The Delhi Panchayat Raj Act, 1954
Delhi · state statute
Open in Lexace · Ask the AI about this actDelhi Panchayat Raj Act, 1954 Complete Act - Bare Act State Delhi Government Year 1954 Act Info: DELHI PANCHAYAT RAJ ACT, 1954 DELHI PANCHAYAT RAJ ACT, 1954 3 of 1955 An Act to establish and develop local self Government in the rural areas of Delhi State and to make better provision for village administration and development. Be it enacted by the State Legislative Assembly in the Fifth Year of the Republic of India as follow. CHAPTER 1 PRELIMINARY Section1 Short title, extent and commencement (1) This Act may be called the Delhi Panchayat Raj Act, 1954. 11. Substituted by Delhi Municipal Corporation Act, 1957. (2) It extends only to the rural areas of the Union Territory of Delhi except - (a) such areas thereof as are included in any estate ow ned by the Central Government or any local authority; and (b) such other areas thereof as are held and occupied for a public purpose or a work of public utility and declared as such under Section 1 of the Delhi Land Reforms Act, 1954, by the Chief Commissioner, or acquired under the Land Acquisition Act, 1894, or any other enactment relating to acquisition of land for a public purpose. Explanation - In this sub -section the expression "rural areas" has the meaning assigned to it in the Delhi Municipa l Corporation Act, 1957]. 11. Came into force on 12 -5-1956 vide Notification No. F. 17(10)/(56) -GAIR Dated 5 -5-1956. [3] It shall come into force on such date as the Chief Commissioner may, by notification in the official Gazette, appoint. Section2 Definitions In this Act, unless the context otherwise requires, - (1) "Adult" means a person who has completed his twenty-first year; (2) "Bhumidhar" and "Asami" shall hear the same meaning respectively assigned to them in the Delhi Land Reforms Act, 1954; (3) "building" means any shop, house, hut, out -house, estate or stable whether used for the purpose of human habitation or otherwise or whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever and includes a wall and a well: (4) "bye-laws" means bye-laws made by the Gaon Panchayat under this Act. (5) "Chief Commissioner" means the Chief Commissioner of Delhi; (6) "circle" means the area within which a Circle Panchayat exercises jurisdiction under Section 44; (7) "Circle Panchayat" means the panel of Circle Panchayat established under Section 44; (8) 22. Repealed by Delhi Municipal Corporation Act, 1957. [x x x] (9) "Gaon Sabha", "Gaon Sabha Area" and "Gaon Sabha Area Fund" means the "Gaon Sabha", Gaon Sabha Area" and Gaon Sabha Ar ea Fund" constituted or established under the Delhi Land Reforms Act, 1954; (10) "joint electorate system" means a system under which the electors belonging to all communities vote jointly as prescribed and not as electors of separate communities; (11) "Panchayati Adalat" means a Panchayati Adalat established under [Section 50] and includes a bench thereof; (12) "prescribed" means [prescribed by rules made under this Act]; (13) "prescribed authority" means any authority to be notified as such by the Chief Commissioner whether generally or for any particular purpose; (14) "proceeding" means a proceeding specified under Section 54; (15) "public land or common land" means that the land which is not in exclusive use of any individual or family but is in common u se of villagers and includes a land entered as Shamilat deh in revenue records; (16) "public servant" means a public servant as defined in Section 21 of the Indian Penal Code, 1860; (17) "public street" means any road, street, bridge, lane, square, courtya rd, alley or passage which the public has a right to pass along, and includes on either side the drains or gutters and the land up to the defined boundary of any abutting property notwithstanding any projection over such land of any verandah or other superstructure; (18) "rules" means rules made under this Act; (19) "Senior Sub -Judge" [Additional District Magistrate] and "Revenue Assistant" means respectively the "Senior Sub-Judge", ["Additional District Magistrate"] and " Revenue Assistant" of Delhi; (20) "Suit" means a civil triable by a Panchayati Adalat; (21) "village" means any local area recorded as a village in the revenue records of the Union territory. (22) words and expressions 'degree', 'decree holder', Judgment debtor', 'legal representative', an d 'moveable property' have the same meaning as in Section 2 of the Code of Civil Procedure 1898; (23) words and expressions not defined in this Act used in the Delhi Land Reforms Act, 1954, shall have the same meaning assigned to them in the Delhi Land Reforms Act, 1954. CHAPTER 2 GAON SABHA AND GAON SABHA AREA Section3 Changes in Gaon Sabha Area (1) The Chief Commissioner may, at any time, by notification in the official Gazette, either on his own motion or on the application of a Gaon Sabha include any area in or exclude any area from a Gaon Sabha Area established under Section 150 of the Delhi L and Reforms Act, 1954, and make such incidental and consequential orders as may be necessary for effecting the charge. (2) Where by notification under sub-section (1) any area is included in the jurisdiction of a Gaon Sabha, such area shall thereupon becom e subject to all notifications, rules, regulations, bye -laws and orders made under this or any other enactment in force in the area within the jurisdiction of the aforesaid Gaon Sabha. Section4 Membership of Gaon Sabha 11. Deleted and repealed by