From: Subject: THE PUNJAB PANCHAYATI RAJ ACT Date: Mon, 6 Jul 2009 15:10:05 +0530 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://punjabrevenue.nic.in/panchayat_act1.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3350 THE PUNJAB = PANCHAYATI RAJ ACT

THE PUNJAB PANCHAYATI RAJ ACT=20

Punjab Act 9 of=20 1994

 

Contents

SN

Section

1.     =20  

Short = title,=20 extent and commencement

2.     =20  

Definitions

CHAPTER =96=20 II

GRAM SABHAS AND = GRAM=20 PANCHAYATS

3.     =20  

Establishment= of=20 Gram Sabha areas

4.     =20  

Constitution = of=20 Gram Sabhas

5.     =20  

Meeting = and=20 quorum of Gram Sabha

6.     =20  

Presiding=20 Officer

7.     =20  

Budget = and annual=20 report of Gram Sabha

8.     =20  

Resolution of = majority votes

9.     =20  

Function of = Gram=20 Sabha

10.  =  

Constitution = of=20 Gram Panchayat

11.  =  

Reservation = of=20 the seats for the offices of the=20 Panches

12.  =  

Reservation = of=20 seats for the office of = Sarpanch

13.  =  

Oath = of Panches=20 and Sarpanches

14.  =  

Term = of office=20 of Sarpanch and Panch

15.  =  

Term = of office=20 of Gram Panchayat

16.  =  

Powers,=20 functions and duties of = Sarpanch

17.  =  

Resignation = of=20 Sarpanch

18.  =  

Resignation = of=20 Panches

19.  =  

No-Confidence= =20 motion against Sarpanch

20.  =  

Suspension = and=20 removal of Panch and = Sarpanch

21.  =  

Cessation = from=20 office of Sarpanch or = Panch

22.  =  

Filling of=20 casual vacancies of Sarpanch and=20 Panches

23.  =  

Meeting of = Gram=20 Panchayat

24.  =  

Quorums and=20 Procedure

25.  =  

Standing=20 Committees of Gram = Panchayats

26.  =  

Constitution = of=20 panchayat Secretaries = Service

27.  =  

Other = employees=20 of the Gram Panchayats

28.  =  

Provident = Fund=20 and gratuity for servants

29.  =  

Dissolution = of=20 Gram Panchayat

CHAPTER =96=20 III

FUNCTIONS,=20 POWERS AMD DUTIES OF GRAM PANCHAYATS

30.  =  

Functions of = Gram Panchayats

31.  =  

Assignment = of=20 functions of Gram = Panchayats

32.  =  

Special=20 functions of Gram = Panchayat

33.  =  

Delegated=20 functions of Gram = Panchayats

34.  =  

Power = to require=20 removal of encroachments and = nuisance

35.  =  

Power = of Gram=20 Panchayat to make general = order

36.  =  

Penalty for=20 disobedience of special or general order of the Gram=20 Panchayat

37.  =  

Appeal = against=20 orders of Gram Panchayat

38.  =  

power = to enquire=20 and make report about misconduct of petty=20 officials

39.  =  

Supervision = of=20 patwaris

40.  =  

Power = to=20 introduce prohibition

41.  =  

Power = to make=20 Bye-laws

42.  =  

Power = of entry=20 and Inspection

43.  =  

Power = regarding=20 naming of streets and numbering of=20 buildings

CHAPTER =96=20 IV

JUDICIAL FUNCTIONS = OF GRAM=20 PANCHAYATS

44.  =  

Powers = and=20 jurisdiction of Gram Panchayat over criminal = offences

45.  =  

Transfer of=20 proceedings

46.  =  

Exclusion of = certain case

47.  =  

Cognizance = of=20 criminal cases

48.  =  

Action = on=20 complaint

49.  =  

Power = of Gram=20 Panchayat to refuse to entertain criminal=20 case

50.  =  

Proceeding = on=20 failure of the accused to = appear

51.  =  

Prompt = disposal=20 of criminal cases

52.  =  

Punishment. = A=20 Gram Panchayat may on = conviction

