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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 47] NEW DELHI, MONDAY, SEPTEMBER 5,1965/BHADRA 14, 1888 (SAKA)

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bill was introduced in Lok Sabha on the 5th Sep-

tember, 1966:—

BILL NO. 66 OF 1966

A Bill to provide for the constitution of Panchayat Samitis and

nyaya panchayats in the Union territory of Delhi and to make

certain amendments in the Delhi Land Reforms Act, 1954, and

the Delhi Panchayat Raj Act, 1954, and for matters incidental

thereto.

BE it enacted by Parliament in the Seventeenth Year of the Republic

of India as follows: —

PART I

PRELIMINARY

5 1. (1) This Act may be called the Delhi Panchayat Samitis and Nyaya Panchayats Act, 1966.

(2) It extends only to the rural areas of the Union territory of

Delhi except—

Short title, extent and commence- ment.

(825)

(a) such areas thereof as are included in any estate owned by the Central Government or any local authority; and

5

Delhi Act 8 of 1954- 1 of 1894.

(b) such other areas thereof as are held and occupied for a public purpose or a work of public utility and declared as such under section 1 of the Delhi Land Reforms Act, 1954, by the Administrator or acquired under the Land Acquisition Act, 1894, or any other enactment relating to acquisition of land' for a public purpose.

10 Explanation.—In this sub-section, the expression "rural areas" has the meaning assigned to it in the Delhi Municipal Corporation Act, 1957.

G6 of 1957.

(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint, and different dates may be appointed for different, provisions of this Act and for different areas.

15

Definitions. 2. In this Act, unless the context otherwise requires,—

(a) "Administrator" means the Administrator of Delhi ap- pointed by the President under article 239 of the Constitution;

(b) "Block" means such area as may be declared by the Administrator under section 3 to be a Block;

20

(c) "Block Development Officer" means an officer appointed as such by the Administrator or by such other authority as may be specified by him in this behalf;

(d) "Chief Judicial Magistrate" means the Chief Judicial Magistrate of Delhi;

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(e) "Circle" means the Circle for which a nyaya panchayat has been established under section 44;

(f) "Delhi" means the Union territory of Delhi;

30 (g) "Development Commissioner" means the Collector or any other officer empowered by the Administrator by notification in the Official Gazette to discharge all or any of the functions of a Development Commissioner under this Act;

(h) "District Judge" means the District Judge of Delhi;

(i) "Gaon Panchayat" means a Gaon Panchayat establishedunder the Delhi Land Reforms Act, 1955; Delhi Act 8 of 1954. 35

19 of 1966.

(j) "Metropolitan Council" means the Metropolitan Council of Delhi constituted under section 3 of the Delhi Administration Act, 1966;

(k) "nyaya panchayat" means a nyaya panchayat establish- ed for a Circle under section 44;

5

(I) "Panchayat Samiti" means a Panchayat Samiti constitu- ted under section 4;

(m) "prescribed" means prescribed by rules made under this Act;

10

(n) "President" means the President of a Panchayat Samiti;

(0) ''Rural Area Advisory Committee" means the Rural Area Advisory Committee established under section 107;

(p) "sarpanch" means the chairman of a nyaya panchayat;

15

(q) "Scheduled Caste" means any of the Scheduled Caste* specified in Part I of the Schedule to the Constitution (Sche- duled Castes) (Union Territories) Order, 1951;

(r) "Senior S'ub-Judge" means the Senior Subordinate Judge of Delhi;

(s) "up-sarpanch" means the vice-chairman of a nyaya pan- 20 chayat;

(t) "Vice-President" means the Vice-president of a Pancha- yat Samiti;

(u) "village" means the village or group of villages for which a Gaon Sabha has been established;

25

Delhi Act 3 of 1955.

(-y) All words and expressions used but not defined in this Act and denned in the Delhi Panchayat Raj Act, 1954, shall have the meanings respectively assigned to them in that Act.

PART II

PANCHAYAT SAMITIS

Declara> tion of Blocks.

30 3. The Administrator may, by notification in the Official Gazette declare such contiguous Gaon Sabha areas as he deems fit to be a Block for the purposes of this Act and may similarly alter the limits of any Block by including therein or excluding therefrom any Gaon Sabha area.

4. (1) The Administrator may, by notification in the Official Gazette, constitute a Panchayat Samiti for a Block with effect from such date as may be specified therein.

Constitu- tion of Panchayat Samitis and their incorpora- tion.

5 (2) Every Panchayat Samiti' shall, by the name of the Block for which it is constituted, be a body corporate having perpetual succes- sion and a common seal with power, subject to the provisions of this Act and the rules made thereunder, to acquire, hold or dispose of property and to enter into contracts and may, by its corporate name, sue and be sued.

10 (3) If, after a Panchayat Samiti is constituted for a Block under sub-section (1),—

15 (a) any Gaon Sabha area is included in that Block, the Panchayat Samiti for that Block shall acquire jurisdiction over such area and all rules, notifications, orders, directions and no- tices lawfully made or issued and in force throughout the Block on the date of such inclusion, shall apply to the area so inclu- ded from that date, unless the Administrator otherwise directs;

20 (b) any Gaon Sabha area is excluded from that Block, such area shall, as from the date of such exclusion, cease to be sub- ject to the jurisdiction of the Panchayat Samiti of that Block and to the rules, notifications, orders, directions, and notices law- fully made or issued and in force therein.

(4) When a Gaon Sabha area is transferred from one Block to an- other, the Administrator may make such incidental and consequen- tial orders as may be necessary for effecting the transfer. 25

5. {1) Every Panchayat Samiti shall consist of a President to be elected in accordance with the provisions of this Act and the follow- ing other members, namely: —

Composi- tion of Panchayat Samiti.

(i) Pradhan of every Gaon Panchayat within the Block for which the Panchayat Samiti is constituted:

30

Provided that—

35 (a) if a Pradhan of any such Gaon Panchayat refuses to be a member of the Panchayat Samiti or resigns such mem- bership, he shall, with effect from the date of such refusal or resignation and notwithstanding anything to the contrary contained in any other law for the time being in force, ceasc to be a Pradhan of the Gaon Panchayat and the person who succeeds him in such office shall be a member of the Pan- chayat Samiti in his place;

(b) if at any time there is no Pradhan for a Gaon Pan- chayat, the Development Commissioner shall nominate a member of the Gaon Sabha to be the member of the Pan- chayat Samiti to represent that Gaon Sabha;

5

(c) if a Gaon Sabha area is transferred from one Block to another, the Pradhan of the Gaon Panchayat of that area fhall cease to be a member of the Panchayat Samiti of that Block and shall become a member of the Panchayat Samiti of the other Block;

¹⁰ (ii) member elected to the House of the Peo 1 from the constituency of which the Block forms a part;

(Hi) member elected to the Metropolitan Council from the constituency of which the Block forms a part;

(iv) member elected to the Municipal Corporation of Delhi 15 from any area of which the Block forms a part;

(11) two women, and four representatives of the Scheduled Castes, all six of whom shall be elected in the prescribed manner by the members specified in clauses (i), {ii), (Hi) and

20

(iv) from among persons who are members of any Gaon Sabha in the Block but who are mot already members of the Panchayat Samiti.

(2) If a person who is member of the Panchayat Samiti by virtue of clause (v) of sub-section (1) also becomes a member there- of by virtue of any other clause of that sub-section, his membership in the Panchayat Samiti under clause (v) shall cease.

25

30

6- (j) The President of each Panchayat Samiti shall be elected

In the prescribed manner, from amongst the members of the Gaon

Sabhas m the Block for which the Panchayat Samiti is constituted,

by an electoral college consisting of the members of the Gaon

Panchayats within the Block and the members specified in clauses

(t) to (iv) of sub-section (1) of section 5.

Election and term of office of Presi- dent and Vice- President of Pan. chayat Samiti and filling up of casual (2) There shall be a Vice-President for each Panchayat Samiti who shall be elected by the members of the Panchayat Samiti from amongst themselves in the prescribed manner.

Vacarcies.

35 (3) Notwithstanding anything contained in sub-section (]) or sub-section (2), a member nominated under Item [(b) of the proviso to clause (i) of sub-section (1) of section 5 or a member specified in clause (ii) of the said sub-section (/) shall not be elected as President or Vice-President.

(4) If the Pradhan of a Gaon Panchayat is elected as President of the Panchayat Samiti, he shall notwithstanding anything contain- ed in any law for the time being in force, cease to be the Pradhan of the Gaon Panchayat from the date of such election.