Central Act 9 of 1959. All persons registered by virtue of the provisions of the Constitution and of the Representation of the People Act, 1950, as voters in so much of the electoral roll for any parliamentary constituency for the time being in force as relates to Gaon Sabha Area shall be members of the Gaon Sabha of that Area. Explanation - In this section, the expression "parliamentary constituency" has the meaning assigned to it under the Representation of the People Act, 1950. Section5. [Repealed] Section6. [Repealed] Section7 Pradhan and Up -Pradhan of a Gaon Panchayat to be the Pradhan and Up - Pradhan of the Gaon Sabha The Pradhan or Up -Pradhan of a Gaon Panchayat elected under Section 151 or 152 of the Delhi Land Reforms At; 1954, respectively, shall be t he Pradhan or Up -Pradhan of the Gaon Sabha concerned. Section8 Disqualification or defect on appointment or nomination not to vitiate act or proceeding No disqualification, [***] of a member of a Gaon Sabha shall vitiate any act or proceeding of a Gaon Sa bha if not less than two -third of the members at the time the act is done or the proceeding taken were duly qualified members thereof. 11. Deleted and repealed by Central Act 9 of 1959. Section9. [Repealed] Section10 Removal of difficulty in establishm ent of Gaon Sabha and in the working of a Gaon Panchayat If, in establishing a Gaon Sabha or in the working of a Gaon Panchayat, any dispute or difficulty arises regarding the interpretation of any provision of this Act or any rule made thereunder or any matter arising out of or relating to such interpretation or any matter not provided in this Act, the same shall be referred to the Chief Commissioner, whose decision thereon shall be final and conclusive. Section11 Meetings and functions of Gaon Sabha (1) Every Gaon Sabha shall hold two general meetings in each year, one soon after harvesting of the kharif crop (hereinafter called the kharif meeting) and the other soon after harvesting of the rabi crop (hereinafter called the rabi meeting). Provided that the Pradhan may at any time or upon a requisition in writing of not less than one - fifth of the members shall, within 30 days from the receipt of such requisition, call an extraordinary general meeting. The time and place of all the meetings of the Gaon Sabha shall be published in the prescribed manner; (2) For any meeting of the Gaon Sabha one -fifth of the total number of members shall form the quorum; Provided that no quorum shall be necessary for a meeting adjourned for want of quorum. Section12 Report of Business submitted by Pradhan The Gaon Sabha shall at its kharif and rabi meetings consider the biennial reports of business submitted by the Pradhan. CHAPTER 3 GAON PANCHAYAT Section13 Gaon Panchayat (1) Gaon Panchayat means the Gaon Panchayat constituted in accordance with the Delhi Land Reforms Act, 1954. (2) For the purpose of the election of a Pradhan and the Gaon Panchayat under Section 151 of the Delhi Land Reforms Act, 1954, each Gaon Sabha Area may be divided by the prescribed authority into such number of constituencies as may be convenient. (3) The election of the members of a Gaon Panchayat in a Gaon Sabha Area or in constituency thereof shall be held on the joint electorate system. Section14 Term of Office of a Pradhan or Up-Pradhan The term of office of a Pradhan and an Up-Pradhan shall be such as may be prescribed. Section15 Removal of Pradhan or Up-Pradhan The Gaon Sabha may, at a meeting specially convened for this purpose, remove the Pradhan or the Up-Pradhan by a majority of tw o-third of the member present and voting. In such an event and otherwise when any vacancy occurs the Gaon Sabha or the Gaon Panchayat shall forthwith elect another Pradhan or Up-Pradhan, respectively, in the prescribed manner. Section16 Patwari to assist in the performance of Land Management work of a Gaon Panchayat The Patwari shall be bound to assist the Pradhan or Up -Pradhan of a Gaon Panchayat in the performance of the [duties of the Gaon Panchayat] relating to land management work under Chapter V of the Delhi Land Reforms Act, 1954, in respect of the village of his halka situated in the jurisdiction of the Gaon Panchayat, in the manner and to extent prescribed under that Act. Section17 Register of the Members of Gaon Panchayat and its Functionaries The prescribed authority shall maintain a register of members of each Gaon Panchayat in which will be recorded the names of the members, Pradhan and Up -Pradhan. A page shall be allotted to each Gaon Panchayat so that, any subsequent changes during the term o f the Panchayat in the personnel may also be noted therein along with the date and full reference of the change. CHAPTER 4 POWERS, DUTIES, FUNCTIONS AND ADMINISTRATION OF GAON PANCHAYATS Section18 Duties and Functions In addition to the duties and functi ons imposed on a Gaon Panchayat under the Delhi Land Reforms Act, 1954, or under any other enactment, it shall be the duty of every Gaon Panchayat, so far as its funds may allow, to make reasonable provision within its jurisdiction for - (a) framing programmes of production for the villages; (b) framing budget of requirements for supplies and finance needed for carrying out the programmes; (c) reclamation of waste land and bringing waste land under cultivation; (d) [***] (e) [* * *] (f) [***] (g) upkeep, pr otection and supervision of any buildings or other property which may belong to the Gaon Sabha or which may be transferred to it for management; (h) registering