53.  =  

Compensation<= /A>

54.  =  

Conviction = by=20 Gram Panchayat not Previous = Conviction

55.  =  

Supervision = of=20 Criminal proceedings by Chief Judicial=20 Magistrate

56.  =  

Civil, = revenue=20 and judicial powers

57.  =  

Gram = Panchayat=20 to he deemed to be civil or revenue=20 court

58.  =  

Limits = to=20 jurisdiction

59.  =  

Transfer of=20 suits

60.  =  

Exclusion of = Gram Panchayat = jurisdiction

61.  =  

Limitation

62.  =  

Institution = of=20 suits

63.  =  

Wrong=20 institution of suits

64.  =  

Summary=20 dismissal

65.  =  

Necessary=20 Parties in suits

66.  =  

Summons

67.  =  

Dismissal in = default and restoration

68.  =  

Ex = pane=20 decision

69.  =  

Final=20 decision

70.  =  

Supervision

71.  =  

Supervisions = of=20 the Code of Criminal Procedure, 1973, and the Code of Civil = Procedure,=20 1908 to apply only where = provided

72.  =  

Bar = to Personal=20 interests

73.  =  

Compromise = and=20 decision on oath

74.  =  

Bar to = legal=20 practitioners

75.  =  

Appearance = of=20 agents

76.  =  

Difficulties = in=20 respect of having no=20 jurisdiction

77.  =  

Attendance=20 witnesses

78.  =  

Processes=

79.  =  

Transfer=20 application

80.  =  

Stay = of=20 proceedings

81.  =  

Payment by=20 installments

82.  =  

Finality of=20 decisions

83.  =  

Custody of=20 money

84.  =  

Contempt of=20 Court

CHAPTER =96=20 V

PROPERTY,=20 FUNDS, FINANCE AND ACCOUNTS OF GRAM = PANCHAYATS

85.  =  

Property of = Gram=20 Panchayat

86.  =  

Gram = Panchayat=20 Fund

87.  =  

Custody and=20 maintenance of Gram Panchayat records=20 properties

88.  =  

Taxation=20 measures by Gram Panchayat

89.  =  

Financial=20 assistance to Gram = Panchayats

90.  =  

Power = to exempt=20 from taxes and to write off irrecoverable=20 amounts

91.  =  

Expenses of = Gram=20 Panchayats

92.  =  

Recovery of = dues=20 as arrears of revenue

93.  =  

Power = of Gram=20 Panchayat to borrow

94.  =  

Special tax = and=20 Community Service

95.  =  

Budget = of Gram=20 Panchayat

96.  =  

Accounts of = Gram=20 Panchayat

97.  =  

Audit = of=20 Accounts of Gram = Panchayats

CHAPTER =96=20 VI

CONSTITUTION OF = PANCHAYAT=20 SAMITIS AND CONDUCT OF THEIR BUSINESS

98.  =  

Establishment= of=20 Panchayat Samitt

99.  =  

Composition = of=20 Panchayat Samitis

100.        =20  

Determinatio= n=20 of number of directly elected members of Panchayat=20 Samitis

101.        =20  

Delimitation= of=20 Territorial constituencies

102.        =20  

Reservation = of=20 seats of Panchayat Samitis

103.        =20  

Duration of = Panchayat Samiti

104.        =20  

Notification= of=20 election and Oath of allegiance by members of Panchayat=20 Samitis

105.        =20  

Elections = of=20 Chairman and Vice-Chairman and term of=20 office

106.        =20  

Reservation = for=20 the offices of Chairmen Vice-Chairmen of Panchayat=20 Samitis

107.        =20  

Rotation of = reserved seats and offices after each=20 Census

108.        =20  

Allowances = to=20 Chairman, Vice-Chairman and other members of Panchayat=20 Samitis

109.        =20  

Powers,=20 functions and duties of Chairman of Panchayat=20 Samitis

110.        =20  

Extraordinar= y=20 Powers of Chairman and executive Officer of Panchayat=20 Samitis

