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Act Description : THE PUNJAB PANCHAYATI RAJ ACT, 1994

Act Details :-

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
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
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 Procedure, 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
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
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
137.	Power of Panchayat Samiti to acquire hold and dispose of property
138.	Panchayat Samiti Fund
139.	Vesting, custody and investment 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
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
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 continue 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
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 Legislature of the State of Punjab received the assent of the President of India on 20^th 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;

(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.

Act Type :- Punjab State Acts

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