The punjab panchayati raj act, 1994

  
~/ 
THE PUNJAB PANCHAYATI RAJ 
ACT, 1994 
  
  
    
  
(Punjab Act 9 of 1994) 
CONTENTS | Section 
Page No. 1. Short title, extent and commencement 12 
CHA R= 
PRELIMINARY 
2. Definitions i4 
CHAPTER - I 
GRAM SABHA AND GRAM PANCHA A HS Establishment of m bha areas 19 4 Constitution of Gram Sabhas 22 5. Meeting and quorum of Gram Sabha 23 6. Presiding Officer 24 7. Budget and annual report of Gram Sabha 24 & Resolution of Majority votes 24 9. unctions of Gram Sabh 24 10. Constitution of Gram Panchayat 25 11. Reservation of the seats for the offices of the Panch 27 10-A Formulation of wards, af 12. Reservation of for the office of Sarpan 29 13 Notification of election and oath of allegiance by Panches 32 13-A. [Omitted] 
33 14. Term of office of Sarpanch and Panch 33 
15. Term of office of Gram Panchayat 34 16. Powers, functions and duties of Sarpanch 35 | 17. Resignation of Sarpanch 36 y 18. Resignation of Panches 36 H 19. [Omitted 36 : 20. Suspension and removal of Panch and Sarpanch 37 1 21, Cessation from office of Safpanch or Panch 45 . 22, Filling of casual vacancies of Sarpanches and Panches 46 | 23. Meeting of Gram Panchayat 46 
| 24. Quorums and Procedure 47 | 25. Standing Committees of Gram Panchayats 48 26 Constitution of Panchayat Secretaries Service 48 27. Other employees of the Gram Panchayats 49 
28. Provident Fund and gratuity for servants 49 29. Dissolution of Gram Panchayat 49
  6 
29-A. 
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i \o¥ ~ 
THE PUNJAB PANCHAYAT! RAJ ACT, 1994 
  
’ 
Dissolution of Gram Panchayat in exceptional 
circumstances 
‘CHAPTER - Ill 
FUNCTIONS, POWERS AND DUTIES OF 
GRAM PANCHAYATS. 
Functions of Gram Panchayats 
Assignment of functions of Gram Panchayats 
" Special functions of Gram Panchayat 
Delegated functions of Gram Panchayats 
Power to require removal of encroachments and 
nuisance 
Power of Gram Panchayat to make general order 
Penalty for disobedience of special or general order of 
the Gram Panchayat 
Appeal against orders of Gram Panchayat 
Power to enquire and make report about misconduct of 
pelty officials 
Supervision of Patwaris 
Power to introduce prohibition 
Power to make Bye-laws 
Power of entry and Ins ion 
Power regarding naming of streets and numbering of 
buildings 
CHAPTER - IV 
JUDICIAL FUNCTIONS OF GRAM PANCHAYATS 
Powers and jurisdiction of Gram Panchayat over 
criminal offences 
Transfer of proceedings 
Exclusion of certain case 
Cognizance of criminal cases 
Action on complaint 
Power of Gram Panchayat to refuse to entertain 
criminal case 
Proceeding on failure of the accused to appear 
Promot disposal of criminal cases 
Punishment. 
Compensation 
Conviction by Gram Panchayat not Previous Conviction 
Supervision of Criminal proceedings by Chief Judicial 
Maaistrate 
Civil, revenue and judicial powers 
  
Gram Panchayat to be deemed to be civil or revenue 
court 
Limits to jurisdiction 
Transfer of suits 
50 
50 
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£8 
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THE PUNJAB PANCHAYATI RAJ ACT, 1994 
  
60. 
61. 
62. 
63 
64, 
65 
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69. 
rat 
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76. 
7. 
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7g 
80 
34 
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83 
a4. 
85 
87. 
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8g. 
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o1 
92. 
93. 
95. 
Exclusion of Gram Panchayat jurisdiction 
Limitation 
Institution of suits 
Wrong institution of suits 
Summary dismissal 
Necessary Parties in suits 
Summons 
Dismissal in default and restoration 
Ex parte decision 
Final decision 
Supervision 
Provisions of the Code of Criminal Procedure, 1973. 
andthe Code of Ciil Procedure, 1908 to apply only 
where provided 
Bar to personal interests 
Compromise and decision on oath 
Bar to legal practitioners 
Appearance of agents 
Difficulties in respect of having no jurisdiction 
Attendance witnesses 
Processes 
Transfer application 
Stay of proceedings 
Payment by instalments 
Finality of decisions 
Custody of money 
Contempt of Court 
CHAPTER - V 
PROPERTY, FUNDS, FINANCE AND ACCOUNTS OF GRAM PANCHAYATS 
Property of Gram Panchayat 
Gram Panchayat Fund 
Custody and maintenance of Gram Panchayat records 
and properties 
Taxation measures b ram Panchayat 
Financial assistance to Gram Panchayats 
Power to exempt from taxes and to write off 
irrecoverable amounts 
Expenses of Gram Panchayats 
Recovery of dues as arrears of revenue 
Power of Gram Panchayat to borrow 
Special tax and Community Service 
Budget of Gram Panchayat 
Accounts of Gram Panchayat 
  