births, deaths and marriages; (i) removal of encroachments on public streets, public places and property vested in the Gaon Sabha; (j) regulating places for the disposal of the dead bodies of human beings and animals and of other offensive matter; (k) regulations of melas, markets and huts within its area, except those managed by the Government. (l) [* * *] (m) establishment, management and care of common grazing grounds, and land for the common benefit of the persons residing within its jurisdiction; (n) [* * *] (o) [***] (p) assisting the development of agriculture, commerce and industry; (q) rendering assistance in extinguishing fire and protecting life and property when fire occurs; (r) the administration of [justice] to the extent permitted in this Act and the election of the panches on the panel of the Circle Panchayat according to the prov isions of this Act and rules made thereunder; (s) the maintenance of such records relating to cattle census, population census and other statistics may be prescribed; (t) [***] (u) allotment of places for storing manure; (v) fulfilling any other obligation imposed by any other law on a Gaon Sabha. Section19 Discretionary Functions A Gaon Panchayat may also make provisions within its jurisdiction for - (a) acting as a channel through which Government's assistance reaches the village; (b) securing minimum st andards of cultivation to be observed in the village with a view to increasing production; (c) making arrangements for co -operative managements of land and other resources in the village; (d) planting and maintaining trees by the sides of public streets and in other public places; (e) the improved breeding and medical treatment of cattle and prevention of disease in them; (f) filling in of insanitary depressions and levelling of land; (g) organizing, subject to rules prescribed a village volunteer force for watch and word, for assisting Gaon Sabha and Panchayat Adalat in the discharge of their functions and for the service of summons and notices issued by them; (h) assisting and advising agriculturists in the obtaining and distribution among them of Government loans and in the repayment thereof, in the liquidation of old debts and generally in the establishment of sound credit system according to law; (i) development of co -operation and establishment of improved seed and implement stores and production and use of improved seeds; (j) relief against famine or other calamity; (k) making representation to the District Board for performance by it of such functions in relation to the area within the jurisdiction of the Gaon Sabha as are beyond the powers of the Gaon Sabha; (l) extension of the abadi; (m) establishment and maintenance of libraries or reading rooms; (n) establishment and maintenance of akharas or clubs or other places for recreation and games; 22. Substitutedby Delhi Municipal Corporation Act, 1957. (o) [regulating the use of manure and fertilizers;] (p) prohibition or regulating the curing, tanning and dyeing of skins within 220 years of the abadi; (q) setting up organisations to promote goodwill and social harmony between different communities; (r) public radio sets and gramophones; (s) any other measure of public utility calculated to promote the moral and material well-being or convenience of the villagers; (t) with the previous sanction of the District Board the doing of anything which falls withi n the functions of the District Board for the benefit of the persons living within the jurisdiction of the Gaon Sabha; and (u) the doing of anything the expenditure on which is declared by the Chief Commissioner or by the prescribed authority with the sanction of the Chief Commissioner to be an appropriate charge on the Gaon Sabha Area Fund. Section20 Power of Gaon Panchayat as to Public Streets, waterways and other matters A Gaon Panchayat shall have control of all public streets, waterways, other than ca nals as defined in sub -section (1) of Section 3 of the Northern India Canal and Drainage Act, 1873 situate within its jurisdiction not being a private street or waterway and not being under the control of the Government or the District Board or any other a uthority specified by the Chief Commissioner and may do all that is necessary for the maintenance and repair thereof and may - (a) construct new bridges or culverts; (b) divert, discontinue or close any public street, culvert or bridge; (c) widen, open, en large or otherwise improve any public street, culvert or bridge within minimum damage to the neighbouring fields; (d) deepen or otherwise improve waterways; (e) with the sanction of the prescribed authority and where a canal exists under the Northern India Canal and Drainage Act, 1873, with the sanction also of such officer of the Irrigation Department as the Chief Commissioner may prescribe, undertake small irrigation projects; (f) cut any hedge or branch of any tree projecting on a public street; (g) noti fy the setting apart of any public water course for drinking or culinary purposes, and prohibit bathing, washing of clothes and animals or doing of other acts likely to pollute the course so set apart; Provided that nothing shall be done under clause (g) w hich may affect a canal governed by the Northern India Canal and Drainage Act, 1873, without the prior permission of the authority prescribed by the Chief Commissioner in this behalf. Section21. [Repealed] Section22. [Repealed] Section23. [Repealed] Section24 Assistance to Government Servants A