners or occupiers than one, to anyone of them; or (b) if no such owner or occupier be found, then by giving or tendering the notice or document to some adult member or servant of the family or any such owner or occupier as aforesaid; or (c) if none of the means aforesaid be available, then by causing the notice or document to be affixed upon some conspicuous part of the building or land to which the same relates. | |
| (3) Every notice which this Act requires or empowers a Panchayat, or Zilla Panchayat to give or to serve either as a public notice, or generally, or by provisions which do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if a copy thereof is put up in such conspicuous part of the office of the Panchayat or Zilla Panchayat, as the case may be during such period, and in such other public buildings and places, or is published in such local papers or in such other manner as the Panchayat or Zilla Panchayat may in this behalfdirect. | |
| (4) No notice or bill shall be invalid for defect of form. | |
| (5) Whenever in any notice or other document served under this Act or the rules, regulations, bye-laws or orders made thereunder, a period is fixed, within which any tax or other sum is to be paid or any work executed or anything provided, such period shall, in the absence of any provision to the contrary in this Act, or the said rules, regulations, bye-laws or orders thereunder, be calculated from the date of such service. | |
| (6) When any notice under this Act, or any rule regulation, bye-law or order requires any act to be done for which no time is fixed the notice shall fix a reasonable time for doing the same. | |
| (7) In the event of non-compliance with the terms ofthe notice it shall be lawful for the Panchayat, or Zilla Panchayat or an officer authorised by it to take such action or such steps as may be necessary for the doing of the act thereby required to be done and all the expenses therein incurred by the Panchayat, or Zilla Panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable in the manner provided under Chapter VIII. | Delete |
| 236. Official display of flag.-(1) No person shall fly any flag other than the National Flag or flag approved by the Government on the office of the Panchayat or Zilla Panchayat. | |
| (2) Whoever contravenes the provisions of sub-section (1), shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both and in the case of continuing contravention, with a further fine which may extend to rupees five hundred for each day during which the contravention continues. | |
| 237. State Election Commission.-(1) The superintendence, direction and control of the preparation of election rolls for, and the conduct of, all elections to the Panchayat or Zilla Panchayat shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. | |
| (2) The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rules determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. | |
| (3) The Governor shall when so requested by the State Election Commission, make available to the State Election Commission, such staff as may be necessary for the discharge of the functions conferred on the State Election Commission under sub section (1). | |
| 238. Preparation of development plan.-(1) Every Panchayat shall prepare every year a development plan and submit it to the Zilla Panchayat before such date and in such form as may be prescribed. | Delete |
| (2) Every Zilla Panchayat shall prepare every year, a development plan of the district after including the development plans of Panchayats and submit it to the District Planning Committee constituted under section 239. | (2) Zilla Panchayat shall submit its annual plan made under this act to the district planning committee. |
| 239. District Planning Committee.-(1) Government shall constitute in every district, a District Planning Committee to consolidate the plans prepared by the Zilla Panchayat, Panchayats, and Municipal Councils in the district as a whole. | |
| (2) The District Planning Committee shall consist of, (a) members of the House of the People who represent the whole or part of the district; (b) the members of the Council of States who are registered as electors in the district; (c) Adhyaksha of the Zilla Panchayat; (d) the President of the Municipal Council having jurisdiction over the headquarters of the district; (e) such number of persons, not less than four fifth of the total number of members of the committee as may be specified by the government, elected in the prescribed manner from amongst the members of the Zilla Panchayat and councilors of the municipal councils in the district, in proportion to the ratio between population of the rural areas and of the urban areas in the district. | |
| (3) All the members of the State Legislative Assembly whose constituencies lie within the district shall be permanent invitees of the Committee. | |
| (4) The Chief Executive Officer shall be the Secretary of the Committee. | |
| (5) The Adhyaksha of Zilla Panchayat shall be the ex officio Chairman of the District Planning Committee. | |
| (6) The District Planning Committee shall consolidate the plans prepared by the Zilla Panchayats, Panchayats, Municipal Council in the district and prepare a draft development plan for the district as a whole. | (6) The District Planning Committee shall consolidate the plans prepared by the Zilla Panchayats and the Municipal Council in the district. All projects that involve both urban areas and rural areas shall be executed by the District Planning Committee. |
| (7) Every District Planning Committee shall in preparing the draft development plan, (a) have regard to, (i) the matters of common interest between the Zilla Panchayats, Panchayats and Municipal Councils in the district including special planning, sharing of water and other physical and natural resources, the integrated development of infrastructures and environmental conservation; (ii) the extent and type of available resources whether financial or otherwise; | (7) Every District Planning Committee shall in preparing the development plan, include in total the Zilla Panchayat plan. It shall not have the powers to alter this plan in any way. |