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THE PUNJAB PANCHAYATI RAJ ACT, 1994 
  
of: 
98. 
100. 
100-A. 
101. 
101-A. 
102. 
103. 
104. 
105. 
106. 
107. 
108. 
109. 
110. 
411. 
112, 
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114. 
114-A. 
115. 
116. 
117. 
118. 
119. 
120. 
121. 
122 
Audit of Accounts of Gram Panchayats 
CHAPTER — VI 
CONSTITUTION OF PANCHAYAT SAMITIS AND 
CONDUCT OF THEIR BUSINESS 
Establishment of Panchayat Samiti 
Composition of Panchayat Samitis 
Determination of number of directly elected mem bers of 
Panchayat Samitis 
Omitted 
Delimitation of Territorial constituencies 
Omitted 
Reservation of seats of Panchayat Samitis 
Duration of Panchayat Samiti 
Notification of election and Oath of allegiance by 
members of Panchayat Samitis 
Elections of Chairman and Vice-Chairman and term of 
office 
Reservation for the offices of Chairmen and Vice- 
Chairmen of Panchayat Samitis 
Rotation of reserved seats and offices 
Allowances to Chairman, Vice sChairman and other 
members of Panchayat Samitis 
Powers, functions and duties of Chairman of Panchayat 
Samitis 
Extraordinary Powers of Chairman and executive 
Officer of Panchayat Samitis 
Powers, Function of Vice-Chairman of Panchayat 
Samitis 
Resignation or removal of Chairman and Vice- 
Chairman of Panchayat Samiti 
Suspension and removal of members of Panchayat 
Samitis 
Dissolution of Panchayat Samiti 
Dissolution of Panchayat Samitis in exceptional 
circumstances. 
Filling of casual vacancies of member, Chairman and 
Vice Chairman of Panchayat Samiti 
Meeting of Panchayat Samiti 
Defect or irregularity not to vitiate proceedinas of 
Panchayat Samiti 
Executive Powers of Panchayat Samitis 
Functions and duties of Panchayat Samiti 
Entrustment of functions fo Panchayat Samitis 
Relationship of Panchayat Samiti with Gram 
Panchayats 
Powers of Panchayat Samiti to make bye-laws. 
78 
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THE PUNJAB PANCHAYAT! RAJ ACT, 1994 
  
  
  
40, 
At. 
42. 
43. 
  
Penalty for infringe.nent of bye-laws 
Penalty for disobedience orders of Panchayat Samiti 
Compensation for damage 
Penalty for obstructions 
Prosecution 
Payment of compensation 
Power to recover SUMS of money claimable by 
Panchayat Samiti 
Power of Panchayat Samiti to delegate 
Joint work and undertakings 
Acquisition of land and other immovable property 
Procedure when acquisition by agreement not possible 
Standing Committees of Panchayat Samiti 
Functions of General Standing Committee of Panchayat 
Samiti 
Procedure of Standing Committees of Panchayat 
Samitis 
Power of Panchayat Samiti to acquire hold and dispose 
of property 
Panchayat Samiti Fund 
Vesting, custody and investment of Panchayat Samiti 
Fund 
Application of Panchayat Samiti Fund 
Minimum balance in Pancha yat Samiti Fund 
Annual Estimates. of income and expenditure 
Audit of Accounts of Panchayat Samitis 
Inspection of Budget and Accounts of Panchayat 
Samitis 
Publicatien of abstract of accounts of Panchayat 
Samitis 
The Local Rate 
Liability of local rate 
Appropriation of the proceeds of local rate 
Taxation measures by Panchayat Samitis 
Procedure for imposing taxes under Section 149 
Power of Panchayat Samitis to raise loans 
Expenses of Panchayat Samit! 
Recovery of rates, taxes etc 
Appointment of Executive Officer and his functions 
Employment of Staff and Panchayat Samitis 
Punishment and dismissal of employees of Panchayat 
Samitis 
State Government employees to be placed at the 
disposal of Panchayat Samitis 
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or 
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9g 
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400 
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  10 THE PUNJAB PANCHAYATI RAJ ACT, 1994 
  
158. 
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VFA. 
172, 
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174, 
175. 
176. 
VT. 
178. 
178-A. 
179. 
180. 
181. 
182. 
183. 
184, 
185. 
186. 
Government Employees Conduct Rules to apply to 
employees of Panchayat Samitis 
Employees of Panchayat Samiti not to be concerned in 
contracts 
Employees etc. to be public servants 
CHAPTER - Vil CONSTITUTION OF ZILA PARISHADS AND 
CONDUCT OF THEIR BUSINESS 
Establishment of Zila Parishads 
Composition of Zila Parishad 
Determination of number of directly elected members of 
Zila Parishads 
De-limitation of Territorial Constituencies of Zila 
Parishads 
Reservation of seats of Zila Parishads 
Duration of Zila Parishads 
Notification of election and oath of allegiance by 
Member of Zila Parishad 
Election of Chairman and Vice-Chairman of Zila 
Parishad 
Reservation of offices of Chairman and Vice-Chairman 
of Zila Parishads 
Rotation of reserved seats and offices 
Allowances to the Chairman and Vice-Chairman and 
Members of Zila Parishads 
Powers, functions and duties of the Chairman and Vice- 
Chairman of Zila Parishads. 
Extraordinary powers of Chairman and Chief Executive 
Officer of Zila Parishad 
Resignation of Chairman and Vice-Chairman of Zila 
Parishads 
          