5 (5) A vacancy in the office of the President or Vice-President shall be filled in the manner provided in sub-section (1) or, as the case may be, sub-section (2).

(6) Save as otherwise provided in this Act,—

10 (a) the term of office of the President or Vice-President shall be five years from the date of his election but the Presi* dent or Vice-President shall cease to hold his office even before the expiration of such term on his ceasing to be a member of the Panchayat Samiti;

15 (b) when a vacancy occurs in the office of the President or Vice-President before the expiration of his term of office, the person elected as President or Vice-President in that vacancy shall hold office for the residue of the term of his predecessor.

7. Save as otherwise provided in this Act,—

20 0) (a) a member specified in clause (i) of sub-section (1) of section 5 shall hold office so long as he continues to be the Pradhan of the Gaon Panchayat;

Term of office of members of Pan- chayat Simiti and filling of vacan- cies.

(b) a member nominated under item (b) of the proviso to clause (i) of sub-section (/) of section 5 shall hold office until the Pradhan of the Gaon Panchayat is elected;

25 (ii) a member specified in clauTe (ii), clause (Hi) or clause (iv) of sub-section (/) of section 5 shall hold office so long as he continues to be a member of the body to which he has been elected;

30 (Hi) a member elected under clause (v) of sub-section (1) of section 5 shall hold office for a term of five years from the date of election.

Disquali- fications for be- coming a

8. Subject to the provisions of this Act, a person shall be disqua- lified to be elected or nominated as a member of a Panchayat Samiti, if such person.—

member.

(a) ife uaable to read and write Hindi or Urdu, or

35

(b) is an undischarged insolvent, or

(c) is of unsound mind and stands so declared by a com- petent court, or

(d) is a servant of Government or of any locai authority, or

22 of 1955.

5 of 1898.

(e) is convicted of any offence under the Untouchability (Offences) Act, 1955 or of an offence involving moral turpitude or ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898.

5

9, (I) Subject to the provisions of section 10, a member of a Panchayat Samiti shall cease to be such member, if he—

Disquali- fications for con- tinuing as a member.

(a) becomes subject to any of the disqualifications specified in section 8; or

(b) has been continuously absent from the Block for more 10

than six months; or

(c) has absented himself from three or more consecutive meetings of the Panchayat Samiti

15

Provided that no meeting from which a member absented himself shall be counted against him under this clause if notice of that meeting was not given to him in the prescribed manner, or the meeting was adjourned without transacting any business either for want of quorum or for any other reason.

20

Explanation. ~~Where a meeting which shall not count against a member under the proviso intervenes between two meetings which count against him, those two meetings shall be regarded as being consecutive to each other for the purpose of this clause.

25

(2) (a) Where the Block Development Officer is satisfied th; a person has ceased to be a member, having incurred any of tr disqualifications specified in sub-section (1), he shall forthwith int mate that fact by registered post to the member concerned an report the same to the Panchayat Samiti at its next ordinary mee ing.

30

(b) If such intimation relates to a disqualification under clause (c) of the said sub-section and if the member applies for restoration of his membership to the Panchayat Samiti within thirty days of the receipt by him of such intimation, he shall be deemed to have been restored to his membership and the Block Development Officer shall report the fact of such restoration to the Panchayat Samiti at its meeting •

Provided that a member shall not be so deemed to have been

restored more than once during his term of office.

5 (c) Upon such restoration, he shall be deemed to have been res- tored also to the membership of any Standing Committee of the Panchayat Samiti of which he has ceased to be a member under clause (c) of sub-section (1).

(d) Pending such restoration, the member shall be entitled to

act as if he were not disqualified.

io Authority to decide questions of disquali- fications of mem- bers.

20 10. (I) Where intimation is given by the Block Development Officer under sub-section (2) of section 9 that a person has ceased to be a member of the Panchayat Samiti, or where an allegation to that effect is made by any person or authority to the Block Develop- ment Officer and the Block Development Officer has given intima- tion of such allegation to the member and such member disputes the correctness of the fact so intimated or the allegation so made, or where any member himself entertains any don,bt whether or not he has become disqualified under that section, such member or any other member may, and the President at the request of the Panch- ayat Samiti shall, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, apply to the prescribed authority for decision.

(2) The prescribed authority, after making such inquiry as it considers necessary, shall determine whether or not such member is disqualified under section 9 and its decision shall be final.

(3) Pending such decision, the member shall be entitled to act

25 as if he were not disqualified.

Pilling

of certain casual vacancies.

io 11. Any vacancy occurring in the office of an elected member Other than President or Vice-President before the expiration of his term of office shall be filled by election of another person in the prescribed manner by all the members of the Panchayat Samiti including those specified in clause (v) of sub-section (1) of section 5 and the person so elected shall hold office for the residue of the term of the predecessor.

12. (2) The President, the Vice-President or an elected or nomi-

35 Resignation of President Vice-Presi- dent or member.

> nated member may resign his office as such President, Vice-presi- dent or member by giving notice in writing addressed to the Pan- chayat Sumiti and delivering it to the Block Development Officer.

(2) Except in a case where the person resigning delivers the Mntice of resignation personally to the Block Development Officer, the Block Development Officer shall, on receipt of a notice of resig- nation, obtain confirmation from the person concerned as to its genuineness,

5

(3) A resignation delivered personally or confirmed as afore- said shall take effect on and from the date on which the notice was received by the Block Development Officer.

13. (1) For every Panchayat Samiti there shall be Standing ro Committees respectively for—

Standing Commit- tees of Pancha- yat Samiti.

(i) agriculture, animal husbandry, minor irrigation, power, reclamation (including soil conservation and contour bunding) and fisheries;

15

(ii) co-operation, thrift and small savings, cottage indus- tries, rural housing, statistics, and prohibition of, or temperan- ce in, the consumption of intoxicating drinks and of drugs which are injurious to health;

(in) welfare of women and children;

(iv) social welfare;

(v) works; and

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(vi) finance.

(2) In addition to the six Standing Committees referred to in sub-section (1) a Panchayat Samiti may, with the approval of the Administrator, constitute one or more Standing Committees for any matter not specified in the said sub-section.

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(3) Every Standing Committee shall consist of seven members of whom the President of the Panchayat Samiti shall be er-offi,cio member and chairman and the remaining six shall be elected by the members of the Panchayat Samiti from among themselves in the prescribed manner:

30

Provided that if the Panchayat Samiti so decides, it may elect In the prescribed manner not more than two of the remaining six members from among persons who are members of Gaon S'phhas in the Block but are not members of the Panchayat Samiti and who

have experience and knowledge of the subjects assigned to the Standing Committee:

5

Provided further that in the case of the Standing Committee for the subjects specified in clause (ii) of sub-section (1), the Pancha- yat Samiti shall elect two of the remaining six members from among persons who are members of Gaon Sabhas in the Block but are not members of the Panchayat Samiti and who have experience and knowledge of co-operation and cottage industries:

ic

15 Provided also that in the case of a Standing Committee for the subject specified in clause (Hi) of sub-section (1), the majority of the members shall be women, and if the number of women members of the Panchayat Samiti is not adequate to secure such majority, such number of women as are required to secure ^nch majority shall be elected from among women who ate mem- bers of Gaon Sabhas in the Block "but are not members of the Panchayat Samiti:

20 Provided also that in the case of a Standing Committee for the subject specified in clause (iu) of sub-section (1), the majority of the members shall be members of the Scheduled Castes and if the number of such members of the Panchayat Samiti is not suffi- cient to secure such majority the required number of such mem- bers to secure such majority shall be elected from among persons who are members of Gaon Sabhas in the Block but are not members of the Panchayat Samiti.

25 (4) Every Standing Committee shall, in relation to the subjects assigned to it, exercise such of the powers and perform such of the functions of the Panchayat Samiti as the Administrator may, by order, specify.

3o (5) No member of a Panchayat Samiti other than its President shall be a member of more than one Standing Committee at a time:

Provided that the provisions of this sub-section shall not apply to a member of a Committee constituted under clause {Hi) of sub- section (1) who may also become a member of any other one committee constituted under lhai sub-secdon :

35 Provided further that where the number of members of the Panchayat Samiti is not sufficient to fill as aforesaid all the seats of every such Standing Committee, a member of a Panchayat Samiti may become a member of any two such Standing Committees.

