LexThe Punjab Panchayati Raj Act, 1994
Punjab · state statute
Open in Lexace · Ask the AI about this act1 THE PUNJAB PANCHAYATI RAJ ACT Punjab Act 9 of 1994 Contents SN Section 1. Short title, extent and commencement 2. Definitions CHAPTER – II GRAM SABHAS AND GRAM PANCHAYATS 3. Establishment of Gram Sabha areas 4. Constitution of Gram Sabhas 5. Meeting and quorum of Gram Sabha 6. Presiding Officer 7. Budget and annual report of Gram Sabha 8. Resolution of majority votes 9. Function of Gram Sabha 10. Constitution of Gram Panchayat 11. Reservation of the seats for the offices of the Panches 12. Reservation of seats for the office of Sarpanch 13. Oath of Panches and Sarpanches 14. Term of office of Sarpanch and Panch 15. Term of office of Gram Panchayat 16. Powers, functions and duties of Sarpanch 17. Resignation of Sarpanch 18. Resignation of Panches 19. No-Confidence motion against Sarpanch 20. Suspension and removal of Panch and Sarpanch 21. Cessation from office of Sarpanch or Panch 22. Filling of casual vacancies of Sarpanch and Panches 23. Meeting of Gram Panchayat 24. Quorums and Procedure 25. Standing Committees of Gram Panchayats 26. Constitution of panchayat Secretaries Service 27. Other employees of the Gram Panchayats 2 28. Provident Fund and gratuity for servants 29. Dissolution of Gram Panchayat CHAPTER – III FUNCTIONS, POWERS AMD DUTIES OF GRAM PANCHAYATS 30. Functions of Gram Panchayats 31. Assignment of functions of Gram Panchayats 32. Special functions of Gram Panchayat 33. Delegated functions of Gram Panchayats 34. Power to require removal of encroachments and nuisance 35. Power of Gram Panchayat to make general order 36. Penalty for disobedience of special or general order of the Gram Panchayat 37. Appeal against orders of Gram Panchayat 38. power to enquire and make report about misconduct of petty officials 39. Supervision of patwaris 40. Power to introduce prohibition 41. Power to make Bye-laws 42. Power of entry and Inspection 43. Power regarding naming of streets and numbering of buildings CHAPTER – IV JUDICIAL FUNCTIONS OF GRAM PANCHAYATS 44. Powers and jurisdiction of Gram Panchayat over criminal offences 45. Transfer of proceedings 46. Exclusion of certain case 47. Cognizance of criminal cases 48. Action on complaint 49. Power of Gram Panchayat to refuse to entertain criminal case 50. Proceeding on failure of the accused to appear 51. Prompt disposal of criminal cases 52. Punishment. A Gram Panchayat may on conviction 53. Compensation 3 54. Conviction by Gram Panchayat not Previous Conviction 55. Supervision of Criminal proceedings by Chief Judicial Magistrate 56. Civil, revenue and judicial powers 57. Gram Panchayat to he deemed to be civil or revenue court 58. Limits to jurisdiction 59. Transfer of suits 60. Exclusion of Gram Panchayat jurisdiction 61. Limitation 62. Institution of suits 63. Wrong institution of suits 64. Summary dismissal 65. Necessary Parties in suits 66. Summons 67. Dismissal in default and restoration 68. Ex pane decision 69. Final decision 70. Supervision 71. Supervisions of the Code of Criminal Procedure, 1973, and the Code of Civil Pro cedure, 1908 to apply only where provided 72. Bar to Personal interests 73. Compromise and decision on oath 74. Bar to legal practitioners 75. Appearance of agents 76. Difficulties in respect of having no jurisdiction 77. Attendance witnesses 78. Processes 79. Transfer application 80. Stay of proceedings 81. Payment by installments 82. Finality of decisions 83. Custody of money 4 84. Contempt of Court CHAPTER – V PROPERTY, FUNDS, FINANCE AND ACCOUNTS OF GRAM PANCHAYATS 85. Property of Gram Panchayat 86. Gram Panchayat Fund 87. Custody and maintenance of Gram Panchayat records properties 88. Taxation measures by Gram Panchayat 89. Financial assistance to Gram Panchayats 90. Power to exempt from taxes and to write off irrecoverable amounts 91. Expenses of Gram Panchayats 92. Recovery of dues as arrears of revenue 93. Power of Gram Panchayat to borrow 94. Special tax and Community Service 95. Budget of Gram Panchayat 96. Accounts of Gram Panchayat 97. Audit of Accounts of Gram Panchayats CHAPTER – VI CONSTITUTION OF PANCHAYAT SAMITIS AND CONDUCT OF THEIR BUSINESS 98. Establishment of Panchayat Samitt 99. Composition of Panchayat Samitis 100. Determination of number of directly elected members of Panchayat Samitis 101. Delimitation of Territorial constituencies 102. Reservation of seats of Panchayat Samitis 103. Duration of Panchayat Samiti 104. Notification of election and Oath of allegiance by members of Panchayat Samitis 105. Elections of Chairman and