No-confidence motion against Chairman and Vice- 
Chairman of Zila Parishad 
Resignation of members of Zila Parishad 
Filling of casual vacancies 
Dissolution of Zila Parishads 
Dissolution of Zila Parishad in exceptional 
circumstances 
Meetings of Zila Parishads 
Functions of Zila Parishads 
Duties and powers of Zila Parishad 
Assignment of functions of Zila Parishad 
Power of Zila Parishad delegate 
Standing Committee of Zila Parishads 
Functions of the Standing Committees of Zila Parishad 
Procedure of Standi.1q Committees of Zila Parishads 
    
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er 
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THE PUNJAB PANCHAYATI RAJ ACT, 1994 
Power of Zila Parishads to acquire, hold 
property 
Zila Parishad Fund 
Taxation measure by Zila Parishads 
Financial arrangement by Zila Parishads 
Recovery of rates, taxes etc 
Budget of Zila Parishad 
Account of Zila Parishads 
Audit of Accounts of Zila Parishads 
Chief Executive Officer and Officers of Zila Parishads 
Staff of the Zila Parishad 
Functions of Chief Executive Officer of Zila Parishad 
Recovery of money by Chief Executive Officer of Zila 
Parishad SS 
and dispose of 
CHAPTER — Vill 
CONTROL AND SUPERVISION 
Power to cancel or suspend resolutions of Panchayat 
Default of duties by the Panchayats 
Power to call for proceedings of Panchayat 
Emergency powers of the Stale Government 
Access to or seizure of record of Panchayats 
Power to issue directions 
Inquiry into affairs of Panchayats 
Right of State Government Officers to attend meetings 
of Panchayats 
General powers of State Government and 
Commissioners 
CHAPTER - IX MISCELLANEOUS 
Disqualification for Membership 
Power of State Government to direct holding of general 
elections 
Election Commission to conduct Panchayat election 
Continuation of existing Panchayats 
Existing institutions to continue till new institutions are 
established _ 
a Election to be held within six months where Panchayat 
is not functioning 
District Planning Committees 
Disputes between Panchayats and other bodies 
Liability of members of Panchayats 
Right of appeal of employees 
Protection of action in good faith 
Authentication of orders etc. AutihEncalo) 
Relation of Panchayat with police 
  
  
128 
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430 
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435 
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142 
442 
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12 THE PUNJAS PANCHAYATI RAJ ACT, 1994 
  
      
271. Delegation of powers 146 
222, Over-riding effect_on other laws 146 
223. Power to remove difficulties 146 
224, Panchayats to be local authorities 147 
225 Power of Panchayats to make requlations 147 
226. Power of State Government to make model requlations 147 
227. Power to make Rules 147 
_ 228 Repeal and Savings 149 
SCHEDULES | TO Ill & NOTIFICATIONS 449-157   
THE PUNJAB PANCHAYATI RAJ 
ACT, 1994 
(Punjab Act 9 of 1994) 
Notification 
The 21st April, 1994 
No. 9-Leg/94 — The Following Act of the Legislature of The State of Punjab 
received the assent of the President of India on 20th April, 1994, and is 
hereby published for general information: - 
An Act to replace the Punjab Gram Panchayat Act, 1952, relating to 
Gram Panchayats, and the Punjab Panchayat Samitis and Zila Parishads 
Act, 1961, relating to the Panchayat Samitis and Zila Parishads by a 
comprehensive new enactment, 
Whereas it is expedient to replace the present enactments by a 
comprehensive new enactment to establish a three-tier Panchayati Raj 
system in the State of Punjab with elected bodies at the village, Block and 
District levels, in keeping with the provisions of the Constitution (Seventy- 
third Amendment) Act, 1992 for greater participation of the people and 
more effective implementation of rural development and Panchayati Raj 
system. 
Be it enacted by the State Legislature of the State of Punjab in the 
forty-fifth year of the Republic of India as follows: - 
4. Short title, extent and commencement. (1) This Act may be called 
the Punjab Panchayati Raj Act, 1994. 
(2) It extends to the whole of the State of Punjab. 
(3) It shall come into force on such date as the State Government may, 
by notification, in the Official Gazette appoint. — 
Comments 
Constructing a Statute — While constructing a Statute, the court shall presume 
that the Legislature knows the existing law and does not intend to aller it except by
  
