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Goa Law Commission organises Arvind Kejriwal 's Presentation

The Goa Law Commission has organised a presentation of proposed amendments to Goa Panchayat Raj Act, 1994 by Shri Arvind Kejriwal on 13th Oct, 2010 1030 hrs at Seminar Hall , Secretariat, Porvorim.




Monday, September 6, 2010

88. Penalty for using water for certain purposes.-Whoever,­

(a) bathes in or defiles, the water in any place set apart for drinking purposes by the Panchayat, or, in the case of private property, by the owner thereof; or

(b) deposits any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes; or

(c) washes clothing in any place set apart ascaforesaid for drinking or bathing; or

(d) washes any animal or any cooking utensils or wood, skins, or other foul or offensive substances, or deposits, any offensive or deleterious matter in any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes; or

(e) allows the water from a sink, sewer, drain, engine or boiler, or any other offensive matter belonging to him or flowing from any building or land belonging to or occupied by him, to pass into any place set apart as aforesaid for drinking into any place set apart as aforesaid for drinking purposes or for bathing or for washing clothes;

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(f) uses water from any source in contravention of the provisions of section 87; shall on conviction, be punished with fine which may extend to fifty rupees and if the offence be a continuing one, with further fine which may extend to ten rupees for every day during which the said offence is continued after the date of first conviction.

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89. Abatement of nuisance from foul water.-When any pool, ditch, tank, pond, well, hole or any waste or stagnant water, or any channel, or receptacle of foul water or other offensive or injurious matter, whether the same be within any private enclosure or otherwise shall appear to the Secretary to be likely to prove injurious to the health of the inhabitants or offensive to neighbourhood, the Secretary, may by written notice require the owner of the same to cleanse, fill up, drain off or remove the same, or to take such measures as shall in his opinion be necessary to abate or remove the nuisance.

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90. Closing of places for the disposal of the dead.-(1) If the Panchayat is of opinion that any place in the Panchayat area which is used for the disposal of the dead is in such a state as to be, or to be likely to become injurious to health, it may forward its opinion with the reasons therefore to the Collector. The Collector may thereupon, after such further inquiry, if any, as he shall deem fit, by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the notification.

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(2) A copy of the said notification shall be displayed at the Panchayat office and in one or more conspicuous spots on or near the place to which it relates.

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(3) Any person who buries or otherwise disposes of any corpse in any such place after the date specified in the said notification for closure thereof or buries any corpse in any unoccupied Government land not set apart for the burial of the dead under the provisions of any law for the time being in force or by established usage, shall, on conviction, be punished with fine which may extend to one hundred rupees.

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91. Power of entry into building, etc.-Where infectious disease exists, the Secretary or any person authorized by the Panchayat in this behalf may enter at any time after reasonable notice, any building or premises in which any infectious disease is reported or suspected to exist, for the purpose of inspecting such building or premises. No such inspection shall be made except between sunrise and sunset.

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92. Disinfection of buildings etc.-If the Secretary is of the OpInIOn that the cleansing or disinfecting of a building or a premises or a part thereof or of any articles therein is likely to retain infection, would tend to prevent or check the spread of any infectious diseases, he may by notice require the owner or occupier to cleanse or disinfect the sam~ within a time to be specified in such notice:

Provided that if the Secretary considers that immediate action is necessary or that the owner or occupier is by reason of poverty or otherwise, unable effectively to comply with his requisition, he may himself cause such building or premises or articles to be cleansed or disinfected and for this purpose may cause such articles to be removed from such building or premises and the expenses incurred under this section shall be recoverable from the said owner or occupier as if it were a tax imposed under this Act unless he was, by reason or poverty unable effectively to comply with the requisition.

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93. Articles exposed to infection.-(1) The Secretary shall, from time to time, notify places at which articles of clothing or bedding or other articles which have been exposed to infection from any dangerous or infectious disease may be washed or disinfected.

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(2) The secretary may direct the destruction of clothing, bedding or other articles likely to retailn such infection.

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(3) Whoever washes such clothing or bedding or other articles at any place other than those set apart for such purposes under sub section (1) shall on conviction be punished with fine which may extend to fifty rupees.