Vice-Chairman and term of office 106. Reservation for the offices of Chairmen Vice-Chairmen of Panchayat Samitis 107. Rotation of reserved seats and offices after each Census 108. Allowances to Chairman, Vice-Chairman and other members of Panchayat Samitis 5 109. Powers, functions and duties of Chairman of Panchayat Samitis 110. Extraordinary Powers of Chairman and executive Officer of Panchayat Samitis 111. Powers, Function of Vice- Chairman of Panchayat Samitis 112. Resignation or removal of Chairman and Vice- Chairman of Panchayat Samiti 113. Suspension and removal of members of Panchayat Samitis 114. Dissolution of Panchayat Samiti 115. Filling of casual vacancies of member, Chairman and Vice Chairman of Panchayat Samiti 116. Meeting of Panchayat Samiti 117. Defect or irregularity not to vitiate proceedings of Panchayat Samiti 118. Executive Powers of Panchayat Samitis 119. Functions and duties of Panchayat Samiti 120. Entrustment of functions to Panchayat Samitis 121. Relationship of Panchayat Samiti with Gram Panchayat 122. Power of Panchayat Samiti to make bye-laws 123. Penalty for infringement of bye-laws 124. Penalty for disobedience orders of Panchayat Samiti 125. Compensation for damage 126. Penalty for obstructions 127. Prosecution 128. Payment of compensation 129. Power to recover sums of money claimable by Panchayat Samiti 130. Power of Panchayat Samiti to delegate 131. Joint work and undertakings 132. Acquisition of land and other immovable property 133. Procedure when acquisition by agreement not possible 134. Standing Committees of Panchayat Samiti 135. Functions of General Standing Committee of Panchayat Samiti 136. Procedure of Standing Committees of Panchayat Samitis 6 137. Power of Panchayat Samiti to acquire hold and dispose of property 138. Panchayat Samiti Fund 139. Vesting, custody and investme nt of Panchayat Samiti Fund 140. Application of Panchayat Samiti Fund 141. Minimum balance in Panchayat Samiti Fund 142. Annual Estimates of income and expenditure 143. Audit of Accounts of Panchayat Samitis 144. Inspection of Budget and Accounts of Panchayat Samiti 145. Publication of abstract of account of Panchayat Samitis 146. The Local Rate 147. Liability of local rate 148. Appropriation of the proceeds of local rate 149. Fixation measures by Panchayat Samitis 150. Procedure for imposing taxes under Section 149 151. Power of Panchayat Samiti in to raise loans 152. Expenses of Panchayat Samiti 153. Recovery of rates, taxes etc 154. Appointment of Executive Officer and his functions 155. Employment of Staff and Panchayat Samitis 156. Punishment and dismissal of employees of Panchayat Samitis 157. State Government employees to be placed at the disposal of Panchayat Samitis 158. Government Employees Conduct Rules to apply to employees of Panchayat Samitis 159. Employees of Panchayat Samiti not to be concerned in contracts 160. Employees etc. to be public servants CHAPTER – VII CONSTITUTION OF ZILA PARISHADS AND CONDUCT OF THEIR BUSINESS 161. Establishment of Zila Parishads 162. Composition of Zila Parishad 163. Determination of number of directly elected members of Zila Parishads 7 164. De-limitation of Territorial Constituencies of Zila Parishads 165. Reservation of seats of Zila Parishads 166. Duration of Zila Parishads 167. Notification'hf election and oath of &Ue~ce by Member of Zfla Padshad 168. Election of Chairman and Vice-Chairman of Zila Parishad 169. Reservation of offices of Chairmen and Vice-Chairmen of Parishads 170. Rotation of reserved seats and offices after each Census 171. Allowances to the Chairmen and Vice Chairmen and Member of Zila Parishad 172. Powers functions and duties of the Chairmen and Vice- Chairmen of Zila Parishads 173. Extraordinary powers of Chairman and Chief Executive Officer of Zila Parishad 174. Resignation of Chairmen and Vice-Chairmen of Zila Parishads 175. No-confidence motion against Chairman and Vice- Chairman, of Zila Parishad 176. Resignation of members of Zila Parishad 177. Filling of casual vacancies 178. Dissolution of Zila Parishads 179. Meetings of Zila Parishads 180. Functions of Zila Parishads 181. Duties and powers of Zila Parishad 182. Assignment of functions of Zila Parishad 183. Power of Zila Parishad delegate 184. Standing Committee of Zila Parishads 185. Functions of the Standing Committee of Zila Parishad 186. Procedure of standing committees Zila Parishads 187. Power of Zila Parishads to acquire, hold and dispose of property 188. Zila Parishad Fund 189. Taxation measure by Zila Parishad 190. Financial arrangement by Zila Parishads 191. Recovery of rates, taxes