(6) All the provisions of this Act relating to the duties, powers, liabilities, disqualifications and disabilities of members of the Pan- 40

chayat Samiti shall be applicable, so far as may be, to the mem- bers of any Standing Committee who are not members of the Pan- chayat Samiti,

(7) A member elected to a Standing Committee shall hold office

for such period as may be prescribed.

5

10

(8) Any vacancy occurring in the office of an elected member of a Standing Committee before the expiration of his term of office shall be ftlled by election of another person in the manner pres- cribed and the person so elected shall hold office for the residue of the term of his predecessor.

15

(9) Where a person elected as a member of a Standing Com- mittee from among the members of the Panchayat Samiti ceases to De a member of tne Panchayat yamitj on any date before the ex- duration of his term of office as a member of the Standing Com- mttee, he shall cease to be a member oi the Standing Committee 11 and from such date.

20

14. The Development Commissioner and such officers as the Ad- ministrator may, by order, specily sliail have the right to speak in, and otherwise to take part in, the proceedings of any meeting of a Panchayat Samiti or any Standing Committee thereof functioning within the local limits of their respective jurisdictions but shall not by virtue of this section, be entitled to vote at any such meet- ing-

Right of certain officers to parti- cipate In proceed- ings of Panchayat Samiti or Standing Committee thereof.

25

15. (1) (a) The President of a Panchayat Samiti may, for pur- poses of consultation, invite any person having experience and specialised knowledge in any subject under the consideration of the Panchayat Samiti or a Standing Committee thereof to attend the meeting of the Panchayat Samiti, or as the case may be, the Stand- ing Committee.

Power of President of Pan- chayat Samiti to invite certain persons to attend its meet- ings.

30 (b) Such person shall have the right to speak in, and otherwise to take part in, the proceedings of such meeting, but shall not, by virtue of this section, be entitled to vote at any such meeting.

(2) A person attending a meeting under sub-section (1) shall

be entitled to such allowances as may be prescribed.

16. Every Panchayat Samiti or a Standing Committee thereol shall, In regard to the conduct of business at its meeting (including quorum) follow such procedure as may be prescribed.

Rules lor conduct of busi- ness at a meeting •f Pancha- yat Samiti or Stand- ing Coni'- mitte" thereof.

5 17. (1) Subject to the provisions of this Act, the Panchayat Samiti shall exercise the powers and perform the functions speci- fied in the First Schedule.

Powers and functions of Pan- chayat Samiti.

10 (2) It shall also exercise such other powers and perform such other functions as may be conferred on and entrusted to it by the Administrator for carrying out the purposes of this Act, but it shall not exercise the powers or perform the functions expressly assigned by or under this Act or any other law to its President or lo the Block Development Officer or any other authority.

(3) Every Panchayat Samiti shall endeavour to instil among the people within its jurisdiction a spirit of self help and initiative and harness their enthusiasm for raising the standard of living. 15 (4) The Panchayat Samiti may, with the previous approval of the Administrator and subject to such terms and conditions as may be prescribed, borrow money for carrying out the purposes of this, Act.

20 18. (a) A Panchayat Samiti or a Standing Committee thereof may, at any time, require the Block Development Officer to furnish any document in his custody.

25 (b) The Block Development Officer shall comply with every such requisition unless in hi; opinion immediate compliance therewith would be prejudicial to .he interests of the Panchayat Samiti or ot the general public and in such a case he shall refer the matter to the President whose decision thereon shall be final.

Power of Panchayat Samiti or its Stand- ing Com- mittees to call .tor docu- ments irom Block Develop- ment Officer.

30 19. A Panchayat Samiti may require any village officer of any village within the jurisdiction of the Panchayat Samiti to furnish any information required for the purposes of this Act on any matter falling within such categories as may be prescribed in res- pect of such village or any person or property therein.

Power of Panchayat Samiti to call for informa- tion from village officers.

20. (i) The President of a Panchayat Samiti shall—

(a) exercise administrative control over the Block Develop- ment Officer for the purpose of implementation of the resolu- tions of the Panchayat Samiti or any Standing Committee thereof;

5

Powers und functions of Presi- dent and ^ice- President.

(b) convene, preside over and conduct the meetings of the Panchayat Samiti; and

(c) have full access to all records of the Panchayat Samiti.

10

15

(2) In case oi emergency, the President may, in consultation , with the Block Development Officer, direct the execution of any work or the doing of any act which requires the sanction of the Panchayat Samiti or any of its Standing Committees and the imme- diate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this sub-section and the reasons therefor to the Panchayat Samiti or the concerned Standing Committee at its next meeting:

Provided that he shall not direct the execution of any work or the doing of any act in contravention of any order of the Govern- ment.

20

(3) The Vice-President shall exercise such powers and perform such functions of the President as the President may, from time to time, delegate to him in writing.

25

(4) When the office of the President is vacant, the Vice-Presi- dent of the Panchayat Samiti shall exercise the powers and perform the functions of the President until a new President is elected.

(5) If the President has been continuously absent from the Block for more than fifteen days or is incapacitated for more than fifteen days, his powers and functions during such absence or inca- pacity shall devolve on the Vice-President.

3035 (6) (a) When the office of the President is vacant or the Presi- dent has been continuously absent from the Block for more than fifteen days or is incapacitated for more than fifteen days, and there is either a vacancy in the office of the Vice-President or the Vice- President has been continuously absent from the Block for more than fifteen days or is incapacitated for more than fifteen days, the powers and functions of the President shall devolve on a mem- ber of the Panchayat Samiti elected in the prescribed manner by the members of the Panchayat Samiti.

5 (b) The member of the Panchayat Samiti so elected shall be styled as the temporary President and he shall exercise the powers and perform the functions of the President subject to such restric- tions and conditions as may be prescribed until a new President or Vice-President assumes office after his election, or until the Presi- dent or the Vice-President returns to the Block or recovers from his incapacity, as the case may be.

10 21. Any member of a Panchayat Samiti may draw the attention of the President or the Block Development Officer to any neglect in the execution of Panchayat Samiti work, to any waste of Panchayat Samiti property or to the needs of any locality and may suggest any improvement which may appear desirable,

Right of individual members to draw- attention in respect of Pan- chayat Samiti works, etc.

22 (i) The Block Development Officer shall—

i5 (a) issue notices, under instructions from the President and the Chairman ol Standing Committees, for meetings of the Panchayat Samiti and the Standing Committee thereof,

(b) attend all such meetings and record and maintain the Powers and func- tions of Block Develop- ment Officer.

minutes thereof,

(c) participate in the deliberations at such meetings,

20 (d) draw and disburse moneys out of the Panchayat Samiti

Fund:

25 Provided that the President may, for reasons to be recor- ded in writing, stop any such payment and place the matter before the Panchayat Samiti or the Standing Committee con- cerned,

(e) subject to the prior approval of the Panchayat Samiti,

execute contracts for and on its behalf,

(f) sign and authenticate all letters and documents for

and on behalf of the Panchayat Samiti,

30 (g) take steps to remove any defect or irregularity brought

to notice in the course of audit of the accounts of the Pancha- yat Samiti or pointed out in the report of the audit thereof,(h) report without delay all cases of fraud, embezzlement, theft or loss of money or other property of the Panchayat Samiti, 35

(i) furnish to the Administrator copies of the resolution passed at, and proceedings of, every meeting of the Panchayat Samiti or any Standing Committee thereof and copies of or extracts from other documents required by him.

5 (j) help the Gaon Panchayats in organising essential vo- luntary organisations for developmental work and in drawing up their plans with a view to ensure that their production pro- grammes conform to the broad policy laid down by the Pancha- yat Samiti and are designed to increase agricultural produce and co -operative organisation

10

(k) see that the plans and programmes approved by appro- priate authorities are executed with efficiency and through extension methods,

'5

(I) see that the construction programmes undertaken by the Gaon Panchayats conform to the standards laid down and are completed within the scheduled time,

(m) inspect on behalf of the Panchayat Samiti the financial position of the Gaon Panchayats with special reference to the levy of taxes and their recovery, recovery of loans advanced and maintenance of regular accounts,

20

(n) exercise general supervision over the Gaon Panchayats

In the Block for the purposes of this Act,

25

(0) exercise supervision and control over the acts of all officers and servants of the Panchayat Samiti including the staff borne on the establishment of the Panchayat Samiti and the staff working in institutions and schemes transferred by the Administrator to the Panchayat Samiti in matters of executive administration mud matters relating to accounts and records of the Panchayat Samiti,

3o (p) exercise such other powers and perform such other functions as are conferred or imposed on him by or under this Act or as may be delegated to him under section 41.