111.        =20  

Powers,=20 Function of Vice-Chairman of Panchayat=20 Samitis

112.        =20  

Resignation = or=20 removal of Chairman and Vice-Chairman of Panchayat=20 Samiti

113.        =20  

Suspension = and=20 removal of members of Panchayat=20 Samitis

114.        =20  

Dissolution = of=20 Panchayat Samiti

115.        =20  

Filling of=20 casual vacancies of member, Chairman and Vice Chairman of = Panchayat=20 Samiti

116.        =20  

Meeting of=20 Panchayat Samiti

117.        =20  

Defect or=20 irregularity not to vitiate proceedings of Panchayat=20 Samiti

118.        =20  

Executive=20 Powers of Panchayat = Samitis

119.        =20  

Functions = and=20 duties of Panchayat Samiti

120.        =20  

Entrustment = of=20 functions to Panchayat = Samitis

121.        =20  

Relationship= of=20 Panchayat Samiti with Gram = Panchayat

122.        =20  

Power = of=20 Panchayat Samiti to make = bye-laws

123.        =20  

Penalty for = infringement of bye-laws

124.        =20  

Penalty for = disobedience orders of Panchayat=20 Samiti

125.        =20  

Compensation= =20 for damage

126.        =20  

Penalty for = obstructions

127.        =20  

Prosecution<= /A>

128.        =20  

Payment of=20 compensation

129.        =20  

Power = to=20 recover sums of money claimable by Panchayat=20 Samiti

130.        =20  

Power = of=20 Panchayat Samiti to = delegate

131.        =20  

Joint = work and=20 undertakings

132.        =20  

Acquisition = of=20 land and other immovable = property

133.        =20  

Procedure = when=20 acquisition by agreement not = possible

134.        =20  

Standing=20 Committees of Panchayat = Samiti

135.        =20  

Functions = of=20 General Standing Committee of Panchayat=20 Samiti

136.        =20  

Procedure = of=20 Standing Committees of Panchayat=20 Samitis

137.        =20  

Power = of=20 Panchayat Samiti to acquire hold and dispose of=20 property

138.        =20  

Panchayat=20 Samiti Fund

139.        =20  

Vesting,=20 custody and investment of Panchayat Samiti=20 Fund

140.        =20  

Application = of=20 Panchayat Samiti Fund

141.        =20  

Minimum = balance=20 in Panchayat Samiti Fund

142.        =20  

Annual=20 Estimates of income and = expenditure

143.        =20  

Audit = of=20 Accounts of Panchayat = Samitis

144.        =20  

Inspection = of=20 Budget and Accounts of Panchayat=20 Samiti

145.        =20  

Publication = of=20 abstract of account of Panchayat=20 Samitis

146.        =20  

The = Local=20 Rate

147.        =20  

Liability = of=20 local rate

148.        =20  

Appropriatio= n=20 of the proceeds of local = rate

149.        =20  

Fixation=20 measures by Panchayat = Samitis

150.        =20  

Procedure = for=20 imposing taxes under Section = 149

151.        =20  

Power = of=20 Panchayat Samiti in to raise = loans

152.        =20  

Expenses of = Panchayat Samiti

153.        =20  

Recovery of = rates, taxes etc

154.        =20  

Appointment = of=20 Executive Officer and his = functions

155.        =20  

Employment = of=20 Staff and Panchayat = Samitis

156.        =20  

Punishment = and=20 dismissal of employees of Panchayat=20 Samitis

157.        =20  

State = Government employees to be placed at the disposal of Panchayat=20 Samitis

158.        =20  

Government=20 Employees Conduct Rules to apply to employees of Panchayat=20 Samitis