THE PUNJAB PANCHAYATI RAJ ACT, 1994 13 
express enaciment -- The court cannot proceed upon the assumption that the 
legislature has made a mistake, because, there is a strong presumption that the 
Legislature does not make mistakes -- IL is also well established that a Statute ought to 
be so construed that if it can be prevented no clause, sentence or word is rendered 
superfluous, void or insignificant unless the retention of such words or giving effect ta 
them leads to absurdity. Som Lal v. Vijay Laxmi etc., 2005(1) LA.R. 376 (P&H D B.). 
Interpretation of Statute -- Where the language of a Statule is unambiguous, 
ordinarily the preamble may not be resorted to explain its provisions -- However, the 
preamble is also an admissible aid to a Statute's construction especially, to find out as 
to what particular instances, the enactment is intended to apply -- Similarly, the 
Statement of Objects and Reasons appended to a Bill can also be referred to for the 
purpose of understanding the background and the antecedents, state of affairs leading 
upto the legislation -- Tille of a statute is also an important part of the Act and may be 
referred to for the purpose of ascertaining its general scope and of throwing light on its 
construction, although it cannot over-ride the clear meaning of the enactment. Som Lal 
v. Vijay Laxmi ete., 2006(1) L.A.R. 376 (P&H D.B.). 
Interpretation of statute -- Words of an enactment are to be given their ordinary, 
popular and natural meaning -- If such meaning is clear and unambiguous, the effect 
should be given to a provision of a statute in the same manner whatever may be the 
consequences -- If the language of a statute is clear, the only duly of the Court is to give 
effect to it and the Court has no business to look into the consequences of such 
interpretation -- Court is under an obligation to expound the law as it exists and leave 
the remedy to the legislature, even if harsh conclusions result from such exposition -- 
Equally, it is now well recognized proposition of law that mandatory provisions and 
command of law have to be complied with in the same manner as envisaged and 
mandated by any statute and it cannot be interpreted otherwise. Sukhwinder Kaur v. 
State of Punjab and others, 2011(3) L.A.R, 279 (P&H) 
Preamble -— Where the language of a Statute is unambiguous, ordinanly the 
preamble may not be resorted to explain its provisions —- However, the preamble is also 
an admissible aid to a Statute’s construction especially, to find oul as to what particular 
instances, the enactment is intended to apply -- Similarly, the Statement of Objects and 
Reasons appended to a Bill can also be referred to for the purpose of understanding the 
background and the antecedents, state of affairs leading upto the legislation -- Title of a 
statute is also an important part of the Act and may be referred to for the purpose of 
ascertaining its general scope and of throwing light on its construction, although it 
cannot over-ride the clear meaning of the enactment. Som Lal v. Vijay Laxmi etc. 
2006(1) L.A.R. 376 (P&H D.B.). 
Principle of Harmonious construction -- Provisions of one Statute cannot be 
used to defeat provisions of the other Statute unless the court finds it impossible to 
effect reconciliation between the two sets of provisions -- Principle of “harmonious 
construction” requires that two conflicting provisions, which cannot be reconciled wath 
each other, should be so interpreted that, if possible, effect is given te both -- However, 
this principle cannot be stretched to render one of the provisions obscure or redundant. 
Som Lal v. Vijay Laxmi etc., 2006(1) L.A.R, 376 (P&H D.B.). 
Punjab State Election Commission Act, 4994 (19 of 1994), Section 1 — Nature 
of legislation -- Act No.9 of 1994 came into force in terms of Constitution (73rd 
Amendment) Act, 1992, replacing Punjab Gram Panchayat Act, 1952, to establish a 
three tier Panchayati Raj System in the State of Punjab -- Act No.9 came into force 
wef. 21.4.1994, whereas Act No.19 of 1994 came into force w.e.f. 7.9.1994 -- As per 
Act No.19, State Election Commission has a power of superintendence, direction and 
control of the preparation of electoral rolls and ta conduct all elections to the 
Panchayats and Municipalities in the State of Punjab -- Act No.19 is a complete Code in 
itself providing for guidance in almast all contingencies, it provides the reliefs under 
Section 87 — U/s 87, Election Tribunal has the power lo declare the election of any 
  
  
  
   
  
    
  
14 THE PUNJAB PANCHAYAT RAJ ACT, 1994 
  
Panch or Sarpanch illegal afier conclusion of the trial of election petition. Surjit Singh v 
Presiding Officer and others, 2010(2) L.A.R 691 (P&H) 
CHAPTER - | 
PRELIMINARY 
2. Definitions.-- |n this Act, unless the context othenvise requires, - 
(a) “annual value” means — 
(i) double the land revenue for the time being assessed on any 
land, whether the assessment is leviable or not, or 
(ii) where the land has been permanently assessed, or has been 
wholly or in part compounded for or redeemed, double the 
amount which, but for such permanent assessment, 
composition or redemption, would have been leviable; or 
(iii) where no land revenue has been assessed, double the 
amount which would have been assessed if the average 
village rate had been applied: 
Provided that, in any tract in which, under the settlement for the 
time being in force, the improvement of the land due to canal 
irrigation has been excluded from account in assessing the 
land revenue and a rate has been imposed in respect of such 
improvement, that rate shall be added to the land revenue for 
the purpose of computing the annual value; 
(b) “Backward Classes" means such classes of citizens as may be 
notified by the State Government from time to time; 
(c) “Block” means such area in a district as may be declared by the 
State Government by notification, to be a Block: 
{d) “Block Development and Panchayat Officer” means the Block 
Development and Panchayat Officer and includes any other 
officer appointed by the State Government to perform all or any of 
the functions of the Block Development and Panchayat Officer 
under this Act; 
(e) “business” includes any trade, commerce or manufacture or an 
adventure or concern in the nature of trade, commerce or 
manufacture; 
(f) = “building” means any shop, house, hut, out-house, shed or stable, 
whether used for the purpose of human habitation or otherwise 
and whether of masonry, bricks, wood, mud, thatch, metal or any 
other material whatever, and includes 4 wall and a well, 
(g)  “bye-laws” means bye-laws made by @ Gram Panchayat, or a 
Panchayat Samiti or a Zila Parishad under this Act. 
  «ale
  
  
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THE PUNJAB PANCHAYATI RAJ ACT, 1994 15 
  