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94. Registration of burial and burning grounds.-(1) Every owner or person having the control of any place used at the commencement of this Act, as a public place for burying, burning or otherwise disposing of the dead in a Panchayat area, shall, if such place be not already registered under any law applicable thereto, apply to the Panchayat to have such place registered under this Act.

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(2) If it appears to such Panchayat that there is no owner or person having control of such place, the Panchayat shall assume such control, and register such place or may close it.

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95. Licensing of places for disposal of the dead.-(1) No new place for the disposal of the dead whether private or public, shall be opened, formed, constructed or used in a Panchayat area unless after an application for the purpose is made and a licence is obtained from the Panchayat.

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(2) Such application for a licence shall be accompanied by a plan of the place to be licensed showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such other particulars as the Panchayat may require,­

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(3) The Panchayat to which an application is made, may after giving due notice to the public in general,­

(a) grant or refuse a licence; or

(b) postpone the grant of a licence until objections, if any, to the site, considered reasonable by the Panchayat have been removed or any particulars called for by it have been furnished.

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96. A book to be kept of places registered, licensed, as provided.-(1) A book shall be kept at the office of every Panchayat in which the places registered, licensed or provided under section 94 or section 95 shall be recorded.

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(2) A notice that such place has been registered, licensed, or provided as aforesaid, shall be affixed at or near the entrance to such place conspicuously.

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97. Prohibition against burying or burning, in unauthorized places.-No person shall in any Panchayat area bury, bum or otherwise dispose off or cause or suffer to be buried, burnt or otherwise dispose off any corpse in any place within hundred meters of a dwelling place or any source of drinking water-supply other than' a place registered under section 94 or licensed under section 95, or provided by the Panchayat.

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98. Notice of burials, etc. to be given to Panchayat.-The person having control of a place for disposing of the dead in a Panchayat area shall give information of every burial, burning or other disposal, of a corpse at such place to any person appointed by the Panchayat.

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99. Public landing places, cart stands, etc.-Save as otherwise provided in this Act and subject to such rules as may be prescribed, a Panchayat may,­

(a) provide public landing places, halting places and cart stands and levy fees for their use; and .

(b) where any such place or stand has been provided, prohibit the use for the same purpose by any person within such distance thereof, of any public place or the sides of any public road, as the Panchayat may, subject to the control of the Collector, specify.

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100. Regulation of huts.- (1) No person shall erect any hut, shed, or range or block of huts or sheds or add to any hut or shed already existing in Panchayat area without obtaining previous permission. The Panchayat may require such huts or sheds to be built so that they may stand in regular lines with a free passage or way in front of and between every two lines of such width as the Panchayat may think proper for ventilation and to facilitate scavenging and at such a level as will admit of sufficient drainage. If any hut or shed is build without obtaining previous permission of the Panchayat, the Panchayat may give written notice to the owner or builder thereof, or to the owner or occupier of the land on which the same is erected or is being erected requiring him within such reasonable time as may be specified in the notice, to remove the same or to make such alterations therein or additions thereto as having regard to the sanitary considerations, the Panchayat may think fit.

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(2) The provisions of sub-sections (2), (3), (4), (5), (6), and Explanation to section 66 shall, mutatis mutandis, apply to this section.]

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101. Power for making drains.-(1) In order to carry out any drainage scheme, it shall be lawful for a Panchayat to carry any drain, sewer, conduit tunnel, culvert, pipe or water course through, across or under any cellar or vault which may be under any street and after giving reasonable notice in writing to the owner or occupier, into through or under any land whatsoever within the Panchayat area.

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(2) The Panchayat or any officer authorized by it for such purpose may enter upon and construct any new drain in the place of an existing drain in any land wherein any drain vested in the Panchayat has been already constructed or may repair or alter any drain vested in the Panchayat.

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102. Sufficient drainage of houses.-(1) If any building or land in a Panchayat area is at any time, untrained or not drained to the satisfaction of the Panchayat, the Panchayat may, by written notice call upon the owner to construct or lay from such building or land a drain or pipe of such size and materials, at such level, and with such fall as it thinks necessary for the drainage of such building or land into,­

(a) some drain or sewer, if there is a suitable drain or sewer within sixteen meters of any part of such building or land;

(b) a covered cess pool to be provided by such owner.