(2) If for any reason the Block Development Officer is unable to attend any meeting of the Panchayat Samiti or a Standing Com- mittee thereof, the senior most officer subordinate to him, who may be present at the place of the meeting, shall attend such meeting.

23. The Block Development Officer and other officers and staff of a Panchayat Samiti and the staff employed in the institutions under the Panchayat Samiti shall be subordinate to the Panchayat Samiti, Block Develop- ment Officer and other officers and staff of Pan- chayat Samiti to be subor- dinate to Panchayat Samiti.

5 24. (1) Every Panchayat Samiti shall have the power to create with Uie previous approval of the Administrator, such posts of officers and other employees as it may consider necessary for carry- ing out the purposes of this Act.

Creation of posts of officers and other employees and appoint- ments thereto.

(2) The Administrator may, at any time, create such posts for any Panchayat Samiti as he may consider necessary for carrying out the purposes of this Act.

10

(3) All appointments to the posts created under sub-section (1)

or sub-section (2) and transfers of the holders of such posts shall be made in the prescribed manner.

15 25. (1) There shall be paid to the members of a Panchayat Samiti including its President and Vice-President, for attending a meeting of the Panchayat Samiti, and to the members of a Stand- ing Committee of a Panchayat Samiti, including its chairman for attending a meeting of such Committee, such allowances as may be prescribed.

(2) There shall also be paid to the President in respect of his 20 Allowan- ces for attending meeting of Pan- chayat Samili or Standing Committee thereof.

tours in the Block such allowances as may be prescribed.

Panchayat Samiti Fund.

26. (1) All moneys received by a Panchayat Samiti shall con- stitute a fund called the Panchayat Samiti Fund and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.

25

(2) All moneys received by the Panchayat Samiti shall be lodged in the nearest Government treasury or with the sanction of the Administration any bank approved by him,

(3) All orders or cheques against the Panchayat Samiti Fund rhall be signed by the Block Development Officer. 3Q

27. (2) The Panchayat Samiti Fund shall consist of—

(i) grants for meeting the liabilities transferred by the

Administrator to the Panchayat Samiti;

Incom* and ex- penses of Panchay"t Samltl.

(ii) ad hoc grants from the Consolidated Fund of India;

5

(iii) grants for implementing schemes transferred by the

Administrator and bodies or institutions for the development

of cottage and village industries such as khadi, silk, coir,

handicrafts, handlooms, leather works and the like;

(iv) loans —

10 (a) advanced by the Government, or

(b) raised by the Panchayat Samiti with the previous approval of the Administrator;

(v) donations and contributions received by the Pancha- yat Samiti from local authorities or from the public in any form;IS

(vi) sale proceeds of immovable and movable properties;

(uii) such other Income or receipts as may from time to time be prescribed.

ao

(2) The expenses of the Panchayat Samiti shall include the re- payment of loans contracted by it, the salaries and allowances of its officers and servants, allowances to its members, any item of expenditure directed by the Administrator for carrying out the purposes of this Act and such other expenses as may be necessary for such purposes:

25 Provided that grants referred to in clauses (1) and (Hi) of sub- section (1) shall be utilised in accordance with the terms and con- ditions of the same.

Budget of Panchayat Samiti.

30

28. (1) The Block Development Officer shall In each financial year frame and place before the Panchayat Samiti on or before the prescribed date a budget showing the probable receipts and expen- diture during the following financial year, and the Panchayat Samiti shall adopt the budget with such modifications, if any, as it thinks fit.

(2) The budget, as so adopted, shall be submitted by the Block Development Officer on or before such date as may be prescribed, to the Administrator who shall cause it to be placed before the Rural Area Advisory Committee for consideration.

G552 of I—3

(3) The Administrator shall thereafter approve the budget with or without modification after taking into consideration the recom- mendations of the Rural Area Advisory Committee.

⁵ (4) If, for any reason, the budget is not adopted by the Panchayat Samiti under sub-section (1) before the date referred to in sub-sec- tion (2), the Block Development Officer shall submit the budget to the Development Commissioner who shall forward it to the Adminis- trator after making such modifications, if any, as he thinks fit and thereafter the provisions of sub-sections (2) and (3) shall apply as they apply to a budget adopted by a Panchayat Samiti.

10

(5) If, in the course of a financial year, the Panchayat Samiti finds it necessary to make any alteration in the budget with regard to its receipts or items of expenditure, a revised or supplemental budget may be framed, adopted, submitted and approved, as far as may be, in the manner provided in sub-sections (1), (2), (3) and (4). 15

Kc counts and audit.

29. (I) The Panchayat Samiti shall keep cuch accounts and sub- mit such statements to the Administrator and the Rural Area Advisory Committee as may be prescribed.

20 (2) (a) Accounts of receipts and expenditure of every Panchayat Samiti shall be maintained for every financial year in such form as may be prescribed.

25 (b) An abstract of every annual account of a Panchayat Samiti showing its income under each' head of receipt, the charges for the establishment, works undertaken, the sum expended on each work, the balance, if any, remaining unexpended and such other informa- tion as may be prescribed, shall be prepared by the Panchayat Samiti In such form as may be prescribed and submitted to the Adminis- trator not later than the fifteenth day of the second month of the next financial year.

30 (3) (a) All annual accounts and all accounts kept under sub- section (J) shall be examined and audited, as soon as may be, after the end of each financial year by such person or authority as the Administrator may appoint in this behalf.

(b) The auditors so appointed shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

35 ⁴⁵ of i⁸⁶⁰.

5

inclining or authorising the incurring of, such expenditure, and may charge against any person responsible therefor the amount of any deficiency, loss or unprofitable outlay, occasioned by the neg- ligence or misconduct of that person or any sum which ought to have been but Is not brought into account by that person and shall, in every such case, certify the amount due from such person.

10

Explanation.—It shall not be open to any person whose negli- gence or misconduct has caused or contributed to any such defi- ciency or loss or unprofitable outlay to contend that notwithstand- ing his negligence or misconduct the deficiency or loss would not have occurred, but for the negligence or misconduct of some other person.

15

• of 1908.

(ii) The auditors shall state in writing the reasons for their de- cision in respect of every disallowance, surcharge or charge and a copy of such decision shall be served on the person against whom it is made in the manner laid down for the service of summons in the Code of Civil Procedure, 1908.

20

(in) Any person aggrieved by any disallowance, surcharge or charge may, within fourteen days after the date of service on him of the decision of the auditors, either—

(a) make an application to the Senior Sub-Judge to set aside such disallowance, surcharge or charge and the court, after taking such evidence as is necessary, may confirm, modify or remit such disallowance, surcharge or charge with such orders as to costs as it may think proper in the circumstances; or 25

(b) in lieu of such application, prefer an appeal to the Administrator who shall pass such orders as he thinks fit.

30

(iv) Where an application is made to the court under sub-clause (a) of clause (in) the auditors shall be the sole respondents thereto, and the applicant shall not make either the Administrator or any other person a party to the proceedings.

(v) From the decision of the court under sub-clause (a) of clause (Hi), an appeal shall lie to the High Court.

of the decision of the auditors unless within that time such person has made an application to the court or nreferr-d an appeal to the Administrator against the decision; and such sum, if not so paid, or such sum as the court or the Administrator declares to be due, shall be recoverable as If it were an arrcar of land revenue. 5

10 (vii) Notwithstanding anything in this section the Administra- tor may at any time direct that the recovery of the whole or any part of the amount certified by the auditors or declared by the court or the Administrator to be due from any person under this Act shall be waived if in his opinion such a course is justified consider- ing all the circumstances of the case.

(5) The Panchayat Samiti shall pay to the Administrator, out of its receipts such sum as may be determined by him towards the pay and allowances of such auditors or towards any other expenditure involved in the audit of the accounts of the Panchayat Samiti. i5

30. (1) A motion expressing want of confidence in the President or in the Vice-President of a Panchayat Samiti may be made in accordance with the procedure laid down in the following sub- sections.

Motion of no confi- dence in President or Vice- President.

20 (2) A written notice of intention to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of members of the Panchayat Samiti, together with a copy of the proposed motion shall be delivered in person, by any two of the members signing the notice, to the Development Com- missioner.

25

30 (3) The Development Commissioner shall then convene a meet- ing for the consideration of the motion at the office of the Panchayat Samiti on a date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him and he shall give to the members notice of not less than fifteen clear days of such meeting in such manner as may be prescribed:

35 Provided that where the holding of such meeting is stayed by an order of a court, the meeting shall be adjourned, and the Deve- lopment Commissioner shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay, after giving to the members notice, of not less than fifteen clear days of such adjourned meeting.