159.        =20  

Employees = of=20 Panchayat Samiti not to be concerned in=20 contracts

160.        =20  

Employees = etc.=20 to be public servants

CHAPTER =96=20 VII

CONSTITUTION=20 OF ZILA PARISHADS AND CONDUCT OF THEIR = BUSINESS

161.        =20  

Establishment= of=20 Zila Parishads

162.        =20  

Composition = of=20 Zila Parishad

163.        =20  

Determinatio= n=20 of number of directly elected members of Zila = Parishads

164.        =20  

De-limitatio= n=20 of Territorial Constituencies of Zila Parishads

165.        =20  

Reservation = of=20 seats of Zila Parishads

166.        =20  

Duration of = Zila Parishads

167.        =20  

Notification= 'hf=20 election and oath of &Ue~ce by Member of Zfla=20 Padshad

168.        =20  

Election of = Chairman and Vice-Chairman of Zila=20 Parishad

169.        =20  

Reservation = of=20 offices of Chairmen and Vice-Chairmen of=20 Parishads

170.        =20  

Rotation of = reserved seats and offices after each=20 Census

171.        =20  

Allowances = to=20 the Chairmen and Vice Chairmen and Member of Zila=20 Parishad

172.        =20  

Powers=20 functions and duties of the Chairmen and Vice-Chairmen of Zila=20 Parishads

173.        =20  

Extraordinar= y=20 powers of Chairman and Chief Executive Officer of Zila=20 Parishad

174.        =20  

Resignation = of=20 Chairmen and Vice-Chairmen of Zila=20 Parishads

175.        =20  

No-confidenc= e=20 motion against Chairman and Vice-Chairman, of Zila=20 Parishad

176.        =20  

Resignation = of=20 members of Zila Parishad

177.        =20  

Filling of=20 casual vacancies

178.        =20  

Dissolution = of=20 Zila Parishads

179.        =20  

Meetings of = Zila Parishads

180.        =20  

Functions = of=20 Zila Parishads

181.        =20  

Duties and=20 powers of Zila Parishad

182.        =20  

Assignment = of=20 functions of Zila Parishad

183.        =20  

Power = of Zila=20 Parishad delegate

184.        =20  

Standing=20 Committee of Zila = Parishads

185.        =20  

Functions = of=20 the Standing Committee of Zila=20 Parishad

186.        =20  

Procedure = of=20 standing committees Zila = Parishads

187.        =20  

Power = of Zila=20 Parishads to acquire, hold and dispose of=20 property

188.        =20  

Zila = Parishad=20 Fund

189.        =20  

Taxation=20 measure by Zila Parishad

190.        =20  

Financial=20 arrangement by Zila = Parishads

191.        =20  

Recovery of = rates, taxes etc

192.        =20  

Budget of = Zila=20 Parishad

193.        =20  

Account of = Zila=20 Parishads

194.        =20  

Audit = of=20 Accounts of Zila Parishads

195.        =20  

Chief = Executive=20 Officer and Officer of Zila = Parishads

196.        =20  

Staff = of the=20 Zila Parishad

197.        =20  

Functions = of=20 Chief Executive Officer of Zila=20 Parishad

198.        =20  

Recovery of = money by Chief Executive Officer of Zila & Parishad

CHAPTER =96=20 VIII

CHAR=20 CONTROL AND SUPERVISION

199.        =20  

Power = to cancel=20 or suspend resolutions of = Panchayat

200.        =20  

Default of=20 duties by the Panchayats

201.        =20  

Power = to call=20 for proceedings of = Panchayat

202.        =20  

Emergency=20 powers of the State = Government

203.        =20  

Access to = or=20 seizure of record of = Panchayats

204.        =20  

Power = to issue=20 directions

205.        =20  

Inquiry = into=20 affairs of Panchayats

206.        =20  

Right = of State=20 Government Officers to attend meetings of=20 Panchayats

207.        =20  

General = powers=20 of State Government and = Commissioners

CHAPTER =96=20 IX

MISCELLANEOUS

208.        =20  

Disqualificat= ion=20 for Membership

209.        =20  

Power = of State=20 Government to direct holding of general=20 elections

210.        =20  

Election=20 Commission to conduct = Panchayat

211.        =20  

Continuation= of=20 existing Panchayats

212.        =20  

Existing=20 institutions to continue till new institutions are=20 established

213.        =20  

Election to = he=20 held within six months where Panchayat is not=20 functioning

214.        =20  

District=20 Planning Committees

215.        =20  

Disputes=20 between Panchayats and other = bodies

216.        =20  

Liability = of=20 members of Panchayat

217.        =20  

Right = of appeal=20 of employees

218.        =20  

Protection = of=20 action in good faith

219.        =20  

Authenticati= on=20 of orders etc.