| (b) consult such institutions and organisations as the Government may, by order, specify. | Delete |
| (8) The Chairpersons of every District Plaiming Committee shall forward the development plan, as recommended by such Committee to the Government. | |
| 239-A. Powers of officers.-The Officers appointed under this Act, viz, the Director, the Chief Executive Officer, the Deputy Director and the Block Development Officer, shall have the same powers in making inquiries under this Act and the rules framed thereunder as are vested in courts in respect of the following matter under the Code of Civil Procedure, 1908, in trying any petition or appeal, namely: (a) proof offacts by affidavit; (b) summoning and enforcing the attendance of any person and examining him on oath; (c) compelling the production of documents; (d) awarding costs. | Delete |
| | |
| 239-B. Limitation and Court fees.-(1) Every appeal or petition made under the provisions of this Act or the rules made thereunder shall be filed within the limitation period provided therein and the provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (Central Act 36 of 1963), shall apply to the filing of such appeal or petition. | |
| (2) Notwithstanding anything contained in the Court Fees Act, 1870 (Central Act 7 of 1870), every appeal or petition made under this Act to the Officers appointed under this Act shall bear a court fee stamp of such value as may be prescribed. | |
| 239-C. Procedure.-(1) Subject to the other specific provisions in this behalf, the procedure to be followed by the Officer in all inquiries, appeals and proceedings under this Act and the rules framed thereunder shall be such as may be prescribed. | Delete |
| (2) Every decision or order passed under this Act shall be recorded in the form of an order which shall state the reasons thereof. | Delete |
| (3) All inquiries and proceedings before the Officers shall be deemed to be judicial proceedings within the meaning of section 193, 219 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860).] | Delete |
| 240. Power of Government to make rules.-(1) The Government may, subject to previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act. | (1) The Government shall, by notification in the Official Gazette, make such rules, as are approved by two thirds of the total number of Gram Sabhas in the state. |
| | (2) Every rule made under this section shall be laid before each House of the State Legislature. |
| (2) In making a rule under this section, the Government may provide that a person guilty of breach thereof shall, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is continuing one with further fine which may extend to twenty-five rupees for every day on and after first day on which the breach continues. | Delete |
| 241. Amendment of [Schedules I, lA, II and 111].-The Government may by notification, in the Official Gazette, omit, amend or add any activity, programme or Scheme covered by or mentioned in [Schedules l, lA, II and III]. On the issue of such notification, the Schedule shall be deemed to have been amende4 accordingly. Every such notification shall be placed before the State Legislature. . | Delete |
| 241_A. Delegation of powers.-(1) The Government may by notification in the Official Gazette, delegate all or any of its powers and duties under the Act, except the power to make rules under section 240, to any Officer subject to such conditions, if any, as may be specified in the notification. | |
| (2) The Director, with the previous approval of the Government, may delegate any of his powers conferred upon him under the Act to any Officer subordinate to him subject to such conditions, if any, as may be specified in the notification: Provided that nothing shall prevent the Government or the Director to exercise any of the powers on such matters which are assigned under sub-sections (1) and (2), as the case may be.] | Delete |
| | |
| 242. Power of Zilla Panchayat to make regulations.-(1) A Zilla Panchayat may, subject to the provisions of this Act and the rules made under section 240 and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties. | (1) A Zila Panchayat may, subject to the provisions of this Ordinance and the rules made thereunder and with the previous sanction of the majority of the Panchayat Talukas falling within its area, by notification, make regulations to carry out the purposes of this Ordinance in so far as it relates to its powers and duties. |
| (2) The regulations made under sub-section (1), shall be subject to the condition of previous publication. | Delete |
| | (3) A Panchayat Taluka may, subject to the provisions of this Ordinance and the rules made thereunder and with the previous sanction of majority of Gram Sabha falling within its area, by notification, make regulations to carry out the purposes of this Ordinance, in so far as it relates to its powers and duties. |
| 243. Power of Panchayat to make bye-laws.-(1) A Panchayat may, subject to the provisions of this Act and the rules made under section 240 and the regulations made under section 242 and with the previous sanctions of the Zilla Panchayat, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties . | Power of Gram Sabha to make rules and regulations- (1) A Gram Sabha may, subject to the provisions of this Ordinance and the rules made thereunder, make rules and regulations to carry out the purposes of this Ordinance in so far as it relates to its powers, duties and functioning. |