Gaon Panchayat shall, if so prescribed by the Chief Commissioner and so far as practicable, assist any Government servant in the performance of his duties within its area. Section25 Representations by Gaon Panchayats A Gaon Panchayats may make to the proper authority any representation concerning the welfare of the persons residing within its jurisdiction. Section26 Power to enquire and report about the misconduct of certain officers On receiving a complaint from any person, residing within the jurisdiction of a Gaon Sabha, about any misconduct in the discharge of their official duties in respect of the Gaon Sabha Area by any amin, process server, vaccinator, patrol of the Irrigation Department or a person of any Government Department, Gaon Panchayat may, if there be prima facie evidence forward the complaint to the proper authority with its own report. The authority shall, after such further enquiry as may be enquired, take suitable action and inform the Gaon Panchayat of the result; Provided that nothing in this section shall apply to any member of the police force. Section27 Power to contract for collection of taxes and other dues A Gaon Panchayat may, as prescribed and in respect of any area within its juri sdiction, enter into a contract (a) with the Government to collect any taxes or dues payable to the State on being allowed by the Chief Commissioner such collection charges as may be prescribed or (b) with all or any of the proprietors to collect rent on t heir or his behalf on being allowed by the proprietors or proprietor such collection charges as may be prescribed. Section28 Right of individual members A member of a Gaon Panchayat may, at any meeting, move any resolution and put any question to the Prad han or Up -Pradhan on matter connected with the administration of the Gaon Panchayat in the manner prescribed. Section29 Penalty for causing loss, waste or misappropriation of money or property of the Gaon Sabha (1) Every member of the Gaon Panchayat or an y committee constituted under this Act or panch of a Circle Panchayat shall be liable for the loss, waste or misapplication of any money or property belonging to the Gaon Sabha or Circle Panchayat if such loss, waste or misapplication is a direct consequen ce of his neglect or misconduct while a member of the Gaon Panchayat or of any committee or a panch of a Circle Panchayat and a suit for compensation may be instituted against him by the Gaon Panchayat, as the case may be, with the previous sanction of the prescribed authority. (2) If the prescribed authority sanctions the institution of a suit under sub-section (1) or refuses to grant the sanction, the members, panch or Panchayat concerned, as the case may be, may, within thirty days of such sanction or refusal appeal to the Chief Commissioner against the said sanction or refusal. (3) The Chief Commissioner may institutes a suit mentioned in sub -section (1) on his own initiative and in case the suit is decreed, such member or panch shall cease to be a membe r of the Gaon Panchayat or of the committee or a panch of the Circle Panchayat as the case may be. 11. Omitted by Delhi Municipal Corporation Act, 1957. Section30 Members and servants to be public servants Every member or servant of a Circle Panchayat, P anchayat Adalat, a Gaon Panchayat or any committee constituted under this Act shall be deemed to be a public servant. [***] Section31 Committee Subject to the condition prescribed, a Gaon Panchayat may establish a committee to assist it in the discharge of any specified duty or class of duties and may delegate to such committee such of its powers as may be necessary for the purpose of rendering such assistance. Section32 Delegation All the duties, powers and function of the Gaon Sabha, except those specif ied under Section 11, 12, and 15 shall be exercised, performed or discharged by the Gaon Panchayat and not otherwise. Section33 Gaon Sabha Area Fund (1) The Gaon Sabha Area Fund shall be utilized by the Gaon Panchayat to meet charges in connection with its duties under this Act and the Delhi Land Reforms Act, 1954. (2) In addition to the sums mentioned in Section 158 of the Delhi Land Reforms Act, 1954, the following shall be credited to the Gaon Sabha Area Fund - (a) the proceeds of any tax imposed under this Act; (b) all sums handed over the Government to the Gaon Sabha; (c) the balance, if any, standing to the credit of the village Panchayat previously in existence under the Punjab Village Panchayat Act, 1939, as in force in the State; (d) all sums ordered by a court to be placed to the credit of the Gaon Sabha Area Fund; (e) all sums received under Section 97; (f) the sale -proceeds of all dust, dirt, dung or refuse including the dead bodies of animals, collected by the servant of the Gaon Sabha; (g) such portion of the rent or other proceeds of nazul property as the Chief Commissioner direct to be placed to the credit of the Gaon Sabha Area Fund; (h) sums contributed to the Gaon Sabha Area Fund by the District Board or any other local authority; (i) all sums received by way of loan or gift; (j) such other sums as may be assigned to the Gaon Sabha Area Fund by any special or general order of the Chief Commissioner; (k) all sums received by the Gaon Panchayat from any individual or corporation or the Government under Section 27 or any other law; (1) all sums (generally known as Panjotra) received by Gaon Panchayat as collection charges for collection of land revenue under Section 134 of the Delhi