220.        =20  

Relation of = Panchayat with police

221.        =20  

Delegation = of=20 powers

222.        =20  

Over-riding = effect on other laws.

223.        =20  

Power = to remove=20 difficulties

224.        =20  

Panchayats = to=20 be local authorities

225.        =20  

Power = of=20 Panchayats to make = regulations

226.        =20  

Power = of State=20 Government to make/Model = regulations

227.        =20  

Power = to make=20 Rules

228.        =20  

Repeal and=20 Savings

 

Notification

No. 9-Leg/94 =96=20 The Following Act of the Legislature of the State of Punjab received the = assent=20 of the President of India on 20th April, 1994, and is hereby=20 published for general information: -

 

The Punjab Panchayati Raj=20 Act

(Punjab Act No 9 of=20 1994)

 

An Act to replace the Punjab Gram Panchayat Act, 1992, relating to = Gram=20 Panchayats, and the Punjab Panchayat Samitis and Zila Parishads Act, = 1961,=20 relating to the Panchayat Samities and Zila Parishads by a comprehensive = new=20 enactment;

 

           =20 Whereas it is expedient to replace the present enactments by a=20 comprehensive new enactment to establish a three-tier Panchayati Raj = system in=20 the State of Punjab with elected bodies at the village, Block and = District=20 levels, in keeping with the provisions of the Constitution = (Seventy-third=20 Amendment) Act, 1992 for greater participation of the people and more = effective=20 implementation of rural development and Panchayati Raj system.

 

           =20 Be it enacted by the State Legislature of the State of Punjab in = the=20 forty-fifth year of the Republic of India as follows: -

 

1.        =20 Short title, extent and commencement. (1) This Act may be = called the=20 Punjab Panchayati Raj Act, 1994.

(2)           = ;  =20 It extends to the whole of the State of Punjab.

(3)           = ;  =20 It shall come into force on such date as the State = Government=20 may, by notification, in the Official Gazette, appoint.

 

CHAPTER =96 I

2.        =20 Definitions.  = In this=20 Act, unless the context otherwise requires -

(a)           = ;  =20 =93annual value=94 means =96

(i)           = ;     =20 double the land revenue for the time being assessed on = any=20 land, whether the assessment is leviable or not; or

(ii)           = ;   =20 where the land has been permanently assessed, or has = been=20 wholly or in part compounded for or redeemed, double the amount which, = but for=20 such permanent assessment, composition or redemption, would have been = leviable;=20 or

(iii)           = ;  =20 where no land revenue has been assessed, double the = amount=20 which would have been assessed if the average village rate had been = applied:

 

Provided that, in = any tract in=20 which, under the settlement for the time being in force, the improvement = of the=20 land due to canal irrigation has been excluded from account in assessing = the=20 land revenue and a rate has been imposed in respect of such improvement, = that=20 rate shall be added to the land revenue for the purpose of computing the = annual=20 value;

(b)    =93Backward = Classes=94 means such=20 classes of citizens as may be notified by the State Government from time = to=20 time;

(c)    =93Block=94 means = such area in a=20 district as may be declared by the State Government by notification, to = be a=20 Block.

(d)    =93Block = Development and=20 Panchayat Officer=94 means the Block Development and Panchayat Officer = and=20 included any other officer appointed by the State Government to perform = all or=20 any of the functions of the Block Development and Panchayat Officer = under this=20 Act;

(e)    =93business=94 = includes any=20 trade, commerce or manufacture or an adventure or concern in the nature = of=20 trade, commerce or manufacture;

(f)     = =93building=94 means any=20 shop, house, hut, out-house, shed or stable, whether used for the = purpose of=20 human habitation or otherwise and whether of masonry, brick, wood, mud, = tha5tch,=20 metal or any other material whatever, and includes a wall and a well; =

(g)    =93bye-laws=94 = means bye-laws=20 made by a Gram Panchayat, or a Panchayat Samiti or a Zila Parishad under = this=20 Act;

(h)    =93Chairman or = Vice-Chairman=94=20 means the Chairman or the Vice-Chairman of a Panchayat Samiti or a Zila=20 Parishad, as the case may be;