(4) The quorum for such a meeting shall be three-fifths of the total number of members of the Panchayat Samiti and the Develop-4°

ment Commissioner shall preside at such meeting but if within half an hour after the time appointed for the meeting, the Development Commissioner Is not present to preside at the meeting, the meeting shall stand adjourned to a date to be appointed by him under sub-section (5).

3

Explanation.—In the determination of three-fifths of the total number of members under this section, any fraction arrived at shall be construed as one.

10

(5) If the Development Commissioner is unable to preside at the meeting, he shall, after recording in writing the reasons for his absence, appoint a date on which the meeting adjourned under sub- section (4) shall be held:

Provided that—

15

(a) the date so appointed by him shall not be later than thirty days from the date fixed for the meeting under sub- section (3) and

(b) notice of not loss than ten clear days of the adjourned meeting shall be given to the members.

20

(6) Save as provided in sub-sections (3) and (4) a meeting con- vened for the purpose of considering a motion under this section shall not for any reason be adjourned.

(7) As soon as the meeting convened under this section com- mences, the Development Commissioner shall read to the Panchayat Samiti the motion for the consideration of which the meeting has been convened and declare it to be open for debate.

25

(8) No debate on the motion under this section shall be ad- journed.

30

(9) Such debate shall automatically terminate on the expiration of two hours from the time appointed for the commencement of the 1 meeting if it is not concluded earlier and on the conclusion of the debate or on the expiration of the said period of two hours, which- ever is earlier, the motion shall be put to vote.

(10) The Development Commissioner shall not speak on the merits of the motion and he shall not be entitled to vote thereon.

35 (11) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall be forward- ed forthwith on the termination of the meeting by the Develop- ment Commissioner to the Administrator.

Samiti, the Administrator shall, by notification in the Official Gazette, remove the President or the Vice-President, as the case may be, and the resulting vacancy in the office of President or Vice-President shall be filled in accordance with the provisions of this Part within the prescribed time.

5

(13) If the motion is not carried by such a majority as afore- said or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same President or Vice-President shall be made until after the expiration of six months from the date of the meeting. 10

31. (1) The Administrator may, by order, remove from office the President, or Vice-President or other member of a Panchayat Samiti, after giving him an opportunity of making a representa- tion, if he—

15 (o) ceases to be a member of the Gaon Sabha, or (b) incurs any of the disqualifications specified in section

9, or

Power ot Adminis- trator to remove President, Vice- President or member of Pan- chayat Samiti.

(c) refuses to act or becomes incapable of acting, or (d) is, in the opinion of the Administrator, guilty of mis- conduct in the discharge of his duties, or

20 (e) is, in the opinion of the Administrator, undesirable in the public interest to be continued in office, or

(f) has, in the opinion of the Administrator, acted against the interests of the Gaon Panchayat, or

25 (g) disobeys any lawful order issued by any court or any other authority under this Act or any other law for the time being in force, or

(h) has caused financial loss, waste or misappropriation of any money, or property belonging to the Panchayat Samiti, by neglect or misconduct in the performance of his duties. 30 (2) Where the President, the Vice-President or a member of a Panchayat Samiti is removed under sub-section (i), the vacancy shall, subject to the provisions of sub-section (3), be filled in the manner specified in section 6 or section 11, as the case may be, with- in the prescribed time.

5

(3) A President, a Vice-President or a member removed from his office under this section shall not be eligible for re-election or renomination as President, Vice-President or member for a period of three years from the date of the order of removal.

(•f) The Administrator shall have power to review any order Issued under sub-section (1) and pending such review to stay the order of removal.

5

32. (i) A Panchayat Samiti may, and if so required by the Ad- ministrator shall, join with one, or more than one, other local au- thority in constituting a joint committee for any purpose for which they are jointly responsible.

Joint Committee of a Pan- chayat Samiti and other local authority.

TO

(2) The constitution, powers and procedure of the joint com- mittee and the method of settling differences of opinion arising in connection with such committee between the local authorities con- cerned shall be such as may be prescribed.

33. (1) The Administrator may, by order in writing, cancel any resolution passed by a Panchayat Simiti or any Standing Commit- tee thereof if, in his opinion, such resolution—

(a) is not lawfully passed; or

Power to cancel or suspend re- solution ol Panchayat Samiti.

15

(b) is in excess or abuse of the powers conferred by or

under this Act, or any other law; or

(c) on its execution is likely to cause danger to human life,

health or safety or is likely to lead to a riot or affray.

20 (2) The Administration shall, before taking action under sub- section (1), give the Panchayat Samiti an opportunity of showing cause against the proposed order.

35

(3) If, in the opinion of the Development Commissioner, imme- diate action is necessary to suspend a resolution on any of the grounds referred to in clause (c) of sub-section (i), he may, by order in writing, suspend the resolution and make a report to the Administrator.

5 Power ol Adminis- trator to super- sede Panchayat Samiti,

10 34. (1) If, at any time, it appears to the Administrator that a Panchayat Samiti is not competent to perform its functions or has failed to exercise its powers or perform its functions or has exceed- ed or abused any of the powers conferred upon it by or under this Act, or any other law for the time being in force, the Administrator may direct the Panchayat Samiti to remedy such incompetency, failure, excess or abuse or to give a satisfactory explanation there- for and if the Panchayat Samiti fails to comply with such direction, the Administrator may supersede the Panchayat Samiti for a period not exceeding one year from a specified date and reconstitute it in accordance with this Act on the expiry of that period:

Provided that on or before the expiry of that period the Admi- nistrator may, by notification in the Official Gazette and, for rea- sons to be stated therein, postpone the reconstitution of the Pan- chayat Samiti for a further period not exceeding six months. 15

20 (2) When a Panchayat Samiti is superseded under sub-section (/), the Administrator may cause all or any of the powers and func- tions of the Panchayat Samiti to be exercised and performed by such person or authority as the Administrator may appoint in that behalf during the period of its supersession or until the Panchayat Samiti is reconstituted in accordance with the provisions of this Act, and any person or authority so appointed may, if the Adminis- trator so directs, receive remuneration for the services rendered from the funds of the Panchayat Samiti.

25 (3) (a) With effect from the date specified for the supersession of a Panchayat Samiti under sub-section (1) all its members inclu- ding its President and Vice-President shall forthwith be deemed to have vacated their offices as such and they shall not be entitled to be restored to office after the expiration of the period of supersession.

(j) The members of a reconstituted Panchayat Samiti shall en- 30 ter upon their offices on the date specified for its reconstitution.

35(4) If, at any time, it appears to the Administrator that a Stan- ding Committee of a Panchayat Samiti Is not competent to perform its functions or has failed to exercise its powers or perform its func- tions or has exceeded or abuse any of the powers conferred upon It by or under this Act, or any other law for the time being in force, the Administrator may direct the Standing Committee to re- medy such incompetency, failure, excess or abuse, or to give a sa- tisfactory explanation therefor and if the Standing Committee fails to comply with such direction, the Administrator may dissolve the 40

Standing Committee and direct the Panchayat Samiti to reconsti- tute the Standing Committee immediately thereafter.

5

Act" of Panchayat Ramlti not to be iiw "- lldated by informa- lity, vacancy, etc. 10

35. No act of a Panchayat Samiti or of a Standing Committee thereof shall be deemed to be invalid by reason only of a defect In the establishment of such Panchayat Samiti or Standing Commit- tee, or on the ground that the President, Vice-President, chairman or any member of such Panchayat Samati or Standing Committee was not entitled to hold, or continue in, such office by reason of any disqualification or by reason of any irregularity or illegality in his nomination, or election, as the case may be, or by reason of such act having been done during the period of any vacancy in the office of the President, Vice-President, chairman or other member of such Panchayat Samiti or Standing Committee.

15

Oaths of allegiance to be taken by members.

38. (1) Every member of a Panchayat Samiti including the Presi- dent shall before taking his seat make and subscribe before such authority as may be specified by the Administrator in this behalf an oath or affirmation according to the form set out for the purpose in the Second Schedule.

30

(2) If a person takes his seat at a meeting of the Panchayat Samiti before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits to a penalty of twenty-five rupees to be recovered as a sum due to the Panchayat Samiti.

