THE PUNJAB PANCHAYATI RAJ ACT
Punjab Act 9 of 1994
Contents
SN
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Section
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1.
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Short title, extent and commencement
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2.
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Definitions
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CHAPTER – II
GRAM SABHAS AND GRAM PANCHAYATS
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3.
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Establishment of Gram Sabha areas
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4.
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Constitution of Gram Sabhas
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5.
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Meeting and quorum of Gram Sabha
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6.
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Presiding Officer
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7.
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Budget and annual report of Gram Sabha
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8.
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Resolution of majority votes
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9.
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Function of Gram Sabha
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10.
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Constitution of Gram Panchayat
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11.
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Reservation of the seats for the offices of the Panches
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12.
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Reservation of seats for the office of Sarpanch
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13.
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Oath of Panches and Sarpanches
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14.
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Term of office of Sarpanch and Panch
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15.
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Term of office of Gram Panchayat
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16.
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Powers, functions and duties of Sarpanch
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17.
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Resignation of Sarpanch
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18.
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Resignation of Panches
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19.
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No-Confidence motion against Sarpanch
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20.
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Suspension and removal of Panch and Sarpanch
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21.
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Cessation from office of Sarpanch or Panch
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22.
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Filling of casual vacancies of Sarpanch and Panches
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23.
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Meeting of Gram Panchayat
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24.
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Quorums and Procedure
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25.
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Standing Committees of Gram Panchayats
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26.
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Constitution of panchayat Secretaries Service
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27.
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Other employees of the Gram Panchayats
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28.
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Provident Fund and gratuity for servants
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29.
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Dissolution of Gram Panchayat
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CHAPTER – III
FUNCTIONS, POWERS AMD DUTIES OF GRAM PANCHAYATS
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30.
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Functions of Gram Panchayats
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31.
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Assignment of functions of Gram Panchayats
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32.
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Special functions of Gram Panchayat
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33.
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Delegated functions of Gram Panchayats
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34.
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Power to require removal of encroachments and nuisance
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35.
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Power of Gram Panchayat to make general order
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36.
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Penalty for disobedience of special or general order of the Gram Panchayat
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37.
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Appeal against orders of Gram Panchayat
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38.
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power to enquire and make report about misconduct of petty officials
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39.
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Supervision of patwaris
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40.
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Power to introduce prohibition
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41.
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Power to make Bye-laws
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42.
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Power of entry and Inspection
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43.
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Power regarding naming of streets and numbering of buildings
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CHAPTER – IV
JUDICIAL FUNCTIONS OF GRAM PANCHAYATS
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44.
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Powers and jurisdiction of Gram Panchayat over criminal offences
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45.
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Transfer of proceedings
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46.
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Exclusion of certain case
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47.
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Cognizance of criminal cases
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48.
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Action on complaint
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49.
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Power of Gram Panchayat to refuse to entertain criminal case
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50.
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Proceeding on failure of the accused to appear
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51.
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Prompt disposal of criminal cases
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52.
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Punishment. A Gram Panchayat may on conviction
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53.
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Compensation
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54.
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Conviction by Gram Panchayat not Previous Conviction
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55.
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Supervision of Criminal proceedings by Chief Judicial Magistrate
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56.
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Civil, revenue and judicial powers
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57.
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Gram Panchayat to he deemed to be civil or revenue court
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58.
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Limits to jurisdiction
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59.
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Transfer of suits
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60.
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Exclusion of Gram Panchayat jurisdiction
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61.
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Limitation
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62.
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Institution of suits
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63.
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Wrong institution of suits
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64.
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Summary dismissal
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65.
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Necessary Parties in suits
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66.
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Summons
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67.
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Dismissal in default and restoration
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68.
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Ex pane decision
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69.
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Final decision
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70.
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Supervision
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71.
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Supervisions of the Code of Criminal Procedure, 1973, and the Code of Civil Procedure, 1908 to apply only where provided
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72.
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Bar to Personal interests
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73.
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Compromise and decision on oath
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74.
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Bar to legal practitioners
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75.
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Appearance of agents
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76.
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Difficulties in respect of having no jurisdiction
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77.
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Attendance witnesses
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78.
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Processes
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79.
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Transfer application
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80.
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Stay of proceedings
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81.
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Payment by installments
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82.
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Finality of decisions
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83.
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Custody of money
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84.
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Contempt of Court
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CHAPTER – V
PROPERTY, FUNDS, FINANCE AND ACCOUNTS OF GRAM PANCHAYATS
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85.
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Property of Gram Panchayat
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86.
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Gram Panchayat Fund
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87.
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Custody and maintenance of Gram Panchayat records properties
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88.
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Taxation measures by Gram Panchayat
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89.
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Financial assistance to Gram Panchayats
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90.
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Power to exempt from taxes and to write off irrecoverable amounts
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91.
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Expenses of Gram Panchayats
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92.