(i)     =93Chief = Executive=20 Officer=94 means Chief Executive Officer of a Zila Parishad appointed = under this=20 Act;

(j)     = =93Collector=94 means the=20 Collector of a district and includes any officer not below the rank of a = District Development and Panchayat Officer specially appointed by the = State=20 Government to perform the functions of a Collector under this Act;

(k)    =93Commissioner=94 = means the=20 Divisional Commissioner or such other officer as may be appointed by the = State=20 Government to exercise the powers of a Commissioner under this Act;

(l)     =93Common = land=94 means=20 land which is not in the exclusive use of any individual and has by = usage,=20 custom or prescription been reserved for the common purposes of village=20 community or has been acquired for such purposes;

(m)   =93casual vacancy=94 = means a vacancy=20 occurring otherwise than by efflux of time;

(n)    =93Deputy Chief = Executive=20 Officer=94 means an officer not below the rank of District Development = and=20 Panchayat Officer to be appointed under this Act as such for a Zila=20 Parishad;

(o)    =93Deputy = Commissioner=94 means=20 the Deputy Commissioner of a district and includes any officer not below = the=20 rank of an Extra Assistant Commissioner specially appointed by the State = Government to perform the functions of a Deputy commissioner under this = Act;

(p)    =93Deputy = Director=94 means an=20 Officer appointed by the State Government to perform the functions of a = Deputy=20 Director under the Act;

(q)    =93Director=94 = means the Director=20 of Panchayats appointed under this Act and includes any officer not = below the=20 rank of Deputy Director appointed by the State Government ot perform the = functions of the Director;

(r)     = =93District=94 means a=20 revenue District in the State;

(s)     =93District = Development=20 and Panchayat Officer=94 means a District Development and Panchayat = Officer and=20 includes an officer appointed by the State Government to perform the = functions=20 of a District Development and Panchayat Officer under this Act;

(t)     =93Election = Commissioner=94=20 means the Election Commission constituted under Article 243-K of the=20 Constitution of India for the State of Punjab;

(u)    =93Erection or = Re-erection or=20 Enlargement=94 of any building includes-

(i)           = ;          =20 any material alteration or enlargement of any building; =

(ii)           = ;         =20 the conversion, by structural alteration, into a place = of human=20 habitation of any building not originally constructed for human = habitation;

(iii)           = ;       =20 the conversion of two or more places of human = habitation into a=20 lesser number of such places;

(iv)           = ;       =20 the conversion of one or more places of human = habitation into a=20 greater number of such places;

(v)           = ;        =20 such alteration of a building as would effect a change = in the=20 drainage or sanitary arrangements or materially affect its security; =

(vi)           = ;       =20 the addition of any rooms, buildings, out-houses or = their=20 structures to any building;

(vii)           = ;     =20 the conversion, by any structural alteration, into a = place of=20 religious worship or into a building used for a sacred purpose of any = place or=20 bu9ilding not originally meant or constructed for such purpose;

(viii)           = ;    =20 roofing or covering an open space between walls or = buildings,=20 in respect of the structure which is formed by roofing or covering such=20 space;

(ix)           = ;       =20 conversion into a stall, shop, warehouse or godown of = any=20 building not originally constructed for use as such or vice versa;

(x)           = ;        =20 construction of a door in a wall adjoining any street = or land=20 not vested in the owner of the wall and opening on such street or = land;

(v)    =93Executive = Officer=94 means an=20 Executive Officer of a Panchayat Samiti constituted under this Act;

(w)   =93existing law=94 means = the Punjab=20 Gram Panchayat Act, 1952 (Punjab Act4 of 1953) or the Punjab Panchayat = Samitis=20 and Zila Parishad Act, 1961 (Punjab Act 3 of 1961) as the case may = be;

(x)    =93Factory=94 means = besides a=20 factory as defined in the Factories Act, 1948 (Central Act 13 of 1948) = and any=20 premises including any premises where in any industrial manufacturing or = trade=20 process is carried on with the aid of stream, water, oil, gas, = electrical or any=20 other form of power which is mechanically transmitted and is not = generated by=20 human or animal agency;