etc 8 192. Budget of Zila Parishad 193. Account of Zila Parishads 194. Audit of Accounts of Zila Parishads 195. Chief Executive Officer and Officer of Zila Parishads 196. Staff of the Zila Parishad 197. Functions of Chief Executive Officer of Zila Parishad 198. Recovery of money by Chief Executive Officer of Zila & Parishad CHAPTER – VIII CHAR CONTROL AND SUPERVISION 199. Power to cancel or suspend resolutions of Panchayat 200. Default of duties by the Panchayats 201. Power to call for proceedings of Panchayat 202. Emergency powers of the State Government 203. Access to or seizure of record of Panchayats 204. Power to issue directions 205. Inquiry into affairs of Panchayats 206. Right of State Government Officers to attend meetings of Panchayats 207. General powers of State Government and Commissioners CHAPTER – IX MISCELLANEOUS 208. Disqualification for Membership 209. Power of State Government to direct holding of general elections 210. Election Commission to conduct Panchayat 211. Continuation of existing Panchayats 212. Existing institutions to conti nue till new institutions are established 213. Election to he held within six months where Panchayat is not functioning 214. District Planning Committees 215. Disputes between Panchayats and other bodies 216. Liability of members of Panchayat 217. Right of appeal of employees 9 218. Protection of action in good faith 219. Authentication of orders etc. 220. Relation of Panchayat with police 221. Delegation of powers 222. Over-riding effect on other laws. 223. Power to remove difficulties 224. Panchayats to be local authorities 225. Power of Panchayats to make regulations 226. Power of State Government to make/Model regulations 227. Power to make Rules 228. Repeal and Savings Notification No. 9-Leg/94 – The Following Act of the Legisl ature of the State of Punjab received the assent of the Pres ident of India on 20 th April, 1994, and is here by published for general information: - The Punjab Panchayati Raj Act (Punjab Act No 9 of 1994) An Act to replace the Punjab Gram Panchayat Act, 1992, relating to Gram Panchayats, and the Punjab Panchayat Samitis and Zila Parishads Act, 1961, relating to the Panchayat Samities and Zila Parishads by a comprehensive new enactment; Whereas it is expedient to replace th e present enactments by a comprehensive new enactment to establish a three-tier Pancha yati 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 gr eater participation of the people and more effective implementation of rural development and Panchayati Raj system. Be it enacted by the State Legislature of th e State of Punjab in the forty-fifth year of the Republic of India as follows: - 1. Short title, extent and commencement. (1) This Act may be called the Punjab Panchayati Raj Act, 1994. (2) (2) It extends to the whole of the State of Punjab. 10 (3) (3) It shall come into force on such date as the State Government may, by notification, in the Official Gazette, appoint. CHAPTER – I 2. Definitions. In this Act, unless the context otherwise requires - (a) (a) “annual value” means – (i) (i) double the land revenue for the time being assessed on any land, whether the assessment is leviable or not; or (ii) (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) (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 th e 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 distri ct 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 included a ny other officer appoi nted 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, comme rce 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 habita tion or otherwise and whether of masonry, brick, wood, mud, tha5tch, metal or any other material whatever, and includes a wall and a well; (g) “bye-laws” means bye-laws made by a Gram Panchayat, or a Panchayat Samiti or a Zila Parishad under this Act; (h) “Chairman or Vice-Chairman” means th e Chairman or the Vice-Chairman of a Panchayat Samiti or a Zila Parishad, as the case may be; (i) “Chief Executive Officer” means Chief Executive Officer of a Zila Parishad appointed under this Act; 11 (j) “Collector” means the Collector of a district and includes any officer not below the rank of a District Developm ent and Panchayat Officer specially appointed by the State Government to perform the functions of a Collector under this Act; (k) “Commissioner” means the Divisional Commissioner or such other officer as may be appointed by the State Govern ment to exercise the powers of a Commissioner under this Act; (l) “Common land” means land which is not in the exclusive use of any individual and has by usag