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(2) It shall not be lawful to erect any building or to rebuild any building or to occupy any building newly erected or rebuilt in a Panchayat area unless and until,­

(a) a drain is constructed, of such size, materials and description at such level, and with such fall, as shall appear to the Panchayat to be necessary for the effectual drainage of such building; or

(b) there have been provided for and set up in such building and in the land appurtenant thereto all such appliances and fittings as may appear to the Panchayat to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same of, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith.

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(3) The drain to be constructed as aforesaid shall empty into a Panchayat drain, or into some place legally set apart for the discharge of drainage situated at a distance, then such drain shall empty into such cess pool as the Panchayat directs.

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103. Power of owner or occupier of buildings or lands to drain into Panchayat drains.-The owner or occupier of any building or land within a Panchayat area shall be entitled to cause his drain to empty into sewers of the Panchayat, provided that he first obtains the written permission of the Panchayat and that he complies with such conditions as the Panchayat prescribes as to the mode in which and the superintendence under which the communications are to be made between drains not vested in the Panchayat and drains which are so vested.

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104. Right to carry drain through land or into drain belonging to other persons.­

(1) If the owner or occupier of any building or land within a Panchayat area desires to connect the same with any Panchayat drain, by means of a drain to be constructed through any land or connected with a drain belOnging to or occupied by or in the use of some other person, he may make an application in that behalf to the Panchayat.

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(2) Thereupon, the Panchayat after giving to such other person a reasonable opportunity of stating any objection, may, if no objection is raised or if the objection raised is insufficient authorize the applicant to carry his drain into or through or, under the land or into the said drain, as the case may be, in such manner and on such conditions as to the payment of rent or compensation, and as to the respective responsibilities of the parties for maintenance and repair as may appear to it to be adequate and equitable.

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(3) Every such order shall be a complete authority to the person in whose favour it is made, or to any agent or other person employed by him for this purpose after giving or tendering to the owner, occupier or user of the said land or drain the compensation and rent, if any, specified in the said order, and otherwise fulfiling as far as possible the conditions of the said order, and after giving to the said owner, occupier or user reasonable notice in writing, to enter upon the land specified in the said order with assistants and workmen at any time between sunrise and sunset and, subject to the provision of this Act, to do all such work as may be necessary,­

(a) for the construction or connection of the drain as may be necessary from time to time; or

(b) for renewing, repairing, or altering the same as may be necessary from time to time; or

(c) for discharging any responsibility attaching to him under the terms of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part thereof.

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(4) In executing any work under this section,as little damage as possible shall be done and the owner or occupier of the building or land for the benefit of which the work is done shall cause the work to be executed with the least practicable delay and fill in, reinstate and make good at his own cost the ground or any portion of the building or other construction opened, broken up or removed for the purpose of executing the said work and pay compensation to any person who sustains damage by the execution of the said work.

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105. Rights of owner of land through which drain is carried in regard to subsequent building thereon.-If the owner of any land into, through or under which a drain has been carried under section 104 whilst such land was not build upon, shall at any subsequent time desires to construct a building thereon, the Panchayat shall, if it sanctions the construction of such building or land, by written notice require the owner to demolish or close any privy for the benefit of which such drain was constructed, to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as it may deem to be necessary in order to admit of the construction9r safe enjoyment of the proposed building.

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106. Provision of privies, etc.-(1) In case a Panchayat is of the opinion that any privy or cesspool or additional privies or cesspools should be provided in or on any building or land, are shifted or removed from any building or land or in any area in which a water closet system has been introduced that water closets should be substituted for the existing privies in or on any building or land or that additional water closets should be provided therein or thereon, the Panchayat may, by written notice call upon the owner of such building or land to provide such privies, cess pools or water-closets as the Panchayat may deem proper.

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(2) A Panchayat may, by written notice, require any person or persons employing workmen or labourers exceeding twenty in number or owning or managing any market, school or theatre or other place of public resort, to provide such latrines and urinals as the Panchayat may direct and to cause the same to be in proper order to be daily cleansed.