Land Reforms Act, 1954. (3) Nothing in this section shall affect any obligation of a Gaon Sabha arising from a trust legally imposed upon or accepted by it. CHAPTER 5 ACQUISITION OF LAND, GAON SABHA AREA FUND AND PROPERTY Section34 Power to acquire Land Where a Gaon Sabha or a number of Gaon Sabhas which have combined under the provisions of Section [***] 44 acquires or acquire any land to carry out any purpose of this Act, it or they shall first try to have the land by private negotiation and if the parties concerned fail to arrive at an agreement, such Gaon Sabha or Gaon Sabhas may make an application in the prescribed form to the requisite authority to acquire the land under the Land Acquisition Act 1894, and the said authority may acquire such land for such Gaon Sabha or Gaon Sabhas. Explanation - In this chapter the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Section35 Property vested in Gaon Sabha (1) Subject to any special reservation made by the Chie f Commissioner, all public property situated within the jurisdiction of a Gaon Sabha shall vest in and belong to the Gaon Sabha, and shall with all other property which may become vested in the Gaon Sabha be under its direction, management and control. (2) All markets and fairs or such portions thereof as are held upon public land shall be managed and regulated by the Gaon Panchayat and the Gaon Sabha shall receive to the credit of the Gaon Sabha Area Fund all dues levied or imposed in respect thereof. Section36 Disposal of claims (1) Where any dispute arises as regards the ownership of any property mentioned in Section 35 between a Gaon Sabha and any person, the Gaon Panchayat shall give such person a reasonable opportunity of being heard and then decide w hether to treat the said property as the property of the Gaon Sabha. (2) Nothing in this section shall bar any person or the Gaon Sabha from establishing his or its right in any civil or revenue court having jurisdiction. Section37 Power to borrow With th e sanction of the Chief Commissioner and subject to such conditions as may be prescribed, a Gaon Sabha may borrow money from the Government to carry out any of the purposes of this Act or the Delhi Land Reforms Act, 1954. Section38 Voluntary contribution of physical labour by Gaon Sabha members (1) A Gaon Sabha may, with the previous sanction of the Chief Commissioner and in accordance with an approved programme or with reference to any public work, arrange the voluntary contribution of physical labour on the part of all or a limited number of adult members of the Gaon Sabha Area in furtherance of a general or particular development scheme approved by the Gaon Panchayat or by the Circle Panchayat, if any. (2) A resolution in respect of physical labour in ac cordance with sub -section (1) may be passed at any meeting of the Gaon Sabha. Section39 Imposition of taxes (1) A Gaon Sabha may, with the previous sanction of the Chief Commissioner, impose the following taxes namely - (1) a tax on the rent payable by an Asami under the Delhi Land Reforms Act, 1954, no exceeding half an anna in a rupee of such rent, the tax aforesaid being payable by the person or persons severally or jointly in cultivatory possession of such lands. (ii) a tax on the land revenue payable by a Bhumidhar on account of land held by him, not exceeding one anna in a rupee of such land revenue, the tax aforesaid being payable by the person or persons severally or jointly recorded as Bhumidhar on such land in revenue records. 11. Sub-clauses (iii), (i v) omitted by Delhi Municipal Corporation Act, 1957. (iii) [* * *] 11. Sub-clauses (iii), (i v) omitted by Delhi Municipal Corporation Act, 1957. (iv) [***] Provided that the total amount of the aforesaid taxes in respect of anyone person shall not e xceed rupees 250 per annum. (2) The Chief Commissioner may at any time withdraw the sanction so given and the tax shall thereupon cease to be levied. 22. Clause (3) Omitted by Delhi Municipal Corporation Act, 1957. (3) [***] Section40 Collection, recovery, remission and suspension of taxes and dues (1)The Deputy Commissioner shall, as prescribed, arrange for the realisation of the Gaon Sabha taxes and dues and shall recover collection charges at 10 per cent of the realisation which shall be disposed of in such manner as may be prescribed. (2) Arrears of taxes shall be recoverable as arrears of land revenue. (3) The Gaon Sabha may, in accordance with rules prescribed and with the previous sanction of the Chief Commissioner, remit or suspend the colle ction of Gaon Sabha taxes wherever it is found necessary by the Government to remit or suspend the land revenue. Section41 Expenses and realization made by Panchayati Adalat (1) The expenses of the Panchayati Adalat shall be charged to the Gaon Sabha Area Fund of each unit in a circle in equal proportion. (2) All sums realised by way of [court fee or fine in any suit, criminal case or proceeding] disposed or by a Panchayati Adalat shall be handed over by the Chief Commissioner to the Gaon Sabha situated within the jurisdiction of the Panchayati Adalat in equal proportion. Section42 Audit The accounts of a Gaon Sabha shall be audited every year [by such person and in such manner as may be prescribed]. Section43 Budget (1) (a) Every Gaon Panchayat shall pre pare and lay before the kharif meeting of the Gaon Sabha a budget estimates of its income and expenditure for the year commencing on the 1st day of April next following. (b) Every Gaon Panchayat