  
“Chairman or Vice-Chairman” means the Chairman or the Vice- 
Chairman of a Panchayat Samiti or a Zila Parishad, as the case 
may be; 
“Chief Executive Officer’ means Chief Executive Officer of a Zila 
Parishad appointed under this Act, 
“Collector” means the Collector of a district and includes any 
officer not below the rank of a District Development and 
Panchayat Officer specially appointed by the State Government to 
perform the functions of a Collector under this Act: 
“Commissioner” means the Divisional Commissioner or such 
other officer as may be appointed by the State Government to 
exercise the powers of a Commissioner under this Act: 
“Common land" means land which is not in the exclusive use of 
any individual and has by usage, custom or prescription been 
reserved for the common purposes of village community or has 
been acquired for such purposes, 
“casual vacancy” means a vacancy occurring otherwise than by 
efflux of time: 
“Deputy Chief Executive Officer” means an officer not below the 
rank of District Development and Panchayat Officer to be 
appointed under this Act as such for a Zila Parishad; 
“Deputy Commissioner means the Deputy Commissioner of a 
district and includes any officer not below the rank of an Extra 
Assistant Commissioner specially appointed by the State 
Government to perform the functions of a Deputy Commissioner 
under this Act, 
“Deputy Director” means an Officer appointed by the State 
Government to perform the functions of a Deputy Director under 
the Act, 
“Director” means the Director of Panchayats appointed under this 
Act and includes any officer not below the rank of Deputy Director 
appointed by the State Government to perform the functions of 
the Director; 
“District” means a revenue District in the State, 
“District Development and Panchayat Officer” means a District 
Development and Panchayat Officer and includes an officer 
appointed by the State Government to perform the functions of a 
District Development and Panchayat Officer under this Act: 
“Election Commission" means the Election Commission 
constituted under Article 243-K of the Constitution of India for the 
State of Punjab: 
  
“Erection or Re-erection or Enlargement’ of any building includes- 
(i) any material alteration or enlargement of any building, 
  
 
  
  
16 THE PUNJAB PANCHAYATI RAJ ACT, 1994 
  
(v) 
(w) 
(x) 
(y) 
(2) 
(ii) the conversion, by structural alteration, into a place of human 
habitation of any building not originally constructed for human 
habitation; 
(ii) the conversion of two or more places of human habitation 
into a lesser number of such places; 
(iv) the conversion of one or more places of human habitation 
into a greater number of such places; 
(v) such alteration of a building as would effect a change in the 
drainage or sanitary arrangements or materially affect its 
security: 
(vi) the addition of any rooms, buildings, out-houses or their 
structures to any building: 
(vii) the conversion, by any structural alteration, into a place of 
religious worship or into a building used for a sacred purpose 
of any place or building not originally meant or constructed 
for such purpose: 
(viiil)roofing or covering an open space between walls or 
buildings, in respect of the structure which is formed by 
roofing or covering sucii space, 
(ix) conversion into a stall, shop, warehouse or godown of any 
building not originally constructed for use as such or vice 
versa; 
(x) construction of a door in a wall adjoining any street or land 
not vested in the owner of the wall and opening on such 
street or land, 
“Executive Officer’ means an Executive Officer of a Panchayat 
Samiti constituted under this Act: 
“existing law" means the Punjab Gram Panchayat Act, 1952 
(Punjab Act 4 of 1953) or the Punjab Panchayat Samitis and Zila 
Parishad Act, 1961 (Punjab Act 3 of 1961) as the case may be; 
“Factory” means besides a factory as defined in the Factories Act. 
1948 (Central Act 13 of 1948) and any premises including any 
premises where in any industrial manufacturing or trade process 
is carried on with the aid of stream, water, oil, gas, electrical or 
=ny other form of power which is mechanically transmitted and is 
not generated by human or animal agency; 
“Gram Sabha” means a body consisting of persons registered as 
voters in the electoral rolls of the area of the Gram Panchayat, 
Gorrstifuted under Section 3 of this Act; 
“Gram Sabha area” means territorial area of a Gram Sabha; 
(za) “Gram Panchayat" means an institution of self-government for a 
Gram Sabha area constituted under Section 9; 
   
  
THE PUNJAB PANCHAYAT! RAJ ACT, 1994 17 
  
(zb) “land” means land assessed to land revenue and includes land 
whereof the land revenue has been wholly or in part released, 
compounded for, redeemed or assigned, 
(zc) “land-holder’ means any person responsible for the payment of 
the land revenue, if any, assessed on land and includes the 
proprietor of land, the land revenue of which has been wholly, or 
in part released, compounded for redeemed or assigned; 
(zd) “latrine” includes a privy, water-closet and urinal; 
(ze) “local authority” includes a Municipal Corporation, Municipal 
Committee, Zila Parishad, Panchayat Samiti, Gram Panchayat, 
Sanitary Board, Town Board, Notified Area Committee, 
Improvement Trust, Urban Development Authority and Planning 
Authority constituted under this Act of under any law for the time 
being in force; 
(zf) "market" means a place for the sale of goods or animals publically 
exposed where ordinarily or periodically at least four shops, stalls 
or sheds are set up or where at least ten animals are brought for 
sale; 
(zg) “member” means a member of a Gram Panchayat, a Panchayat 
Samiti or Zila Parishad and includes Sarpanch of a Gram 
Panchayat and Chairman and Vice-Chairman of Panchayat 
Samiti or Zila Parishad; 
(zh) “occupier” means any person in actual possession of any land or 
building or part thereof and includes an owner in actual 
possession and the tenant or licensee whether such tenant or 
licensee is liable to pay rent or not; 
(zi) "Panch" means a member of the Gram Panchayat elected under 
this Act and includes a Sarpanch, 
(zj) "Panchayat" means a Gram Panchayat, Panchayat Samiti and 
Zila Parishad constituted under this Act; 
(zk) "Panchayat area" means the territorial area of a Panchayat or 
Panchayat Samiti or Zila Parishad; 
(zl) "Panchayat Samiti" means a Panchayat Samiti constituted for a 
| Block under this Act; 
(zm) "Panchayat Secretary" means the Secretary of the Gram 
1% Panchayat appointed under this Act, 
(zn) “population” means ‘[the rural population as] ascertained at the 
last preceding census of which the relevant figures have been 
published; 
(zo) "prescribed" means prescribed by rules made under this Act; 
(zp) "public nuisance" includes any act, omission, place or thing which 
causes or is likely to cause injury, danger, annoyance or offence 
    