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(3) A Panchayat may by written notice, require the owner or occupier of any land upon which there is a privy or urinal to have such privy or urinal shut out by a sufficient roof and a wall or fence, from the view of persons passing by or resident in the neighbourhood or to alter as it may direct any privy door or trap-door which opens on to any street, and which it deems to be a nuisance.

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107. Cost of altering, repairing and keeping in proper order privies, etc.-(1) All sewers, drains, privies, water-closets, house-gullies and cesspools within a Panchayat area shall, unless constructed at the cost of the Panchayat be altered, repaired, and kept in proper order at the cost and charges of the owners of the land and building to which the same belong, or for the use of which they are constructed or continued, and the Panchayat may, by written notice, require such owner to alter, repair and put the same in good order in such manner as it thinks fit.

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(2) The Panchayat may, by Written notice, require the owner to demolish or close any privy or cesspool whether constructed before or after the coming into force of this Act, which in the opinion of the Panchayat, is a nuisance, or is so constructed as to be inaccessible for the purpose of scavenging or incapable of being properly cleansed or kept in good order.

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108. Inspection of drains, etc.-(1) A Panchayat or any officer appointed by it for such purpose, may inspect any sewer, drain, privy, water-closet, house-gully or cesspool, and for that purpose, at any time between sunrise and sunset may enter upon any lands or buildings, with assistants and workmen and cause the ground to be opened where he or it may think fit, doing as little damage as may be.

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(2) The expenses of such inspection and of causing the ground or structure to be closed and made good as before, shall be born by the Panchayat unless the sewer, drain, privy, water-closet, house-gully or cesspool is found to be in bad condition, or was constructed in contravention of the provisions of any enactment or of any bye-law of the Panchayat in force at the time, in which case such expeFises shall be paid by the owner of such sewer, drain, privy, water-closet, house-gully or cesspool and shall be recoverable in the same manner as a tax or fee due to the Panchayat.

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109. Dangerous quarrying.-If in the opinion of a Panchayat, the working of any quarry or the removal of 'a stone, earth or other material, from the soil in any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Panchayat may, by written notice, require the owner of the said quarry or place or the person responsible for such quarry or place or the person responsible for such working or removal, not to continue or permit the working of such quarry or the removing of such material or to take such other measures in respect of such quarry or place as the Panchayat may direct for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom:

Provided that if such quarry or place is vested in the Government or if such working thereof or removal therefrom as aforesaid, is being carried on by or on behalf of the Government or any person acting with the permission or under the authority of the Government or any officer of the Government acting as such, the Panchayat shall not take such action unless and until the Director of Mines and Geology or the person authorized by him in this behalf has consented to its so doing:

Provided further that the Panchayat shall immediately cause a proper hoarding or fence to be put up for the protection of passerby near such quarry or place, if in any case referred to in this section it appears to it to be necessary in order to prevent imminent danger, and any expense incurred by the Panchayat in taking action under this section shall be paid by such owner or other person as aforesaid and shall be recoverable in the same manner as an amount claimed on account of any tax due to the Panchayat.

109. Dangerous quarrying.- (1) No quarrying or mining activity shall take place within the limits of the village without the permission of Gram Sabha.

(2) While granting such permission, Gram Sabha may impose any conditions.

(3) If subsequently, any such condition is violated or if such activity is found to be dangerous to residents or is causing any nuisance to the people in any manner, Gram Sabha may issue appropriate directions, which if uncomplied with, direct closure of such activities.

110. Using offensive substance, etc.-Whoever, except with the written permission of a Panchayat and except in the manner, if any, enjoined in such permission,· stores or uses night soil or other substances emitting an offensive smell other than cattle manure shall, on conviction, be punished with fine which may extend to one hundred rupees.

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111. Emission of smoke.-(1) It shall be lawful for a Panchayat to direct by public notice that every furnace employed or to be employed, in any works or building used, for the purpose of any trade or manufacture whatsoever, within the limits of the Panchayat, whether a steam engine is or is not used or employed therein shall in all cases be constructed, supplemented or altered as to consume or burn or reduce as far as may be practicable, the smoke arising from such furnace.