shall be prepare and lay before the rabi meeting of the Gaon Sabha its report including the account of its actual and expected receipts and expenditure for the year ending on the 31st March last preceding such meeting. (2) The Gaon Sabha may pass or refer back to the Gaon Panchayat the budget submitted to it for reconsideration with such direction as it my give in the manner prescribed and may likewise pass a recommendatory resolution in respect of the report or of any other matter. (3) If the budget is referred to the Gaon Panchayat for reconsideration as aforesaid, the Pradhan shall call an extraordinary meeting of the Gaon Sabha to be held within a fortnight of the said annual meeting and the Gaon Panchayat shall resubmit the budget at the said meeting with such modifications as may be necessary in the light of the direction of the Sabha, and the Gaon Sabha shall then pass the budget in the manner prescribed. (4) Subject to rules made in this behalf, the budget shall take effect after it has been approved by the prescribed authority and a Gaon Panchayat may incur any expenditure under any of the heads of the budget in excess of the amount approved under the head without variation or alteration of the budget with the approval of the prescribed authority. (5) If for any reason, a Gaon Panchayat fails to present its bud get estimate at the kharif meeting of the Gaon Sabha or its report on the expected receipt and expenditure at the rabi meeting, the prescribed authority may frame the budget or the report, as the case may be. Such a budget or report shall again be laid bef ore the Gaon Sabha concerned which may pass it even in an adjourned meeting, but it should be certified as approved, if the Gaon Sabha fails to do so. CHAPTER 6 CIRCLE PANCHAYAT AND PANCHAYATI ADALAT Section44 Circle Panchayat, Sarpanch and Naib Sarpanch (1) The Chief Commissioner or the prescribed authority shall by a notification in the official Gazette in this behalf, [group into a Circle such number of continguous Gaon Sabha Areas as the Chief Commissioner or (2) The Circle Panchayat for each circle shall consist of persons elected in accordance with sub - section (3). 11. Substituted by Central Act 9 of 1959 (Section 11). (3) [Every Gaon Sabha in each Circle shall elect from amongst its members a number of persons of prescribed qualifications] to act a s panches of the Circle Panchayat of that circle. The number of adults so elected shall be such that from each village in the Gaon Sabha Area two such adults shall be elected where its population is 1,000 or less and there where its population is more than 1,000. The election shall be carried out in the manner prescribed. The panel so elected for each circle shall be called Circle Panchayat. (4) No person shall be elected or remain panch of the Circle Panchayat if he is- (a) unable to read and write Hindi or Urdu; or (b) of unsound mind; or (c) suffering from leprosy; or (d) an undischarged insolvent; or (e) a servant of the Government or any local authority; or (f) convicted [under the Untouchability (offences) Act, 1955 or] of an offence involving moral turpitude or ordered to give security for good behaviour under Section 110 of the Code of Criminal Procedure, 1898; (5) All the panches shall elect from amongst themselves a person to act as Sarpanch, and another person to act as Naib Sarpanch of the Circle Panchayat. (6) Any dispute arising out of any election under sub -section (3) or (5) shall be referred to the prescribed authority; whose decision shall, subject to revision by the Chief Commissioner, be final and shall not be questioned in a Court of law. Section45 Functions of a Circle Panchayat In addition to providing panels of Panchayati adalat for the trial of [suits, criminal cases and proceedings] under Section 50, the Chief Commissioner may utilise the services of the Circle Panchayat as a representative elected body of the constituent Gaon Sabha for the purposes of co - ordinating their common schemes of development projects and their general superintendence. Where the Chief Commissioner decides to do so in one or more circles the followings shall b e the general functions of the Circle Panchayat- A. Obligatory 1. to take up the development projects of benefits to all or more than one village in the circle, such as roads, seeds stores [* * *] or irrigation projects. 2. to undertake and perform the wor k of any superseded Gaon Sabha during the period of supersession. 3. to transact any business in which all or more than one of the constituent Gaon Sabhas are jointly interested. 55. Substituted by Delhi Municipal Corporation Act, 1957. 4. to take action under [Section 34]. B. Discretionary - 1. the Chief Commissioner may confer of general superintendence and control on the Circle Panchayat, over the constituent Gaon Sabhas and Gaon Panchayats. 2. the Chief Commissioner may make rules regarding the diversio n of a part or percentage of Gaon Sabha Area Funds of the constituent Gaon Sabhas towards the expenses involved in the performance of the aforesaid functions of the Circle Panchayat. Section46 Term of Panches of a Circle Panchayat The term of office of every Panch shall be such as may be prescribed. Section47 Oath of Office Every Panch elected under Section 44, shall, as soon as possible after his election, take oath of office in the manner prescribed. Section48 Resignation (1) A panch may submit the resignation of his office to the prescribed authority. (2) No registration tendered by a panch shall be valid unless it has been accepted by the prescribed authority. Section49 Removal 11. Substituted by Central Act 9 of 1957. (1) [A member or panch of a Gaon Panchayat, Circle Panchayat or Panchayat Adalat] may be removed at any time by the prescribed authority in the manner prescribed if he (a) incurs any disqualification under sub -section (4) of Section 44.