1. Substituted for the words “the population as" vide Punjab Act No. 15 of 1998. 
  
  
 
  
18 THE PUNJAB PANCHAYATI RAJ ACT, 1994 
    
to the sense of sight, smell or hearing or disturbance to rest or 
sleep or which is or may be dangerous to life or injurious to the 
health or property of the public or of the people in general, who 
dwell in the vicinity or of persons who may have occasion to 
exercise a public right, 
(zq) "public place" means any place, building or structure situated 
within a Panchayat area to which the public has free access: 
(zr) “public servant" means a public servant as defined in section 21 
of the Indian Penal Code, 1860 and shall include a Panch and a 
Sarpanch or member of a Panchayat Samiti or a member of a Zila 
Parishad; 
(zs) “public street’ means a pathway, road, street, bridge, lane, 
square, court, alley or passage in a village, which the public has 
a right to use, and includes the drains or gutters on either side 
and the land up to the defined boundary of any abutting property, 
notwithstanding any projection over such side of any verandah or 
other superstructure, 
1 “Sarpanch” means a Sarpanch of a Gram Panchayat elected 
under section 10 of this Act:] 
\ (zu) “Schedule" means a Scheduled appended to this Act: 
| (zv) "Schedule Caste" means the Scheduled Caste specified in 
| respect of the State of Punjab in the Constitution (Scheduled 
Caste) Order, 1950 for the time being in farce; 
(zw)"Social Education and Panchayat Officer" means Social 
Education and Panchayat Officer and- includes an officer 
\ appointed by the State Government to perform the functions ofa 
Social Education and Panchayat Officer under this Act, 
(zx) “Standing Committee” means a Standing Committee constituted 
| for a Gram Panchayat, a Panchayat Samiti or a Zila Parishad 
| under this Act; 
| (zy) “Sub-Division Officer’ means the officer-in-charge of a Sub- 
Division of a District constituted for revenue and general 
| purposes; 
} (zz) “tax” includes a cess, duty fee rate, toll or other impost leviable 
under this Act; 
| (zza) “Village” means any local area, recorded as a revenue estate in 
| the revenue records of the district in which it is situated, 
(zzb) “Village level functionary" in relation to a Gram Sabha area 
means any person performing his official duties in that Gram 
  
1. Substituted by Punjab Act No. 4 of 2012, prior to substitution clause (zt) was read as under: 
*(zt) "Sarpanch" means Sarpanch of the Gram Panchayat elected under [section 13-A] of the this 
Act” (wef, 21.5.2012) 
  
|
  
THE PUNJAB PANCHAYATI RAJ ACT. 1994 19 
  
  
Sabha area and includes Patwari, School Teacher, Secretary of a 
Co-operative Society, and Forest Guard; 
(zzc) “Watercourse” means any channel which is maintained at the 
cost of imgators and is supplied with water from any canal to 
which either the Northern India Canal and Drainage Act. 1873 or 
the Punjab Minor Canals Act. 4905 or any other Act for the time 
being in force applies and includes all subsidiary works connected 
with such channel except the sluice or outlet through which water 
is supplied to such channel; 
(zzd) “Zila Parishad” means a Zila Parishad of a district constituted 
under this Act; 
(zze) the expressions “offence”, “non-bailable offence’, “cognizable 
offence”, “complaint”, “officer-in-charge of a police station” and 
“police station” have the same meanings as in section 2 of the 
Code of Criminal Procedure, 1973, 
(zzf) the expressions “decree-holder’, “judgment-debtor’, “legal 
representative” and “movable property” have the same meanings 
} as in section 2 of the Code of Civil Procedure, 1908; 
(zzg) the expressions ‘landowner’, “tenant” and “land revenue” have 
the same meanings as in the Punjab Land Revenue Act, 1887; 
(zzh) words the expression used but not defined in this Act shall have 
the meanings assigned to them in the law for the time being in 
force relating to the Gram Panchayats, Municipalities, District 
Boards and Market Committees. 
CHAPTER - Il 
GRAM SABHAS AND GRAM 
PANCHAYATS 
3. Establishment of Gram Sabha areas.-- (1) The State 
Government may, by notification, declare any village or group of 
contiguous villages with a population of not less than ‘[three hundred] to 
constitute a Gram Sabha area: 
E * Provided that a new Gram Sabha area may be constituted for any 
| village or group of contiguous villages in respect of a separate distinct 
7 ‘ . A 2 
L abadi or group of abadis having a population of not less than “[three 
hundred] taking into consideration its physical distance from the main 
village or villages, as the case may be and other relevant facts: 
ee 
1. Substituted by Punjab Act No. 4 of 2012, for the words “two hundred”. (w.ef. 215.2012) 
2. Substituted by Punjab Act No. 4 of 2012, for the words "two hundred”. (wef. 215.2012) 
  
  
  
 
  
  
  