e, custom or prescription been reserved for the common purposes of village community or has been acquired for such purposes; (m) “casual vacancy” means a vacancy occurring otherwise than by efflux of time; (n) “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; (o) “Deputy Commissioner” means the De puty 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; (p) “Deputy Director” means an Officer appointed by the State Government to perform the functions of a Deputy Director under the Act; (q) “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 ot perform the functions of the Director; (r) “District” means a revenu e District in the State; (s) “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; (t) “Election Commissioner” means th e Election Commissi on constituted under Article 243-K of the Constitution of India for the State of Punjab; (u) “Erection or Re-erection or Enla rgement” of any building includes- (i) (i) any material alteration or enlargement of any building; (ii) (ii) the conversion, by structural alteration, into a place of human habitation of any building not originally constructed for human habitation; (iii) (iii) the conversion of two or more places of human habitation into a lesser number of such places; (iv) (iv) the conversion of one or more places of human habitation into a greater number of such places; 12 (v) (v) such alteration of a building as would effect a change in the drainage or sanitary arrange ments or materially affect its security; (vi) (vi) the addition of any rooms, bu ildings, out-houses or their structures to any building; (vii) (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 bu9ilding not originally meant or constructed for such purpose; (viii) (viii) roofing or covering an open space between walls or buildings, in respect of the struct ure which is formed by roofing or covering such space; (ix) (ix) conversion into a stall, shop, warehouse or godown of any building not originally constructed for use as such or vice versa; (x) (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; (v) “Executive Officer” means an Executive Officer of a Panchayat Samiti constituted under this Act; (w) “existing law” means the Punjab Gram Panchayat Act, 1952 (Punjab Act4 of 1953) or the Punjab Panchayat Samitis and Zila Parishad Act, 1961 (Punjab Act 3 of 1961) as the case may be; (x) “Factory” means besides a factory as de fined 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 any other form of power wh ich is mechanically transmitted and is not generated by human or animal agency; (y) “Gram Sabha” means a body consisting of persons registered as voters in the electoral rolls of the area of the Gram Panchayat, constituted under Section 3 of this Act; (z) “Gram Sabha area” means terr itorial area of a Gram Sabha; (za) “Gram Panchayat” means an institution of self-government for a Gram Sabha area constituted under Section 9; (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 paym ent 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, 13 Notified Area Committee, Improvement Trus t, 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 periodic ally at least f our shops, stalls or shed s 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 Gr am 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; (zi) "Panchayat Samiti" means a Panchayat Samiti constituted for a Block under this Act; (zm) "Panchayat Secretary" means the Secr etary of the Gram Panchayat appointed under this Act; (zn) "Population" means the popu lation 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 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 a 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, st reet, bridge, lane, squa re, 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 ove r such side of any of any verandah or other superstructure; (zt) "Sarpanch" means Sarpanch of the Gram Panchayat elected under Section 10 of the this Act; (zu) “Schedule” means a Schedul ed appended to this Act; 14 (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 force; (zw) "Social Education and Panchayat Offi cer" means Social Education and Panchayat officer and include an officer appointed by the State Government to perform the functions of a 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-i n-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 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 irrigators and is supplied with water from any canal to which either the Northern India Canal and Drainage Act, 1873 or the Punjab Minor Ca nals Act, 1905 or any other Act for the time being inforce 