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Recovery of dues as arrears of revenue
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93.
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Power of Gram Panchayat to borrow
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94.
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Special tax and Community Service
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95.
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Budget of Gram Panchayat
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96.
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Accounts of Gram Panchayat
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97.
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Audit of Accounts of Gram Panchayats
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CHAPTER – VI
CONSTITUTION OF PANCHAYAT SAMITIS AND CONDUCT OF THEIR BUSINESS
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98.
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Establishment of Panchayat Samitt
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99.
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Composition of Panchayat Samitis
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100.
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Determination of number of directly elected members of Panchayat Samitis
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101.
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Delimitation of Territorial constituencies
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102.
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Reservation of seats of Panchayat Samitis
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103.
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Duration of Panchayat Samiti
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104.
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Notification of election and Oath of allegiance by members of Panchayat Samitis
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105.
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Elections of Chairman and Vice-Chairman and term of office
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106.
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Reservation for the offices of Chairmen Vice-Chairmen of Panchayat Samitis
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107.
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Rotation of reserved seats and offices after each Census
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108.
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Allowances to Chairman, Vice-Chairman and other members of Panchayat Samitis
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109.
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Powers, functions and duties of Chairman of Panchayat Samitis
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110.
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Extraordinary Powers of Chairman and executive Officer of Panchayat Samitis
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111.
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Powers, Function of Vice-Chairman of Panchayat Samitis
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112.
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Resignation or removal of Chairman and Vice-Chairman of Panchayat Samiti
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113.
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Suspension and removal of members of Panchayat Samitis
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114.
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Dissolution of Panchayat Samiti
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115.
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Filling of casual vacancies of member, Chairman and Vice Chairman of Panchayat Samiti
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116.
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Meeting of Panchayat Samiti
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117.
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Defect or irregularity not to vitiate proceedings of Panchayat Samiti
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118.
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Executive Powers of Panchayat Samitis
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119.
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Functions and duties of Panchayat Samiti
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120.
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Entrustment of functions to Panchayat Samitis
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121.
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Relationship of Panchayat Samiti with Gram Panchayat
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122.
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Power of Panchayat Samiti to make bye-laws
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123.
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Penalty for infringement of bye-laws
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124.
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Penalty for disobedience orders of Panchayat Samiti
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125.
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Compensation for damage
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126.
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Penalty for obstructions
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127.
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Prosecution
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128.
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Payment of compensation
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129.
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Power to recover sums of money claimable by Panchayat Samiti
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130.
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Power of Panchayat Samiti to delegate
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131.
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Joint work and undertakings
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132.
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Acquisition of land and other immovable property
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133.
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Procedure when acquisition by agreement not possible
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134.
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Standing Committees of Panchayat Samiti
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135.
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Functions of General Standing Committee of Panchayat Samiti
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136.
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Procedure of Standing Committees of Panchayat Samitis
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137.
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Power of Panchayat Samiti to acquire hold and dispose of property
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138.
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Panchayat Samiti Fund
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139.
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Vesting, custody and investment of Panchayat Samiti Fund
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140.
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Application of Panchayat Samiti Fund
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141.
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Minimum balance in Panchayat Samiti Fund
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142.
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Annual Estimates of income and expenditure
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143.
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Audit of Accounts of Panchayat Samitis
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144.
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Inspection of Budget and Accounts of Panchayat Samiti
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145.
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Publication of abstract of account of Panchayat Samitis
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146.
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The Local Rate
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147.
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Liability of local rate
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148.
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Appropriation of the proceeds of local rate
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149.
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Fixation measures by Panchayat Samitis
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150.
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Procedure for imposing taxes under Section 149
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151.
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Power of Panchayat Samiti in to raise loans
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152.
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Expenses of Panchayat Samiti
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153.
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Recovery of rates, taxes etc
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154.
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Appointment of Executive Officer and his functions
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155.
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Employment of Staff and Panchayat Samitis
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156.
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Punishment and dismissal of employees of Panchayat Samitis
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157.
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State Government employees to be placed at the disposal of Panchayat Samitis
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158.
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Government Employees Conduct Rules to apply to employees of Panchayat Samitis
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159.
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Employees of Panchayat Samiti not to be concerned in contracts
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160.
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Employees etc. to be public servants
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CHAPTER – VII
CONSTITUTION OF ZILA PARISHADS AND CONDUCT OF THEIR BUSINESS
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161.
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Establishment of Zila Parishads
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162.
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Composition of Zila Parishad
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163.
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Determination of number of directly elected members of Zila Parishads
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164.
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De-limitation of Territorial Constituencies of Zila Parishads
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165.
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Reservation of seats of Zila Parishads
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166.
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Duration of Zila Parishads
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167.
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Notification'hf election and oath of &Ue~ce by Member of Zfla Padshad
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168.
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Election of Chairman and Vice-Chairman of Zila Parishad
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169.