  
70 THE PUNJAB PANCHAYAT! RAJ ACT, 1994 
    
‘(Provided further that a Gram Sabha constituted prior to the 
commencement of the Punjab Panchayati Raj (Amendment) Act, 2012, 
with a population of less than three hundred shall not be affected.) 
Provided further that neither the whole nor any part of - 
(a) a Notified Area under Section 241 of the Punjab Municipal 
Act, 1911, or any other Act for the time being in force, or 
(b) a Cantonment, or 
(c) a Municipality of any class, or 
(d) a Municipal Corporation, 
shall be included in a Gram Sabha area unless the majority of voters in any 
Notified Area or Municipality of the Third Class desire the establishment of 
a Gram Sabha in which case the assets and liabilities, if any, of the Notified 
Area Committee or the Municipal Committee, as the case may be, shall 
vest in the Gram Panchayat of that Gram Sabha and the Notified Area 
Committee or the Municipal Committee shall cease to exist. 
(2) That State Government may, by notification, include any area in or 
exclude any area from the Gram Sabha area. 
(3) (i) Where any area excluded from any Gram Sabha area under sub- 
section (2) is either included in any other Gram Sabha area or is 
constituted into a new Gram Sabha area, the assets and liabilities of the 
Gram Panchayat of the Gram Sabha area from which such area is so 
excluded (hereinafter referred to as the existing Gram Panchayat) shall be 
apportioned between the successor Gram Panchayats in the manner 
specified hereinafter. 
(ii) All lands and all stores, articles and other goods belonging to the 
existing Gram Panchayat shall, - 
(a) if within the Gram Sabha area of that Gram Panchayat pass on to 
the successor Gram Panchayat in whose Gram Sabha area they 
are situated; 
(b) if outside the Gram Sabha area of that Gram Panchayat be 
apportioned between the successor Gram Panchayats according 
to population ratio; 
(iii) The Gram Fund, Sank Balances, grants received from the State 
Government from time to time shall be apportioned between the successor 
Gram Panchayats according to the population ratio: 
Provided that a grant given by the State Government for the 
development of an area which forms part of the Gram Sabha area of any of 
the successor Gram Panchayats shall be transferred to that successor 
Gram Panchayat. 
(iv) The right to recover arrears of any tax on property shall belong to 
the successor Gram Panchayat in whose Gram Sabha area the property is 
situated and the right to recover any other tax imposed by the existing 
  
— 
4 Inserted by Punjab Act No. 4 of 2012. (wef. 21.65.2012) 
- 
i 
— 
  
 
  
  
  
  
THE PUNJAB PANCHAYATI RAJ ACT, 1994 71 
  
Gram Panchayat shall belong to the successor Gram Panchayat in whose 
Gram Sabha area the place of assessment of that tax is situated. 
(v) Where before the date of exclusion of Gram Sabha area the existing 
Gram Panchayat has made any contract for the purposes of that Gram 
Panchayat, that contract shall be deemed to have been made- 
(a) if the purposes of the contract are on and from the day of 
exclusion of the Gram €abha area, exclusively purposes of any 
one of the successor Gram Panchayat, by that successor Gram 
Panchayat; and 
(b) if the purposes of the contract are on and from that day not 
exclusively purposes of any one of the successor Gram 
Panchayats, by all the Gram Panchayats; 
and the rights and liabilities which have accrued or may accrue, under any 
such contract, shall to the extent to which they would have been the rights 
and liabilities of the existing Gram Panchayats, be the rights and liabilities 
of the successor Gram Panchayat, or, as the case may be, the successor 
Gram Panchayats according to their population ratio. 
(vi) Where the existing Gram Panchayat is a party to any legal 
proceedings with respect to any property, rights or liabilities subject to 
apportionment under this section, the successor Gram Panchayat which 
succeeds to, or acquire a share, in that property or those rights or liabilities, 
shall he deemed to be substituted or added as a party to those 
proceedings, and the proceedings may continue accordingly. 
(vii) The benefit or burden of any assets and liabilities of the existing 
Gram Panchayat, not dealt with in the forgoing provisions of section shall, 
pass on to the successor Gram Panchayats in the manner agreed upon 
between them and in case no such agreement within a period of one year 
from the date of exclusion of the Gram Sabha area the State Government 
shall be competent to determine the same at the request of either of the 
Gram Panchayats. 
(4) If whole of the Gram Sabha area is included in an urban estate to 
which the provisions of the Punjab Municipal Act, 1911 or the Punjab, 
Municipal Corporation Act, 1976, are applicable or in a city, municipality 
cantonment, or Notified Area under any law for the time being in force, the 
Gram Sabha and the Gram Panchayat for that area shall cease to exist 
and the assets and liabilities of the Gram Panchayat shall be disposed of in 
the prescribed manner. 
Comments 
Making of Declaration — Determining the Territorial area of Gram Sabha and 
thereafter establishing a Gram Sabha for thal area is an act legislative in character in 
the context of the provisions of the Act — Such declaration became operative at once -- 
State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2002(1) Apex Court 
Judgments 149 (SC) = AIR 2002 SC 533. 
New Gram Sabha area — Creation of -- Residents of separate abadi moved the 
representation, in which, it was mentioned that their abadi/basti is one and haif 
kilometer away from the main village and as per census of 1991, the population of Basti 
    
  
 
  
  