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(2) If any person shall, after such direction, use or permit to be used, any such furnace not so constructed, supplemented or altered or shall so negligently use or permit to be used any such furnace that the smoke arising therefrom shall not be effectually consumed or burnt as far as may be practicable, every person so offending being the owner or occupier of the said works or buildings or being an agent or other person employed by such owner or occupier for managing the same, shall on conviction, be punished with fine which may extend to one hundred rupees and upon any subsequent conviction, with fine which may extend to five hundred rupees:

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Provided that nothing in this section shall be held to apply to iocomotive engines used for the purpose of traffic upon any railway or any other engines, for the repair ofroads.

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112. Prohibition of nuisance.-Whoever, within a panchayat area,­

(a) in any public street or public place,­

(i) eases himself; or

(ii) loiters or begs importunately for alms; or

(iii) expose or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or

(iv) carries meat exposed to public view; or

(v) without proper authority defaces or writes upon or otherwise marks any building monument, post, wall, fence, tree or other thing; or

(vi) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing any bill, notice or other document; or

(vii) without proper authority removes, destroys, defaces or otherwise obliterates

any notice or other document put up or exhibited under this Act or the rules or bye­laws made thereunder; or

(b) at any time or place at which the same has been prohibited by the Panchayat by public or special notice, beats any drum or tom-tom or blows a hom or trumpet or beats any utensil or sounds any brass or other instrument or plays any music; or

(c) without proper authority disturbs the public peace or order by singing, screaming or

shouting or by using any apparatus for amplifying or reproducing the human voice, such as megaphone or a loudspeaker; or

(d) lets loose any animal so as to cause, or negligently allows any animal to cause injury, danger, alarm or annoyance to any person; or

(e) uses or permits to be used as a latrine any place not intended for that purpose; shall, on conviction, be punished with fine which may extend to one hundred rupees.

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l12_A. Stray cattle's.-Notwithstanding anything contained in section 112 or in any other law for the time being in force, every Panchayat shall establish cattle pounds and may appoint pound keepers with the approval of the Director. The duties of pound keepers shall be such as may prescribed. Every pound keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the Panchayat.

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112-B. Penalty for allowing cattle to stray in streets or to trespass in public or private property.-(1) Whoever, within the limits of a village, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or

public property shall, on conviction, be punished,~

(i) for the first offence, with a fine which may extend to rupees two hundred;

(ii) for a second or subsequent offence, with a fine which may extend to five hundred rupees.

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112-C. Impounding of cattles.-(1) It shall be the duty of every police officer and a Panchayat or the Block Development Officer to seize and take to any pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property or causing damage thereto within the limits of the Panchayat.

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(2) Whoever forcibly opposes the seizure of cattle liable to be seized under the Act and whoever rescues the same after the seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a tern1 not exceeding six months, or with a fine ofRs. 1,000-, or with both.

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I12-D. Delivery of cattle claimed.-If the owner of cattle which are impounded under section 112 C or his agent appears and claims the cattle, the Panchayat or Block Development Officer, as the case may be, shall deliver them to him on payment of the pound fees and expenses chargeable in respect of such cattle as the Government may, from time to time, by notification in the Official Gazette, specify for each kind of cattle.

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I12-E. Sale of cattle not claimed.-(1) If, within seven days after any cattle has been impounded, no person claiming to be the owner of such cattle, offers to pay the pound fee and expenses chargeable under section 112 D, such cattle shall be forthwith sold by auction in the prescribed manner and the surplus remammg after deducting the fee and expenses aforesaid from the proceeds of the sale, shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of such officer as the Panchayat authorities appoint in the behalf or the Block Development Officer that he was the owner of such cattle and shall, in any other case, form part of the Panchayat fund.

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(2) No police officer or any officer or official from the office of the Block Development Office or Zilla Panchayat or member or an employee or servant of the Panchayat including the pound keeper, shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).

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112-F. Complaint of illegal seizure or detention.-(1) Any person whose cattle has been seized under the Act or having been so seized, have been detained in contravention of the Act, may, at any time, within seven days from the date of seizure, make a complaint to the Deputy Director.

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(2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. If the Deputy Director on examining the complainant or the agent sees reasons to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.

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(3) If the seizure or detention be adjudged illegal, the Deputy Director shall award to the complainant for the loss caused by the seizure or detention, reasonable compensation not exceeding two hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant procuring the release of the cattle, and if the cattle have not been released the Deputy Director shall, besides awarding such compensation, order their release.