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 a district constituted under this Act; (zze) the expressions “offence”, “non-b ailable 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”, “judg ment-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 defi ned 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. NOTES Village – The word village by and large synonymous with revenue estate. Through word ‘village’ use in singular it will also mean ‘villa ges’ when read in relevant context. An area recorded as revenue estate in revenue reco rds of a district can only be called village. Area not recorded as revenue estate cannot be called a village and cannot be independently declared as a Sabha area. Local area not recorded as a revenue estate, does not fall within definition of village. 15 Public Street – Pathway is included in term ‘Public Street’ – Gram Panchayat has jurisdiction to order removal of encroachment from such public street. So long as public has a right to use the Blind alley, the same is covered by definition of “public street”. Distinction Between Common Land and Public Place. – The expression common land refers to every kind of land reserved fo r common purposes of village community or acquired for such purposes but not in the exclusive possession of any particular individual. In order that a place falling within the definition of expression common land may be covered by covered by the definition of public place the additional requisite of its so falling within the scope of the latter as to the public in general having free access to it has to be satisfied. Public place may be covered by the definition of common land but every piece of common land is not a public place. It is only in respect of those places of land, which not only satisfy the test of sine qua non of the definition of the public place of free access to such land by public in genera l that the place could be covered by the definition of public place. Unless it is show n on behalf of the Gram Panchayat that the site in dispute is a public place, the Gr am Panchayat has no jurisdiction to proceed against a person on the ground of the site in dispute being the public place. In other words, existence of public pl ace is a condition precedent for exercise of jurisdiction by the Gram Panchayat. CHAPTER – II 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 two hundred to constitute a Gram Sabha area: Provided that a new Gram Sabha area may be constituted for any village or group of contiguous villages in respect of a separate distinct abadi or group of abadis having a population of not less than two hundred taking into consideration its physical distance from the main village or villages, as the case may be and other relevant facts: Provided further that neither the whole nor any part of – (a) (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) (b) a Cantonment; or (c) (c) a Municipality of any class., or (d) (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 &&c assets and liabilities, if any, of the Notified Area Committee or the Municipal Committee, as the, base may be, shall vest in the Gram Panchayat of that 16 Gram Sabha and the Notified Area Committee or the Municipal Committee shall cease to exist. (2) That State Government may, by notifi cation, 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 1,9 constituted Into a new Gram Sabha area, the assets and liabilities of the Grain Panchayat of the Gram Sabha area from which such area is so excluded (hereinafter referred to as the exis ting 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, Bank 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 ar ea of any of the successor Gram Panchayats shall be transferred to that successor Gram Panchayat. (iv) The right to recover arrears of ally tax on pr operty shall belong to the successor Gram Panchayat in whose Gram 5a bha area the property is situated and the right to recover any other tax Imposed by the existing 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 exclusi on 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) (a) if the purposes of the contract are on and front the day of exclusion of the Gram Sabha area, exclusively purposes of any one of the successor Gram Panchayat, by that successor Gram Panchayat; and . (b) (b) if the purposes of the contract are on and from that day not exclusively Purposes of any one of the successo r 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 w ould 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. 