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Reservation of offices of Chairmen and Vice-Chairmen of Parishads
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170.
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Rotation of reserved seats and offices after each Census
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171.
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Allowances to the Chairmen and Vice Chairmen and Member of Zila Parishad
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172.
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Powers functions and duties of the Chairmen and Vice-Chairmen of Zila Parishads
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173.
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Extraordinary powers of Chairman and Chief Executive Officer of Zila Parishad
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174.
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Resignation of Chairmen and Vice-Chairmen of Zila Parishads
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175.
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No-confidence motion against Chairman and Vice-Chairman, of Zila Parishad
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176.
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Resignation of members of Zila Parishad
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177.
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Filling of casual vacancies
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178.
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Dissolution of Zila Parishads
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179.
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Meetings of Zila Parishads
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180.
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Functions of Zila Parishads
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181.
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Duties and powers of Zila Parishad
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182.
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Assignment of functions of Zila Parishad
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183.
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Power of Zila Parishad delegate
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184.
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Standing Committee of Zila Parishads
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185.
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Functions of the Standing Committee of Zila Parishad
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186.
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Procedure of standing committees Zila Parishads
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187.
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Power of Zila Parishads to acquire, hold and dispose of property
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188.
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Zila Parishad Fund
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189.
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Taxation measure by Zila Parishad
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190.
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Financial arrangement by Zila Parishads
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191.
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Recovery of rates, taxes etc
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192.
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Budget of Zila Parishad
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193.
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Account of Zila Parishads
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194.
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Audit of Accounts of Zila Parishads
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195.
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Chief Executive Officer and Officer of Zila Parishads
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196.
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Staff of the Zila Parishad
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197.
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Functions of Chief Executive Officer of Zila Parishad
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198.
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Recovery of money by Chief Executive Officer of Zila & Parishad
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CHAPTER – VIII
CHAR CONTROL AND SUPERVISION
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199.
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Power to cancel or suspend resolutions of Panchayat
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200.
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Default of duties by the Panchayats
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201.
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Power to call for proceedings of Panchayat
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202.
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Emergency powers of the State Government
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203.
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Access to or seizure of record of Panchayats
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204.
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Power to issue directions
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205.
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Inquiry into affairs of Panchayats
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206.
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Right of State Government Officers to attend meetings of Panchayats
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207.
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General powers of State Government and Commissioners
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CHAPTER – IX
MISCELLANEOUS
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208.
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Disqualification for Membership
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209.
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Power of State Government to direct holding of general elections
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210.
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Election Commission to conduct Panchayat
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211.
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Continuation of existing Panchayats
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212.
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Existing institutions to continue till new institutions are established
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213.
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Election to he held within six months where Panchayat is not functioning
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214.
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District Planning Committees
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215.
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Disputes between Panchayats and other bodies
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216.
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Liability of members of Panchayat
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217.
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Right of appeal of employees
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218.
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Protection of action in good faith
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219.
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Authentication of orders etc.
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220.
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Relation of Panchayat with police
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221.
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Delegation of powers
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222.
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Over-riding effect on other laws.
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223.
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Power to remove difficulties
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224.
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Panchayats to be local authorities
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225.
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Power of Panchayats to make regulations
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226.
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Power of State Government to make/Model regulations
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227.
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Power to make Rules
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228.
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Repeal and Savings
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Notification
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: -
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 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: -
1. 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.
CHAPTER – I
2. Definitions. In this Act, unless the context otherwise 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 included 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, 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 the 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;
(j) “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;
(k) “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;
(l) “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;
(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 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;
(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 revenue 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 the Election Commission constituted under Article 243-K of the Constitution of India for the State of Punjab;
(u) “Erection or Re-erection or Enlargement” of any building includes-
(i) any material alteration or enlargement of any building;
(ii) the conversion, by structural alteration, into a place of human habitation of any building not originally constructed for human habitation;
(iii) 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 bu9ilding not originally meant or constructed for such purpose;
(viii) roofing or covering an open space between walls or buildings, in respect of the structure which is formed by roofing or covering such 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;
(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 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 any other form of power which 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 territorial 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 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;
(zi) "Panchayat Samiti" means a Panchayat Samiti constituted for a Block under this Act;
(zm) "Panchayat Secretary" means the Secretary of the Gram Panchayat appointed under this Act;
(zn) "Population" means the 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 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, 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 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 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 force;
(zw) "Social Education and Panchayat Officer" 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-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 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 Canals 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-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.
NOTES
Village –
The word village by and large synonymous with revenue estate. Through word ‘village’ use in singular it will also mean ‘villages’ when read in relevant context. An area recorded as revenue estate in revenue records 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.
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 for 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 general that the place could be covered by the definition of public place. Unless it is shown on behalf of the Gram Panchayat that the site in dispute is a public place, the Gram 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 place is a condition precedent for exercise of jurisdiction by the Gram Panchayat. |