25

(3) The provisions of this section shall, so far as may be, apply to the members of a Standing Committee of a Panchayat Simiti, who are not members of the Panchayat Samiti.

Adminis- tration report.

30

37. (2) Every Panchayat Samiti shall furnish to the AdministraTor a report on its administration for each financial year as soon as may be after the close of such year, in such form and with such details a& may be prescribed.

(3) The report of the Panchayat Samiti ehall be prepared by th" Block Development Officer and the Panchayat Samiti shall consider and forward it to the Administrator with its resolution thereon.

552 G of I-*4

38. Any sum due to, or recoverable by, a Panchayat Samiti under this Act may be recovered as il it were an arrear of land revenue.

Recovery of stims due to 'Panchayat Samiti as arrears of land revenue.

39. (1) Any officer or other person whom the Administrator may

empower in this behalf may enter on and inspect,-—

5 (a) any immovable property, or any work in progress under Powers of entry of inspec- ting officers.

the control of any Panchayat Samiti;

(b) any institution maintained by, or under the control of, any Panchayat Samiti and any records, registers or other docu- ments kept in such institution; and

(c) the office of any Panchayat Samiti and any records,

io registers or other documents kept therein.

15 (2) The Panchayat Samiti or the institution aforesaid shall be bound to afford to the officer or person referred to in sub-section (I) such access at all reasonable times, to its property or premises and to all documents as may, in the opinion of such officer, or person, be necessary to enable him to discharge his duties under this Act.

20 Power °1 revision und review by Admi- nistrator.

40. (1) The Administrator may, either on his own motion or on an application from any person interested, call for and examine the record of a Panchayat Samiti or of its Standing Committee or of any authority, subordinate to it in respect of any proceeding to satisfy himself as to the regularity of cuch proceeding or the correctness, legal'ty or propriety of any decision or order passed therein; and, if, in any case, it appears to the Administrator that any such decision or ordej should be modified, annulled or reversed or remitted for reconsideration, he may pass orders accordingly:

35

Provided that the Administrator shall not pass any order prejudi- cial to any party unless such party has had an opportunity of making a representation.

30 (2) The Administrator may stay the execution of any such deci- sion or order pending the exercise of his powers under sub-section (1) in respect thereof.

(j¹) The Administrator may, on his own motion or on an application

received from any person interested within ninety days of the passing

5

of an order under sub-section (2), review any such order, if it was passed by him under any mistake, whether of fact or of law, or in ignorance of any material fact and the provisions contained in the proviso to sub-section (2) and in sub-section (2) shall apply to any proceeding under this sub-section as they apply to a proceeding under sub-section (1).

(4) Every application preferred under sub-section (1) or sub- section (3) shall be accompanied by a fee of fifteen rupees.

10

41. (1) The Administrator may, by notification in the Official Gazette, delegate all or any of his powers or functions under this Part, except those conferred upon him by this section and section 42 to any person or authority subordinate to him and may, in like manner, withdraw any power or function so delegated.

Delegation of powera and power to transfer institu- tions and works.

(2) The exercise of any powers or functions delegated under sub-

15 section (1) shall be subject to such restrictions, limitations and conditions as may be specified in the notification.

20

(3) A Panchayat Saniiti or any person exercising or performing any powers or functions by or under the provisions of this Part may delegate any of its or his powers or functions in writing to any per- son or authority, subject to such restrictions, limitations and condi- tions as may be prescribed.

(4) The Administrator may transfer any institution or work under his management or control to a Panchayat Samiti, subject to such restrictions, limitations and conditions as may be specified by him:

25

Provided that no such transfer shall be made unless the previous consent of the Panchayat Samiti is obtained.

42. (2) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Part.

Power to make rules.

30

(2) In particular and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely: —

(i) the manner in which any election under this Part may be held and disputes relating thereto settled;

(Hi) the term of office of a member elected to a Standing Committee of a Panchayat Samiti;

(iv) the procedure to be followed at meetings of the Pan- chayat Samiti or Standing Committees thereof for the conduct of business and the number of member 3 which shall form a quorum at any meeting;

(") the terms and conditions subject to which a Panchayat 5 Samiti may borrow money;

(ui) the categories of matters on which information may be required by a Panchayat Samiti from any village officer;

(uii) regulating the appointments to the posts created

10 under sub-section (1) or sub-section (2) of section 24 and the conditions of service of the holders of such posts;

(viti) (a) the allowances of members of a Panchayat Samiti Including the President and Vice-president;

(b) the travelling allowances of the President of a Pan- chayat Samiti;

15

(c) the allowances of members of a Standing Committee of the Panchayat Samiti;

(d) the allowances of persons invited under sub-section (1) of section 15 to attend the meetings of a Panchayat Samiti or Standing Committee thereof;

30

(ix) other purposes for which the Panchayat Samiti Fund may be applied;

(a;) the preparation of budget estimates of receipts and ex- penditure of a Panchayat Samiti;

25 (xi) the maintenance of the accounts of income and ex- penditure and the statements that are to be submitted to the Administrator or the Rural Area Advisory Committee;

(xii) the form and manner of giving notices respectively under sub-section (2) and sub-section (3) of section 30;

30 (xiii) the constitution of joint committee, its powers and procedure and the method of settling difference of opinion bet- ween local authorities;

(xu) the procedure for making bye-laws by a Panchayat Samiti and publication thereof;

(xvi) the restrictions, limitations and conditions subject to which powers or functions may be delegated under sub-section (3) of section 41;

(xvii) any other matter which has to be or may be pres-

cribed.

Power of Panchayat Samiti to make bye-laws.

43. Subject to such rules as may be made under this Part, a Panchayat Samiti may, with the approval of the Administrator, make-bye-laws for regulating its procedure, for the conduct of its business and generally for carrying out any of the purposes for which it is constituted.

PART III

NYAYAiPANGHAYATS

15

44. (1) For the disposal of simple cases in any area to which this Act extends, the Administrator may, by notification in the Offi- cial Gazette, group two or more villages into a Circle and cgtab" lish a nyaya panchayat for the Circle.

Establish- ment of nyaya pan- chayats.

20

(2) In grouping two or more villages into a Circle, the Admi- nistrator shall have regard among other matters to their contiguity, the facilities of communication available and the population in- volved.

(3) The nyaya panchayat shall be known by such name as may

be specified in the notification.

45. (1) A nyaya panchayat shall consist of the following mem-

bers, namely: —

25

(a) two members elected in the prescribed manner by

Constitu- tion of nyaya pan- chaj ais.

every Gaon Panchayat in the Circle;

(b) persons co-opted by the elected members as provided

in sub-section (2).

(2) The following persons shall be co-opted by the elected

members to a nyaya panchayat,—

3c

(a) two women, if no woman has been elected to the nyaya panchayat, or one woman if only one woman has been qp elscted;

(b) one person, belonging to the Scheduled Castes, if no

such person has been elected to the nyaya panchayat.

5 46. If any Gaon Panchayat fails to elect a member of a nyaya panchayat or if the elected members of a nyaya panchayat tail to co- opt a member as required by section 45, the Administrator may nominate any person who is qualified to be so elected or co-opted, as the case may be, to nil the vacancy.

47. No person shall be eligible for election or co-option as a

member of a nyaya panchayat unless he—

(a) has completed the age of thirty years;

io Failure to elect-or oc-apt. Qualifica- tions for member- ship of nyaya pan- chayat.

(b) is ordinarily resident, in the case of a member to be elected, within the jurisdiction of the Gaon Panchayat electing him, and, in the case of a member to be co-opted within the jurisdiction oi the Circle for which a nyaya panchayat has been established;

15

(c) is able to read and write Hindi or Urdu.

48. (1) A person shall be disqualified for being chosen as, and

for being, a member of a nyaya panchayat—

(a) if he holds any office under any Gaon Panchayat in the Disquali- fications for mem- bership.

Circle or under the nyaya panchayat; or

20

(b) if he is of unsound mind and stands so declared by a

competent court; or

(c) if he is an undischarged insolvent; or

(d) if he has been dismissed from service under the Gov- ernment or a local authority for misconduct; or 25 (e) if he has been sentenced by a criminal court to impri- sonment for any offence involving moral turpitude, such offence not having been pardoned; or

(f) if he is convicted of any offence under the Untoucha-

bility (Offences) Act, 1955.

30 22 of 1955.