79 THE PUNJAB PANCHAYATI RAJ ACT, 1994 
  
  
is about 225 -- No development work has been done in the Basti for the last six or 
seven years and they are very painful -- They unanimously decided thal new Gram 
Panchayat of Basti be established. so that development work could be made and alher 
difficulty could be avoided — B.0.P.0. duly endorsed the view and ihe maller was 
further examined at various levels by ihe Government -- Having completed all the codal 
formalities, the mew Sabha area was established in accordance with the provisions of 
the Act -— Held, declaration of constituting a new Gram Sabha area as contemplated uls 
3 of the Act is general in character and based on subjective satisfaction of the 
Government - Creation of new Gram Sabha is within the legislative 
competence/domain of the Government and such action cannot be assailed on 
extraneous grounds in a routine manner, unless the same is constitutionally invalid and 
illegal or against any statutory provisions of the law. Gulzar Singh and another v. Stale 
of Punjab and others, 2011(3) L-A.R. 308 (P&H). 
Notification — Notification under section 3 and 4 can be issued simultaneously -- 
State of Punjab V/s Tehal Singh 2002 (2) PLR a47(SC) = 2002(1) Apex Court 
Judgments 149 (SC) = AIR 2002 SC 533. 
Opportunity of Hearing -— Residents of the area cannot insist for giving an 
opportunity of hearing before the area where they are residing is included in another 
area -- State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2002(1) Apex Court 
Judgments 149 (SC) = AIR 2002 SC 533. 
Principle of Natural Justice = Where a house of a particular resident of an area 
is sought to be excluded from the existing Gram Sabha and included in another Gram 
Sabha — There the action of the Government being directed against an individual, the 
Government is required to observe pnnciples of natural justice — For the aforesaid 
reasons, we are of the view that no opportunity of hearing was required to be given 
before making declarations either under Section 3 or Section 4 of the Act by the 
Government -- State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2002(1) Apex 
Court Judgments 149 (SC) = AIR 2002 SC 533. 
  
  
4. Constitution of Gram Sabhas.-- (1) The State Government may, by 
notification establish a Gram Sabha by name for every area declared as 
Gram Sabha area under section 3 
(2) Every person who Is entered as voter on the electoral roll prepared 
by the State Election Commission and for the time being in force pertaining 
to the area of a Gram Sabha, shall be member of the Gram Sabha. 
Comments 
Making of Declaration — Determining the Territorial area of Gram Sabha and 
thereafter establishing a Gram Sabha for that area is an act legislative in character in 
the context of the provisions of the Act — Such declaration became operative at once -- 
State of Punjab V/s Tehal Singh 2002 (2) PLR 347(5C) = 2002(1) Apex Court 
Judgments 149 (SC) = AIR 2002 SC 533. 
New Gram Sabha area - Creation of -- Residents of separate abadi moved the 
representation, in which, it was mentioned that their abadi/basti is one and half 
kilometer away from the main village and as per census of 1991, the population of Basti 
is about 225 -- No development work has been done in the Basti for the last six of 
seven years ard they aré very painful ~ They unanimously decided that new Gram 
Panchayat of Basti be established, so that development work could be made and other 
difficully could be avoided - B.D P.O. duly endorsed the view and the mater was 
further examined al vanous levels by the Government — Having completed all the codal 
formalities, the new Sabha area was established in accordance with the provisions of 
ihe Act - Held, declaration of constituting a new Gram Sabha area as contemplated u/s 
3. of the Act is general in character and based on subjective satisfaction of the 
  
 
  
    
THE PUNJAB PANCHAYAT! RAJ ACT, 1994 +3, 
  
Government -- Creation of new Gram Sabha is within the legislatwe 
competence/damain of ihe Government and such action cannot be assailed on 
extraneous grounds in a routine manner, unless the same Is constitutionally invalid and 
illegal or against any statutory provisions of the law. Gulzar Singh and another v. State 
of Punjab and others, 2011(3) LA.R. 308 (P&H). 
Notification — Nolification under section 3 and 4 can be issued simultaneously -- 
State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2002(1) Apex Court 
Judgments 149 (SC) = AIR 2002 SC 533. 
Opportunity of Hearing -- Residents of the area cannot insist for giving an 
opportunity of hearing before the area where they are residing is included in another 
area -- State of Punjab V/s Tehal Singh 2002 (2) PLR 347(SC) = 2002(1) Apex Court 
Judgments 149 (SC) = AIR 2002 SC 533 
§. Meeting and quorum of Gram Sabha.-- (1) Every Gram Sabha shall 
hold two general meetings in each year, one in the month of December 
after the harvesting of the Sawni Crop (hereinafter called the Sawni 
meeting) and the other in the month of June after the harvesting of the Hari 
crop (hereinafter called the Hari meeting) on such date as may be fixed by 
the Sarpanch. 
(2) In the event of his failing to hold two consecutive general meetings 
of the Gram Sabha, the Sarpanch shall automatically cease to hold office, 
from the last day of the month in which, the second meeting was to be held 
and Block Development and Panchayat Officer shall immediately intimate 
the happening of such cessation to the District Development and 
Panchayat Officer and on receipt of such information the District 
Development and Panchayat Officer shall notify this fact to the Panchayat 
Samiti, Gram Sabha and such a Sarpanch. 
(3) The Director may reinstate such a Sarpanch on his showing 
sufficient cause of his default to hold two consecutive meetings within a 
period of thirty days from the date of the notification of his cessation as 
Sarpanch under sub-section (2). : 
(4) The Sarpanch should at any time, and where a requisition in writing 
of the Panchayat Samiti or of not less than one-fifth of the total number of 
members of the Gram Sabha has been received by him shall within thirty 

Excerpt shown. Open the full act in Lexace.

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