(y)    =93Gram Sabha=94 = means a body=20 consisting of persons registered as voters in the electoral rolls of the = area of=20 the Gram Panchayat, constituted under Section 3 of this Act;

(z)     =93Gram Sabha = area=94 means=20 territorial area of a Gram Sabha;

(za)   =93Gram Panchayat=94 = means an=20 institution of self-government for a =20 Gram Sabha area constituted under Section 9;

(zb)   =93land=94 means land = assessed to land=20 revenue and includes land whereof the land revenue has been wholly or in = part=20 released, compounded for, redeemed or assigned;

(zc)   =93land-holder=94 means = any person=20 responsible for the payment of the land revenue, if any, assessed on = land and=20 includes the proprietor of land, the land revenue of which has been = wholly, or=20 in part released, compounded for redeemed or assigned;

(zd)   =93latrine=94 includes a = privy,=20 water-closet and urinal;

(ze)   =93local authority=94 = includes a=20 Municipal Corporation, Municipal Committee, Zila Parishad, Panchayat = Samiti,=20 Gram Panchayat, Sanitary=20 Board, Town Board, Notified Area Committee, Improvement Trust, Urban = Development=20 Authority and Planning Authority constituted under this Act of under any = law for=20 the time being in force;

(zf)   =93market=94 means a = place for the sale=20 of goods or animals publically exposed where ordinarily or periodically = at least=20 four shops, stalls or sheds are set up or where at least ten animals are = brought=20 for sale;

(zg)   =93member=92 means a = member of a Gram=20 Panchayat, a Panchayat Samiti or Zila Parishad and includes Sarpanch of = a Gram=20 Panchayat and Chairman and Vice-Chairman of Panchayat Samiti or Zila = Parishad;=20

(zh)   =93occupier=94 means any = person in=20 actual possession of any land or building or part thereof and includes = an owner=20 in actual possession and the tenant or licensee whether such tenant or = licensee=20 is liable to pay rent or not;

(zi)=20    "Panch" means a = member of the=20 Gram Panchayat elected under this Act and Includes a Sarpanch;=20

(zj)=20 "Panchayat" means a Gram Panchayat, Panchayat Samiti and Zila Parishad=20 constituted under this Act;

(zk)=20 "Panchayat area" means the territorial area of a Panchayat or Panchayat = Samiti=20 or Zila Parishad;

(zi)=20 "Panchayat Samiti" means a Panchayat Samiti constituted for a Block = under this=20 Act;

(zm)=20 "Panchayat Secretary" means the Secretary of the Gram Panchayat = appointed under=20 this Act;

(zn)=20 "Population" means the population as ascertained at the last preceding = census of=20 which the relevant figures have been published;

(zo)=20 "prescribed" means prescribed by rules made under this Act;=20

(zp)=20 "public nuisance" Includes any act, omission, place or thing which = causes or Is=20 likely to cause Injury, danger, annoyance or offence to the sense of = sight,=20 smell or hearing or disturbance to rest or sleep or which is or may be = dangerous=20 to life or injurious to the health or property of the public or of the = people in=20 general, who dwell In the vicinity or of persons who may have occasion = to=20 exercise a public right;

(zq)=20 "public place=94 means a any place, building or structure situated = within a=20 Panchayat area to which the public has free access; =

(zr)=20 "Public servant" means a public servant as defined In section 21 of the = Indian=20 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)   =93public street=92 means = a pathway,=20 road, street, bridge, lane, square, court, alley or passage in  a village, which the public = has a right=20 to use, and includes the drains or gutters on either side and the land , = up to=20 the defined boundary of any abutting property, notwithstanding any = projection=20 over such side of any of any verandah or other superstructure;=20

(zt)=20 "Sarpanch" means Sarpanch of the Gram Panchayat elected under Section 10 = of the=20 this Act;

(zu)   =93Schedule=94 means a = Scheduled=20 appended to this Act;

(zv)=20 "Schedule Caste" means the Scheduled Caste specified in respect of the = State of=20 Punjab in the Constitution (Scheduled Caste) Order, 1950 for the time = being in=20 force;