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(4) The compensation, fees and expenses mentioned in this section may be recovered as arrears of land revenue.

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(5) An appeal shall lie to the director within a period of thrity days from any order or direction of the Deputy director under sub section (2), (3) or (4) and his decision on such an appeal shall be final.

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(6) The government may sanction grants to the Panchayat for establishment of cattle pounds and or towards the expenses incurred by the Panchayat for the maintainence of cattle on such conditions as may be prescribed.

Explanation: For purpose of Section 112 A to 112 F, “cattle” means and includes, tamed animals such as bulls, bullocks, heifers, cows, and their young, elephants, camels, buffaloes, horse, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams,

lambs, goats and kids.]

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113A Property and Funds of Gram Panchayat

(1) A Gram Sabha shall have the power to acquire, hold and dispose of the property belonging to its Panchayat and to enter into contract through the Panchayat Secretary.

Provided that all decisions of such nature shall be taken in Gram Sabha and Panchayat Secretary shall be the signing authority on behalf of Gram Sabha to execute such decisions.

(2) All property within the local limits of the jurisdiction of Gram Sabha, other than property belonging to or maintained by the Central or the State Government or a local authority or any other Gram Sabha or which is a private property, shall vest in and belong to the Gram Sabha, and shall be under its direction, management and control.

(3) The State or Central Government may allocate or transfer to a Gram Sabha any such public property which hitherto vested within the State or Central Government, and thereupon such property shall vest in and come under the control of that Gram Sabha.

(4) For every Gram Sabha there shall be constituted a Gram Sabha Fund bearing the name of the Gram Sabha and there shall be placed to the credit thereof —

(a) the share in the net collections of the state Government as determined by the Finance Commission;

(b)Contributions and grants, if any, made by the Central or the State Government;

(c) Contributions and grants, if any, made by the Zila Panchayat,Taluka Panchayat or any other local authority;

(d) Loans, if any, granted by the Central or the State Government;

(e) All receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Gram Sabha;

(f) All sums received as gift or contribution and all income from any trust or endowment made in favour of the Gram Sabha;

(g) Such fines and penalties imposed and realised under the provisions of this Ordinance as may be decided by Gram Sabha; and

(h) proceeds of all taxes and fees levied and collected by Gram Sabha.

(h) All other sums received by or on behalf of the Gram Sabha

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(5) Every Gram Sabha shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act.

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(6) The Gram Sabha Fund shall be vested in the Gram Sabha and the balance to the credit of the Fund shall be kept in such custody as may be prescribed by Gram Sabha.

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113B Financial Assistance to Gram Panchayats — Subject to the provisions of this section, every Panchayat shall, after an appropriation made by law in this behalf, be entitled to receive grants in aid from the Consolidated Fund of the State as recommended by the State Finance Commission, constituted under the provisions of this Ordinance, and as approved and notified by the State Government. However, the Government shall ensure that in the next five years, the schemes made by state government shall be phased out and completely untied funds shall be devolved to Gram Sabhas. The scheme component in the total funds transferred to a Gram Sabha shall not be more than 10% of the total funds transferred to that Gram Sabha.

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113C Budget of Gram Panchayat: In order to prepare its annual budget, a special Gram Sabha meeting shall be convened. A list of all projects, schemes etc that the village should undertake next year shall be prepared through consensus. Voting shall take place if consensus is not possible on any item. Panchayat shall get estimates prepared of all projects, plans and schemes approved by Gram Sabha and again place it before next Gram Sabha meeting, which may alter the earlier plans, wherever needed and thus finalize its plans and budget. In its plans, the Gram Sabha may decide to set aside certain budget for items like irrigation, health, education, for providing assistance to poor families in terms of food, shelter, etc for giving loans or for any other purpose as Gram Sabha deems fit. Gram Sabha may like to follow the procedure suggested at Schedule 1.

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113D Accounts. —The income and expenditure account of every Gram Panchayat shall be maintained in such form and manner as prescribed. It shall be suitably modified as Gram Sabha so directs. The accounts and all related documents shall be open for public inspection any time.

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