(2) If any question arises as to whether a member of a nyaya panchayat has become subject to any of the disqualifications men- tioned in sub-section (1), the question shall be referred to the prescribed authority whose decision shall be final. 49. (1) If a member of a nyaya panchayat—

35 Vacation of seat.

(a) becomes subject to any of the disqualifications men-

tioned in sub-section (7) of section 48; or(6) ceases to reside for the prescribed period within the jurisdiction of the Gaon Panchayat which elected him or in the case of a co-opted member, the Circle, or 40

(c) resigns his seat by writing under his hand addressed to

the sarpanch;

his seat shall thereupon become vacant.

5

(2) Where a member of a Gaon Panchayat is elected or co- opted to be a member of a nyaya panchayat, his seat in the Gaon Panchayat shall thereupon, become vacant.

10

50. (1) As nearly as possible, one-third of the members of a nyaya panchayat shall retire, as soon as may be, on the expiration of every second year in accordance with such rules as may be made in this behalf.

Term of office of members of nyaya pancha- yatg.

(2) A person retiring under the provisions of this section shall

be eligible for re-election or for being co-opted again.

15

51. Every member shall before assuming office make and sub- scribe before such authority as may be specified by the Adminis- trator in this behalf an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Oath to be taken by mem- bers of nyaya pancha- yats.

Sarpanch and up- sarpanch.

52. (1) The member shall elect in the prescribed manner one from among themselves to be the sarpanch of the nyaya panchayat and another to be the up-sarpanch.

20 (2) If a nyaya panchayat fails to elect a sarpanch or an up- sarpan.ch as required by sub-section (2), the prescribed authority may appoint any of the members to be the sarpanch or up-sarpanch, as the case may be, and such person shall be deemed to have been duly tlected as the sarpanch or up-sarpanch.

25 53. (1) The sarpanch and, in his absence, the up-sarpanch shall

preside over every sitting of the nyaya panchayat.

Duties of sarpanch and up- sarpanch.

(2) In the absence of the sarpanch and up-sarpanch, the sar- panch may nominate any member of the nyaya panchayat to pre- side civer any sitting of the nyaya panchayat.

(3| The sarpanch and up-sarpanch shall perform such other

30 functions as are specified in this Part or as may be prescribed.

54. A sarpanch or up-sarpanch—

(a) shall vacate his office if he ceases to be a member of

Vacation of office of sar- panch, etc. the nyaya panchayat;

(c) may be removed from office toy a resolution of the nyaya panchayat passed by a majority of not less than three-fourths of the then total members of the nyaya panchayat at a meeting convened in the prescribed manner.

⁵ Casual vacancies.

55. Any casual vacancy among the members of a nyaya panchayat shall be filled m the same manner as a regular vacancy, but the term of office of a member so chosen shall be the residue of the term of the person ir: whose vacancy he has been chosen.

10 56. (1) The Administrator shall appoint a secretary to each nyaya panchayat, but nothing herein contained shall prevent the appointment of the same person as secretary to two or more nyaya panchayats.

Secretary of a nyaya pancha- yat.

(2) A secretary of a nyaya panchayat shaU assist the nyaya panchayat in the performance of its functions under this Part and shall perform such other functions as may be prescribed. ¹⁵

Civil and Criminal Jurisdiction of Nyaya Panchayat

57. A nyaya panchayat shall try civil and criminal cases of the

nature specified in this Part.

Functions of nyaya pancha- yat.

A.—Civil Jurisdiction

20 58. (1) The following suits are triable by a nyaya panchayat If the amount or value thereof in each case does not exceed two hundred and fifty rupees, namely:-—

Suits triable by nyaya pancha- yats.

(a) suits for money due on contracts;

(b) suits for the recovery of any movable property or the

25 value thereof;

(c) suits for compensation for wrongfully taking or injuring

any movable property;

(d) suits for damage by cattle trespass:

Provided that parties may toy writ agreement refer any

3035 suit of the nature mentioned In this sub-section to a nyaya pan- chayat for decision by it if the amount or value of such suit does not exceed five hundred rupees and thereupon the nyaya panchayat shall dispose of such suit in accordance with the pro- visions of this Act. (2) Notwithstanding anything contained in sub-section (I), the Administrator may, by notification in the Official Gazette, declare that nyaya panchayats in the entire area or any part thereof to which

tliis Act applies may try all or any of the suits of the nature men- tioned In that sub-section or the proviso thereto, the amount or value whereoi docs not exceed five hundred rupees and one thousand rupees respectively.

5 59. Notwithstanding anything mentioned in section 58, the fol-

lowing suits are not triable by nyaya panchuyats—

(a) suits? on a balance of parLncrship account;

Suits which, may not be tried by nyaya pan ch ay att.

(b) suits for a share or part of a share under an intestacy

or for a legacy or part of a legacy under a will;

lo

(c) suits for the recovery of rent of any immovable property;

(d) suits for foreclosure, sale or redemption in the case of a mortgage of, or charge upon, immovable property or for the declaration of any other right to, or interest in, immovable pro- perty;

(e) suits by or against minors or persons of unsound mind;

J5

(f) suits by or against the Central or a State Government

or a local authority or a public servant in his official capacity;

(g) suits the cognizance of which by civil courts is barred

under any law for the time being in force.

Place of suing.

20 60. Every suit under this Act shall be instituted before the nyaya panchayat of the Circle in which the defendant, or any of the defend- ants where there are more than one, at the time of the commencement of the suit actually and voluntarily resides or carries on business or personally works for gain.

25 61. No nyaya panchayat shall try any suit in respect of any matter which is pending for decision in, or has been heard and decided by, another nyaya panchayat or a court of competent jurisdiction in a former suit between the same parties or those under whom they claim.

Suits not to be entertain- ed when matter in issue Is pending or has been de- cided in another nyaya pancha- yat or #ourt.

552 G of I—5.

5 62. If in the decision of a suit it becomes necessary to decide in- cidentally any question im to tillr? to any immovable property or the legal character of either of the parties to the suit or of the existence of any contract or obligation, the nyaya panchayat may decide such question, but any such decision shall not be evidence of such title, legal character, contract or obligation in any other action.

In"Lden_ tal deter- mination of ques- tions as to title to immov- able property, etc not binding in other actions. Limitatio i,

10 C';. Every suit of the nature referred to in section 58 instituted fcufore a nyaya panchayat after the expiry of the period specified in nspect thereof in the Table below shell Ve dismissed although limita- tion has not been set up as a defence.

TABLH

Time from which period Description of suit

Period of limitation

begins to run

Three years.

i.

When the money became due to the plaintilf.

For money due on contract.

15

When the plaintiff

Three years.

2.

became entitled to the delivery of movable property.

For the recovery of movable property or the value there- of.

Three years.

20 For compensation for

3-

When the movable pro- perty was wrongfully taken when injury was done to it.

wrongfully taking or injuring any movable property.

Three years.

For damage by cattle

4-

25 trespass.

When the damage was caused by the cattle trespass.

64. On the establishment of nyaya panchayats, any court before Transfer of suits'.

whom a suit triable by a nyaya panchayat is pending or filed shall transfer the suit to the nyaya panchayat having jurisdiction iwd such nyaya panchayat shall proceed to try, hear and determine the matter as if it had been instituted therein for the first time.

B.—Criminal Jurisdiction

G5. (/) The offences specified in the Fourth Schedule are cogni- sable by a nyaya panchayat if committed within the local limits of its jurisdiction.

Offences cognizable by nyaya pancha- yats.

5

10

(2) If the Administrator is of opinion that any offence not speci- fied in the Fourrh Schedule is of such a nature that it may be tried by nyaya panchayats or that any offence so specified should cease to be triable by them, he may by notification in the Official Gazette, amend the Fourth Schedule and, with effect from the date of such notification, any offence added to, or removed from the Fourth Sche- dule shall become cognizable or, as the case may be, cease to be cognizable by nyaya panchavats.

15

(3) Any notification issued under sub-section (2) shall not affect the trial of any criminal proceeding pending before a nyaya pan- chayat on the date of the notification and such proceeding may be disposed of by the nyaya panchayat as if the notification had not been issued.

66. Notwithstanding anything contained in section 65 no nyaya

panchayat shall take cognizance—•

20

(1) of any offence of theft punishable under section 379 of

the Indian Penal Code in any case where the accused—

13 of 1860.

Offences which may not be tried by nyaya pancha- yats.

(a) has been previously convicted of an offence punish- able under Chapter XVII of that Code with imprisonment of either description for a term of three years or upwards; or

(b) has been previously fined by any nyaya panchayat 25

for theft or for dishonestly receiving stolen property; or

5 of 1898.