(zw)=20 "Social Education and Panchayat Officer" means Social Education and = Panchayat=20 officer and include an officer appointed by the State Government to = perform the=20 functions of a Social Education and Panchayat Officer under this=20 Act;

(zx)   =93Standing Committee=94 = means a=20 Standing Committee constituted for a Gram Panchayat, a Panchayat Samiti = or a=20 Zila Parishad under this Act;

(zy)   =93Sub-Division = Officer=94 means the=20 officer-in-charge of a Sub-Division of a District constituted for = revenue and=20 general purposes;

(zz)=20   "tax=94 includes a cess, = duty fee=20 rate, toll or other impost leviable under this Act; =

(zza) =93Village=94 means any local area, = recorded as a=20 revenue estate in the revenue records of the district in which it is=20 situated;

(zzb) =93Village level functionary=94 in = relation to a=20 Gram Sabha area means any person performing his official duties in that = Gram=20 Sabha area and includes Patwari, School Teacher, Secretary of a = Co-operative=20 Society, and Forest Guard;

(zzc) =93Watercourse=94 means any channel = which is=20 maintained at the cost of irrigators and is supplied with water from any = canal=20 to which either the Northern India Canal and Drainage Act, 1873 or the = Punjab=20 Minor Canals Act, 1905 or any other Act for the time being inforce = applies and=20 includes all subsidiary works connected with such channel except the = sluice or=20 outlet through which water is supplied to such = channel;

(zzd) =93Zila Parishad=94 means a Zila = Parishad of a a=20 district constituted under this Act;

(zze) the expressions =93offence=94, = =93non-bailable=20 offence=94, =93cognizable offence=94, =93complaint=94, = =93officer-in-charge of a police=20 station=94 and =93police station=94 have the same meanings as in section = 2 of the Code=20 of Criminal Procedure, 1973;

(zzf)  the expressions = =93decree-holder=94,=20 =93judgment-debtor=94, =93legal representative=94 and =93movable = property=94 have the same=20 meanings as in section 2 of the Code of Civil Procedure,=20 1908;

(zzg) the expressions =93landowner=94, = =93tenant=94 and =93land=20 revenue=94 have the same meanings as in the Punjab Land Revenue Act, = 1887;=20

(zzh) words the expression used but not = defined in=20 this Act shall have the meanings assigned to them in the law for the = time being=20 in force relating to the Gram Panchayats, Municipalities, District = Boards and=20 market Committees.

 

NOTES

Village=20 =96 The word village by and large synonymous with revenue estate.  Through word =91village=92 use = in singular=20 it will also mean =91villages=92 when read in relevant context.  An area recorded as revenue = estate in=20 revenue records of a district can only be called village.  Area not recorded as revenue = estate=20 cannot be called a village and cannot be independently declared as a = Sabha=20 area.  Local area not = recorded as a=20 revenue estate, does not fall within definition of village.=20

           =20 Public Street =96 Pathway is included in term =91Public Street=92 = =96 Gram=20 Panchayat has jurisdiction to order removal of encroachment from such = public=20 street.  So long as public = has a=20 right to use the Blind alley, the same is covered by definition of = =93public=20 street=94.

 

Distinction=20 Between Common Land and Public Place.=20 =96 The expression common land refers to every kind of land reserved for = common=20 purposes of village community or acquired for such purposes but not in = the=20 exclusive possession of any particular individual.  In order that a place falling = within the=20 definition of expression common land may be covered by covered by the = definition=20 of public place the additional requisite of its so falling within the = scope of=20 the latter as to the public in general having free access to it has to = be=20 satisfied.  Public place = may be=20 covered by the definition of common land but every piece of common land = is not a=20 public place.  It is only = in respect=20 of those places of land, which not only satisfy the test of sine qua non = of the=20 definition of the public place of free access to such land by public in = general=20 that the place could be covered by the definition of public place.  Unless it is shown on behalf = of the Gram=20 Panchayat that the site in dispute is a public place, the Gram Panchayat = has no=20 jurisdiction to proceed against a person on the ground of the site in = dispute=20 being the public place.  = In other=20 words, existence of public place is a condition precedent for exercise = of=20 jurisdiction by the Gram Panchayat.

 

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