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| (2) In particular and without prejudice to the generality of the foregoing power, a Panchayat may make bye-Iaws, (a) for the purification and protection from pollution of all sources of water used for drinking purposes; (b) for the prohibition of the removal or use for drinking purposes of any water from any stream, tank, well or other source, where such removal or use causes, or is likely to cause disease or injury to health and for the prevention of such removal or use by the filling in or covering over of such tank or well, or by any other method which may be considered advisable; (c) for the prohibition of the deposit or storage of manure, refuse or other offensive matter in a manner or in places prejudicial ts the public health, comfort or convenience; (d) for the regulation of dangerous or offensive calling or trade; (e) for the disposal of corpses by burning or burial; (f) for excavation of earth and filling up of, excavations and depressions injurious to health or offensive to the neighbourhood; (g) for the removal of noxious vegetation; (h) for the repair and removal of dangerous or ruinous buildings; (i) for the prevention of the erection of buildings without adequate provisions for ventilation or the laying out and location of streets; (j) for specifying fees payable under section 73; (k) for the control of fairs and bazaars and the regulation of markets, slaughter houses and cart stands; (1) for the inspection and destruction of unfit food and drink exposed for sale; (m) for general regulation of sanitation and conservancy; (n) the management and maintenance of cattle pounds; and (0) performance of other duties assigned by the Government, the Zilla Panchayat or Panchayat. | (2) In particular and without prejudice to the generality of the foregoing power, a Gram Sabha may make such bye-laws as may be required to discharge the functions and duties entrusted to it under this Ordinance. |
| (3) In making any bye-laws under sub-sections (1) and (2), the Panchayat may provide that a contravention thereof shall be punishable, (a) with fine which may extend to twenty-five rupees; (b) with fine which may extend to twenty-five rupees and in case of continuing contravention, with an additional fine which may extend to two rupees for every day during which such contravention continues after conviction for the first such contravention; or (c) with fine which may extend to two rupees for every day during which the contravention continues, after receipt of a notice from the Panchayat or any officer duly authorised in this behalf, by the person contravening the bye-laws requiring such person to discontinue such contravention. | (3) In making any bye-laws under sub-sections (1) and (2) the Gram Sabha may provide that a contravention thereof shall be punishable with such fine as may be prescribed. |
| (4) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as it lies in his power, the mischief, if any, caused by such contravention. | |
| (5) All bye-laws made under this section shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed. | |
| 244. Power of Government to make model regulations and bye-laws and adoption of such regulations and bye-laws by the Panchayat.-(1) The Government may subject to the provisions of this Act and the rules made under section 240, and previous publication of the draft for not less than one month, make model regulations and bye-laws for Panchayats and Zilla Panchayats. | 244. Power of Government to make model regulations and bye-laws and adoption of such regulations and bye-laws by the Panchayat. (1) The Government may, subject to the provisions of this Ordinance and the rules made thereunder and after previous publication of the draft for a period it deems proper, make model regulations and bye-laws for Gram Panchayats, Panchayat Talukas and Zila Panchayats, which will merely be advisory in nature. |
| (2) A Panchayat or Zilla Panchayat may by resolution adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Panchayat or Zilla Panchayat from such date as the case may be, it may specify in a notice published in the prescribed manner. | |
| (3) The Government may, by order, direct any Panchayat, or Zilla Panchayat to adopt the model bye-laws and regulations in respect of any matter within such period not being less than three months from the date of, receipt of the direction by the Panchayat or Zilla Panchayat concerned. | Delete |
| (4) If any Panchayat, or Zilla Panchayat, fails to take any action for adopting the model bye-laws or regulations, as the case may be, the Government may, by notification, declare that the said model bye-laws or regulations, as the case may be, shall come into force within the jurisdiction of the Panchayat or Zilla Panchayat from such date as may be specified in such notification, and such bye-laws or regulations, as the case may be, shall come into force accordingly. | Delete |
| (5) The provisions of this section shall have the effect notwithstanding anything contained in sections 242 and 243. | Delete |
| 244-A. Power of Government to exercise any function.-Notwithstanding anything contrary contained in the Act the Government may, in the public interest, exercise any of the functions enumerated in Schedules I and II appended to the Act, for the purpose of carrying out any developmental work in the jurisdiction of the Panchayat without consultation with the Panchayat or Zilla Panchayat.] | Delete |
| 244_B. Power of Government to allow to carry out any developmental works in any Panchayat area.-Notwithstanding anything contained in this Act, the Government, in the public interest, may issue directions to the Panchayats to carry out any developmental works, or such other functions as the Government deems fit, including to permit construction of a structural building in the following cases: (i) Promotion of information technology; (ii) Promotion of co-operative movement; (iii) Self-employment schemes for all categories".] | Delete |