(b) refuses to act or becomes incapable of acting, or(c) without reasonable cause absents himself for more than two consecutive months from the sittings of [the Gaon Panchayat or the Circle Panchayat] or the Panchayati Adalat, as the case may be, or(d) is in the opinion of the prescribed authority guilt y of misconduct in the discharge of his duties, or(e) in the opinion of the prescribed authority undesirable in the public interest to continue in office. 11. Substituted by Central Act 9 of 1957. (2) A member or panch removed under sub -section (1) shall n ot be entitled to reelection as a member or panch for a period of three years and shall cease to be a member of the Gaon Panchayat or Circle Panchayat as the case may be]. (3) [A member or panch] removed under sub -section (1) shall have a right to appeal t o the Chief Commissioner. Section50 Panchayati Adalat and trial in a suit or proceeding (1) The Sarpanch shall for the trial of every [suit, criminal case or proceeding,] form a bench of five panches from the panel of Circle Panchayat to constitute a Panc hayati Adalat for the purposes of the trial of that suit or proceeding, in the manner prescribed. (2) Notwithstanding anything contained in this section, the Chief Commissioner may prescribe the constitution of special benches for determining any dispute a rising between any parties or Gaon Sabhas of different circles or for any other purpose. Section51 Absence of a Panch from the bench (1) If any panch appointed to a bench constituted under Section 50 for the trial of a [suit, criminal case or proceeding] is absent at any hearing, the remaining panches may, notwithstanding anything contained in this Act, try the suit or proceeding, provided, however, that at least three panches, including the chairman, are present. (2) No trial as aforesaid shall be invalid by reason merely that all the five panches forming the bench were not present at any hearing or that the same panches were not present at all the hearings. Section52 Filling of casual vacancies If a vacancy in the office of a panch Sarpanch or Naib Sarpanch of the Circle Panchayat arises by reason of his death, resignation or removal, it should be filled for the unexpired portion of his terms in the manner provided under subsection (3) or (5) or Section 44, as the case may be. Section53 Forum (1) Notwith standing anything contained in the Code of Civil Procedure, 1908, every suit instituted under this Act shall be instituted before the Sarpanch of the Circle Panchayat of the circle in which the defendant or any of the defendants, where they are more than o ne, ordinarily resides or carries on business at the time of the institution of the suit irrespective of the place where the cause of action arose. 11. Added by Central Act 9 of 1959. (2) Notwithstanding anything contained in the Code of Criminal Procedure , 1898, every criminal case instituted under this Act shall be instituted before the Sarpanch of the Circle Panchayat of the circle in which the offence is committed]. Section53A Offences triable by Panchayati Adalats (1) The following offences shall be triable by a Panchayati Adalat - (a) offences under Section 140, 160, 172, 174, 179, 269, 277, 279, 283, 285, 286, 289, 290, 294, 323, 334, 336, 341, 352, 356, 357, 358, 374, 379, 403, 411, (where the value of the stolen or misappropriated property in case under Section 379, 403 and 411 does not exceed fifty rupees), 426, 428, 430, 431, 447, 448, 504, 506, 509 and 510 of the Indian Penal Code; (b) offences under Section 24 and 26 of the Cattle trespass Act, 1871; (c) offences under Section 3, 4, 7 and 12 of the Delhi Public Gambling Act, 1955; (d) such other offence under any of the aforesaid enactments or any other enactment punishable with fine only up to a limit of one hundred rupees, as may, by notification in the Official Gazette, be declared by the Chief Commissioner to be triable by a Panchayati Adalat; (e) any offence under this Act or any rule made thereunder; (f) abetment of any of the foregoing offences; (g) an attempts to commit any of the forgoing offences, when such attempts is an offence; (2) Any criminal case relating to an offence under Section 143, 145, 151 or 153 of the Indian Penal Code, pending before any court may be transferred for trial to the Panchayti Adalat, if in the opinion of such court the offence is not serious. (3) The Chief C ommissioner may by order published in the Official Gazette withdraw from a Panchayati Adalat the power to try all or any of the offences referred to in clauses (a) to (g) of sub-section (1)]. 