17 (vi) where the existing Gram Panchayat is a party to any lega l proceedings with respect to any property, rights or liabil ities subject to apportionment under this section, the successor Gram Panchayat whic h 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 asse ts 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 manne r agreed upon between them and in case no such agreement within a period of one y ear from the date of exclusion of the Gram Sabha area the State Government sh all 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 cantonmen t, or Notified Area under any law for the time being in force, the Gram Sa bha and the Gram Panchayat for that area shall cease to exist and the assets and liabiliti es of the Gram Panchayat shall be disposed of in the prescribed manner. 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. 5. 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 meet ing) and the other In the month of June after the harvesting of the Hari crop (hereinaft er 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 c ease 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 intima te 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. 18 (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-fifty of the total number of members of the Gram Sabha has been received by him shall with in thirty days form the receipt of such requisition, call an extraordinary general meeting of the Gram Sabha. (5) If a general meeting or an extraordinary general meeting is not called as required by sub-section (1) and (4), the Execu tive Officer of the Panchayat Samiti shall call such a meeting. (6) For any meeting of the Gram Sabha, one-fifth of the total number of its members shall form a quorum: Provided that in the case of an adjour ned meeting the quorum shall be one-tenth and the provisions of this sub-section shall not apply ot any other meeting of the Gram Sabha held due to adjournment for want of knowledge. (7) The Secretary of the Gram Pancha yat and the Gram Sewak shall attend every general meeting of the Gram Sabha an din addition thereto the Gram Panchayat may call any village functionary serving in Gram Sabha area to attend such a meeting and tender advice in respect of any matter coming up before it. 6. Presiding Officer. Every meeting of the Gram Sabha shall be presided over by the Sarpanch of the Gram Panchayat and in hi s absence by any Panch to be elected at the time of the meeting. 7. Budget and annual report of Gram Sabha. The Gram Panchayat shall prepare and lay for approval before the Gram Sabha - (i) (i) at its Sawni meeting a budget estimates of its income and expenditure and a plan of deve lopment programme for the year commencing on the first day of April, next following; and (ii) (ii) at its Hari meeting an annual statement of account and an annual report of progress of preceding fi nancial year and development programme proposed to be undertaken during the current year: Provided that if a Gram Panchayat fa ils to present its budget or plan of development programme in the meeting to be held in December the Panchayat Samiti shall prepare the budget and the said plan fo r such Gram Panchayat and present the same before an extraordinary general meeting of the Gram Sabha specially called for this purpose and the Gram Sabha shall consider the budget and the plan so prepared and presented. 8. Resolution of majority votes. Any resolution relating to the matters entrusted to the Gram Sabha under this Act, shall have to be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha. 19 9. Function of Gram Sabha. The Gram Sabha shall perform the following functions, namely: - (a) (a) to approve annual budget and plan of development programme and review annual statement of accounts and annual progress report; (b) (b) to render assistance In the implementation of development schemes pertaining to the (c) (c) to Identify beneficiaries for the Implementation to development schemes pertaining to the. Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable time, the Gram Panchayat shall identify the beneficiaries. (d) (d) to mobilise voluntary labour and contributions in kind or cash or both for the community welfare programmes; (e) (e) to promote programme of adult education and family welfare with- In the (f) (f) to promote unity and harm ony among an sections of society In the village; (g) (g) to seek clarifications from the Sarpanch and Panches of the Gram Panchayat about any par ticular activity, scheme, income and expenditure; and (h) (h) to perform such other functions as may be prescribed. 