| | 244 C. ombudsman (1). there shall be an ombudsman to receive, enquire and act upon complaints of violation of any of the provisions of this act by any individual, institution or government agency. (2). only following shall be eligible for becoming an ombudsman: (I) he should at least be a graduate (II) he should have at least 15 years of experience in public life. (III) he should not be a resident of the same district but should preferably be resident of the same state. (3) appointment of ombudsman: (1) there shall be a search committee consisting of 10 eminent people from that state who have won national acclaim in their fields and have been recognized by way of national awards. the committee shall elect one amongst themselves as its chairperson in its first meeting. the committee shall be constituted by the state government. (2) the committee shall call for names from general public. people could either apply for themselves or recommend someone else’s name. committee members could themselves suggest names. (3) the names thus received shall be put on a website with their detailed bio datas. public comments shall be invited for a period of one month on these nominations. these comments will also be put on the website. (4) the search committee shall recommend twice the number of names as there are vacancies to the chief minister keeping in mind the bio datas and public comments. (5) a committee consisting of one representative of each political party in state legislature shall finalise the names from the names suggested at sub-section (4) above. (5) the governor shall appoint the persons so recommended by this committee as members of ombudsman. 32. persons appointed as ombudsman shall hold office for a term of three years from the date on which he enters upon his office. 33. persons appointed as ombudsman shall be entitled to salary and allowances as are admissible to a judge of the high court. 34. powers of duties of ombudsman: (1) it shall have the powers to direct such action so as to seek appropriate complaince of this act. (2) the ombudsman shall, for the purposes of any investigation or enquiry under this act, have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 1908 (central act v of 1908) in respect of the following matters, namely (A) summoning and enforcing the attendance of any witness and examining him; (B)requiring the discovery and production of any document; (C) receving evidence on affidavits; (D) requisitioning any public records, or copy thereof from any court or office; (E) issuing commissions for the examination of witness; (F) such other powers are are prescribed; (3) ombudsman shall be duty bound to give judgement on each complaint within a month of receipt of that complaint. (4) ombudsman shall have the powers to impose financial penalties on any person, including government officials which shall be payable by them in their personal capacity, to seek compliance of its orders. provided that such penalties shall be imposed only after giving an opprotunbity of being heard to that person (5) all three members shall hear all complaints and cases as one bench only. decisions shall be taken, as far as possible through consensus. wherever consensus is not possible, through majority of the three members, but note of dissenting member shall also be appended to the decision. 35. state government shall provide all resources required for the efficient functioning of ombudsman. 36. ombudsman shall entertain cases of the following types: (1) complaints of violation of this act (2) complaints of non-compliance of orders made under this act. (3) other matters specifically mentioned at various places in this act. (4) any other matters prescribed or deemed fit to be entertained by the ombudsman 37. removal of any member of ombudsman: (1) if 50 or more gram sabhas pass a resolution demanding removal of any member of ombudsman, such a proposal shall be circulated by the state government amongst all gram sabhas for their opinion. (2) if more than two thirds of gram sabhas in that state endorse such a proposal, that member shall be treated as removed. |
| 245. Repeal and savings.-The Goa, Daman and Diu Village Panchayats Regulation, 1962 (9 of 1962) and the Goa Panchayat Raj Ordinance, 1994 (Ordinance No.2 of 1994) is hereby repealed: Provided that such repeal shall not affect (a) the previous operation of the Goa, Daman and Diu Village Panchayats Regulation, 1962 (9 of 1962) or the said Ordinance or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulation; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation; or (d) any investigation, legal proceedings or remedy in respect of such right, privilege, obligations, liability, 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: Provided further that (a) subject to the preceding provisions, anything done or any action taken (including any appointment or delegation made, tax, fee or cess imposed, notification, order, instrument or direction issued, rules, regulation, forms, bye-laws or schemes framed, certificates obtained, permits, or licences granted or registration effected) under the said Regulation or the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act; (b) every officer and servant of a Panchayat other than such class of servants as the Government may specify by order, shall until other provisions are made, receive the salary and allowances and be subject to the conditions of service to which they were entitled immediately before the commencement of this section; (c) it shall be competent to the Panchayat subject to the previous sanction of the Government, to discontinue the service of any officer or servant who, in its opinion is not necessary or suitable to the requirements of the Panchayat, after giving such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service as if the Panchayat in the employ of which he was, had not ceased to exist; (d) any reference in any enactment or in any instrument to any provision of the' repealed Regulation or the said Ordinance shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Act: Provided further that notwithstanding anything contained in any other law for the time being in force all Panchayats continued in terms of proviso to Article 243 N of the Constitution of India, shall continue to exercise the power under this Act until the Panchayats are duly constituted under this Act. | |
| 246. Removal of difficulties.-If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, published in the Official Gazette as the occasion may require, do anything which appears to it to be necessary to 'remove the difficulty. | Delete |
Monday, September 6, 2010
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