11. Substituted by Central Act 9 of 1959. Section53B Penalties (1) No Panchayati Adalat shall inflict a substantive sentence of imprisonment. (2) A Panchayati Adalat may impose a fine not exceeding one hundred rupees but no imprisonment may be awarded in default of payment: Provided that no accused shall be tried for more than three offences in the same criminal case and the fine that may be imposed on one accused in a criminal case shall not in the aggregate exceed one hundred rupees.] Section53C Certain persons not to be tried by Panchayati Adalat No Panchayati Adalat shall try and criminal case against a person where such person (a) has been previously convicted of an offence punishable with imprisonment for a term of three years or more; (b) has been previously fined for theft by any Panchayati Adalat; (c) has bee n bound over to be of good behaviour under Section 109 or 110 of the Code of Criminal Procedure, 1898; (d) has been previously convicted under the Public Gambling Act, 1867 or the Delhi Public Gambling Act, 1955; or (e) is a public servant. Section53D Summary disposal of Complaint A Panchayati Adalat may dismiss any complaint if after examining the complainant and taking such evidence as he may produce, it is satisfied that the complaint is frivolous, vexatious or untrue]. Section53E Compensation to complainants In imposing any fine, the Panchayati Adalat may order any portion or the whole of the fine recovered to be applied - (a) in defraying the expenses properly incurred in the criminal case by the complainant; (b) in the payment to any person or compen sation for any material loss or injury caused by the offence; or (c) in compensating any bona fide purchaser of stolen property for loss of the same where property is restored to the possession of the person entitled thereto]. Section53F Compensation to the accused (1) If an any criminal case before a Panchayati Adalat the accused is acquitted or discharged and the Panchayati Adalat is of the opinion that the accusation against him was false and either frivolous or vexatious, the Panchayati Adalat may call upon complainant forthwith to show cause why he should not be compensation to the accused. (2) If after hearing the complaint, the Panchayati Adalat is satisfied that the accusation was false and either frivolous or vexatious, it may direct that compensat ion not exceeding twenty -five rupees be paid by the complainant to the accused]. Section53G Enquiry into cases forwarded by Magistrates Notwithstanding anything contained in the Code of Criminal Procedure, 1898, a magistrate may direct an enquiry referred to in Section 202 of that Code to be made by a Panchayati Adalat in a criminal case in which the offence has been committed within the territorial limits of a Circle Panchayat]. Section53H Recovery of fines and compensation Any fine imposed in a case or compensation ordered to be paid under Section 53 -F by a Panchayati Adalat shall be recoverable in the manner provided in Section 386 of the Code of Criminal Procedure, 1898, but if the Panchayati Adalat finds any difficulty in its recovery, it may request the magistrate within whose jurisdiction the Panchayati Adalat lies to recover it as if the sentence of fine or the order directing payment of compensation had been passed by him]. Section53I Contempt of Panchayati Adalat (1) If any person intentionally o ffers any insult to a Panchayati Adalat or any member thereof, while the Panchayati Adalat is sitting in any stage of judicial proceedings, in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said person when legally required to do so, the Panchayati Adalat may at any time before rising on the same day take cognizance of the offence and sentence the offender to a fine not exceeding five rupees. (2) The fine imposed under sub -section (1) shall, for the pur pose of Section 53 -H, be deemed to be a fine imposed in a criminal case]. Section53J Conviction of a Panchayati Adalat not a previous conviction No conviction by the Panchayati Adalat shall be deemed to be a previous conviction for the purposes of Section 75 of the Indian Penal Code, or Section 562 or 565 of the Code of Criminal Procedure, 1898, or Section 3 of the Probation of Offenders Act, 1958]. Section54 Revenue cases Notwithstanding anything contained in the Delhi Land Revenue Act, 1954, all proceedings under Sections [* * *] 27 and 28 of that Act shall be transferred by the Tahsildar to the Circle Panchayat within the local area of which the land concerned is situated and the Circle Panchayat shall decide shall proceedings in the manner prescribed: Provided that where land included in the local area of more than one Circle Panchayat is concerned, that Circle, Panchayat shall have jurisdiction in which the recorded Asami or the tenure holder ordinarily resides or if he resides is none, the Tahsildar s hall refer the proceeding to the Circle Panchayat within the area of which the greater part of the land is situated : Provided further that no such proceeding in which land paying more than rupees 100 as land revenue is involved shall be transferred to a Circle Panchayat: Section55 Extent of jurisdiction (1) The jurisdiction of a Circle Panchayat shall extend to any suit of the following description if its value does not exceed two hundred rupees : (a) a suit for money due on contract, other than a contract in respect of immovable property; (b) a suit for the recovery of movable property or for the value thereof; (c) a suit for compensation for wrongfully taking or injuring a movable property; or (d) a suit for damages caused by cattle trespass. (2) The Chi ef Commissioner or the prescribed authority may, by notification in the official Gazette, direct that the jurisdiction of any Circle Panchayat shall extend to all such suits of such value not exceeding five hundred rupees as may be specified in the notification. Section56 Extention of jurisdiction by agreement of parties Notwithstanding anything contained in Section
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