10. Constitution of Gram Panchayat. (1) Every Gram Sabha shall elect from amongst its members a Gram Panchayat for the Gram Sabha area bearing the name of its Gram Sabha and consisting of a Sarpanch and such number of Panches as indicate below against each slab of population taking Gr am Sabha to be a multi-member single constituency, namely: - SN Population Number of Panches 1. 1. For population exceeding 200 but not exceeding 1,000 Five 2. 2. For population exceeding 1,000 but not exceeding 2,000 Seven 3. 3. For population exceeding 2,000 but not exceeding 5,000 Nine 4. 4. For population exceeding 5,000 but not ex ceding 10,000 Eleven 5. 5. For population exceeding 10,000 Thirteen 20 (2) Every Gram Panchayat constituted unde r this section shall be notified by Its name In the Official Gazettee and It shall by the name so notified come office with effect from the date of its first meeting at which quorum Is present and be a body corporate having perpetual succession a nd a common seal, and subject to any restriction by or under this Act or any other law, shall have power to acquire, hold, administer and transfer property movable or Immovable, and to enter into contracts and shal l by the said name sue and be sued. 11. Reservation of the seats fo r the offices of the Panches. (1) The offices of Panches shall be reserved for the Schedules Castes (and Backward Classes) in such a way that the number of offices reserved for Schedul ed Castes shall bear, as nearly as may be, the same proportion to the total number of offices (to be filled by direct election) in that Gram Panchayat, as the population of the Schedu les Castes to the tota l population in that Gram Sabha area. (2) Not less than one-third of the tota l number of offices reserved under sub0- section (1) shall be reserved for women belonging to the Schedules Castes. (3) Not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes) of the tota l number of offices (to be filled by direct election) in every Gram Panchayat shall he reserved for women. (4) One office of Panch shall be reserv ed for Backward Classes In a Gram Panchayat where population of Backward Classe s In the Gram Sabha area is more than twenty per cent of the total population of that Gram Sabha area. 12. Reservation of seats for the office of Sarpanch. (1) Offices of Sarpanch of Gram Panchayats in the district shall be reserved for Scheduled Castes and the number of such offices shall bear, as nearly as ma y, the same proportion to the total number of offices of Sarpanches in the district as the population of Scheduled Ca stes in the district bears to the total population of the district: Provided that not less than one-third of the total number of offices of Sarpanch of Gram Panchayats In the distri ct shall be reserved for wo men belonging to the Scheduled Castes. (2) Not less than one-third of the total number of offices of Sarpanches in the district shall be reserved for women in cluding such offices, reserved for women belonging to Scheduled Castes under sub-section (1). (3) There shall be no reservation in the offices of Sarpanches for Back- ward Classes. (4) The offices reserved under this sect ion shall be allotted by rotation to the different Gram Panchayats in such manner as may be, prescribed. Explanation - For the removal of doubts it is here by declared that the principle of rotation for the purpose of rese rvation of offices under sections 2 and 12 shall commence from the first election to be held after the commencement of this Act. 21 13. Oath of Panches and Sarpanches. After having been elected and before entering upon the duties of his office, a Panch as well as a Sarpanch shall take an oath as specified In Schedule 1 and in the manner prescribed. 14. Term of office of Sarpanch and Panch. Term of offices of Sarpanch and Panch of a Gram Panchayat shall, have as otherwise prov iding in this Act, co-terminate with the term of the Gram Panchayat. 15. Term of office of Gram Panchayat. (1) Every Gram Pancha yat unless dissolved earlier under this Act, shall continue for a term of five years from the date of its first meeting. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Gram Panchayat whic h Is functioning immediately before such amendment, till the expiration of its duration specified in sub-section (1). (3) An election to constitute a Gram Panchayat shall be completed- (a) (a) before the expiration of term of Its duration specified in sub-section (1); (b) (b) before the expiry of period of six mouths from the date of its dissolution: Provided that where the remainder of the pe riod for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clau
Excerpt shown. Open the full act in Lexace.