(c) has boen ordered to execute a bond for his good behaviour in proceedings instituted under section 109 or 110 of the Code of Criminal Procedure, 1898; or

45 of 1860. 30 (2) of any offence under the Indian Penal Code in any case where either the complainant or tho accused is a public servant or a member of the nyaya panchayat.

Place ot trial.

(2) Notwithstanding anything contained in sub-section (7), rules made in this behalf may provide for the determination of the juris-

diction of nyaya panchayats in cases where it is uncertain in which of several Circles an offence was committed or by which nyaya pancha- yat an offence, is to be tried.

5 68. No nyaya panchayat shall try a person for an offence where he has already been tried by a court of competent jurisdiction or by another nyaya panchayat and convicted or acquitted of that offence, while such conviction or acquittal remains in force.

Persons convicted or acquit- ted not to be tried again for the same offence.

10 Limitation for criminal proceed- ings.

69: Subject to the provisions of any law for the time being in force, no nyaya panchayat shall take cognizance of any offence under this Act after the expiry of one year from the date on which the offence was committed.

15 70. A nyaya panchayat may impose on any person convicted by it of an offence cognizable by it any sentence of fine not exceeding rupees one. hundred, but it s n all n°t be competent for a nyaya pan- chayat to impose on any person convicted by it a sentence of impri- sonment, either substantively or in default of payment to fine.

Limita- tion on powers of punish- ment of nyaya pancha- yats.

20 Power to let oft offender after ad-f monition.

71. When any person is found guilty of an offence under this Act, the nyaya panchayat finding him guilty may, having regard to the circumstances of the case, including the nature of the offence and the character or antecedents of the offender, if it thinks it expedient to do so, instead of imposing any sentence of fine on the offender, let him off after due admonition.

72. Every offence cognizable by a nyaya panchayat shall be

compoundable.

Com- pounding of offences.

25 Compen- sation for false, frivolous or vexa- tious complaints

30 73. If a nyaya panchayat is satisfied, after such enquiry as it thinks fit to make, that a complaint brought, before It is false and either frivolous or vexatious, it may order the complainant to pay to the accused such compensation not exceeding rupees ten as it think fit, and such nyaya panchayat shall proceed to try, hear and determine the matter if it had been instituted therein for the first time.

Transfer of crimi- nal pro- ceedings.

Procedure

Benches of nyaya pancha- yata.

5

75. (1) Subject to such rules as may be made in this behalf, a nyaya panchayat may discharge its functions under this Act through benches constituted by the sarpanch from among its members, each bench consisting of not less than three members.

(2) Every such bench shall, as far as practicable, include a mem- ber from the village in which each party to a proceeding before the nyaya panchayat ordinarily resides.

LO

76- (I) In the trial of any suit or criminal proceeding before it, the nyaya panchayat shall in general be guided by the principles of natural justice, that is to Fay,—

Procedure in civil and criminal cases.

(i) if a claim is made against any person or any person is accused of any offence, that person shall be informed as soon as may be of the claim or the grounds of the accupation, as the case may be;

15

(ii) every such person shall be given a reasonable opportu- nity of being heard in the matter before any decision is arrived at.

(2) In particular, a nyaya panchayat shall—

20

(a) in the trial of suits, follow the procedure specified in the

Fifth Schedule; and

(b) in the trial of offences, follow the procedure specified in

the Sixth Schedule.

25

77. (7) A member of a nyaya panchayat, who is directly and personally interested in any suit or criminal proceeding pending before it, shall be disqualified from trying that case.

Disquali- fications for trying a case.

30

(2) If a party to a suit or criminal proceeding before a nyaya panchayat objects to any member thereof on the ground that lie is directly and personally interested in the suit or proceeding, and the member does not thereupon withdraw from the nyaya panchayat, the grounds of objection and the reasons for the continuance of the member shall be recorded.

78. The place in which a nyaya panchayat holds its sittings shall

be deemed to be a place to which the public may have access,

Nyaya pancha- yat to sit in public.

73. Subject to the other provisions contained in this Act and any rules made thereunder, a nyaya panchayat shall have power to regulate its own procedure, including the fixing of the places and time of its sittings.

PowW of nyaya pancha- yat to regulate its own procedure in certain matters.

⁵ 80. (1) In every proceeding coming before it, it shall be the duly of a nyaya panchayat in the first instance to make every endeavour to bring about an amicable settlement hetween the parties.

10 Duty Of nyaya pancha- yat to effect set- tlement wherever possible.

(2) Without prejudice to the generality of the powers conferred by sub-section (2), the nyaya panchayat may, for the purpose of bringing about such settlement, adjourn Iho proceeding and refer the matter to any person or persons nominated by the parties in this behalf v/ith direction"; to report to the nyaya panchayat within a time to be specified by it as to whether a settlement can be and has been effected, and shall dispose of the proceeding conformably to such report.

15

81. No legal practitioner shall be permitted to appear, plead or

act on behalf of any party before a nyaya panchayat:

Provided that a person who is arrested shall have the right to

consult and be defended by a legal practitioner of his choice.

Legal practi- tioners excluded from ap- pearance.

20 Appear- ance by agent,

82. Subject to the provisions of section 81, any party to a suit or criminal proceeding may appear before a nyaya panchayat either in person or by such agent duly authorised by him as the nyaya panchayat may admit, as a fit person to represent him.

25

30 Difficult cases may be referred by nyaya pancha- yats to district Or sessions court,

84. (1) The provisions of the Cude of Civil Procedure, 1908, shall 5 of 1908.

not apply to any suit before a nvuya panchayat.

5 ot 1898.

Certairi laws not to apply- to nyaya panuha- yats.

(2) The provisions of the Code of Criminal Procedure, 1898, shall not apply to any criminal proceeding before a nyaya panchayat.

7 of 1870, 5 (3) Nothing in the Court Fees Act, 1870, or the Indian Evidence Act, 1872, shall apply to any proceeding before a nyaya panchayat 1 of 1872.

Judicial Control of Nyaya Panchayats

10

Power to transfer criminal proceed- ings.

85. (I) If it is made Lo appear to the Chief Judicial Magistrate that in the interests ol justice it is necessary so to do, he may on application made to him in this behalf transfer any criminal pro- ceeding pending before a nyaya panchayat to another nyaya pan- chayat or to a Judicial Magistrate .subordinate to him, and Lhe nyaya panchayat or the Judicial Magistrate to whom any such criminal proceeding stands transferred, shall proceed to try, hear and deter- mine the matter as if it bad been instituted therein for the first time.

X5

20

(2) Where any application under sub-section (1) is dismissed, the Chief Judicial Magistrate may, if he is of opinion that the appli- cation was false and either frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one hundred rupees as he may consider proper in the circumstances of the case.

Revision in civil cases.

25

8tJ, The Senior Sub-Judge may, at any time, on his own motion or on application made by an aggrieved person within sixty days of the passing of any decree in a civil suit by a nyaya panchayat, call for and examine the record of the case for the purpose of satisfying himself as to the correctness, legality or propriety of the decree, and may, after giving a reasonable opportunity to the parties to be heard, pass such order thereon as he thinks fit.

30

Revision in crimi- nal cases.

5 88. .Notwithstanding anything contained in section 86 or section 87, no decree, order or sentence of a nyaya panchayat shall be varied or revised merely on the ground of some irregularity or illegality, if in the opinion of the Senior Sub-Judge or, as the case may be, the Chief Judicial Magistrate substantial justice has been done to the parties by the nyaya panchayat.

Decree, etc., not to be modified if substan- tial justice has been done.

Power to stay fur- ther pro- ceedings.

89. The Senior Sub-Judge or, as the case may be, the Chief Judi- cial Magistrate may, pending the disposal of any proceeding before him under this Act, direct that—

(i) the execution of any decree be stayed; or

ro

(ii) further proceedings in respect of any criminal proceed-

ing be stayed or the execution of any sentence be suspended.

Order in revision to be final.

90. Any order passed in revision under the provisions of this Part shall be final and iiO further application for revision or review thereof shall lie.

15

91. Except as provided in this Part, every decree, order or sent-

ence of a nyaya panchayat shall be final.

Finality of decrees, etc., of nyuya pancha- yats.

Other provisions as to nyaya panchayats

20 92. Except as provided in this Part, no civil or criminal court shall try any suit or take cognizance of any offence which is triable by a nyaya panchayat.

Jurisdic- tion of nyaya panchayat to bo ex- clusive.

93. (1) Any magistrate making an enquiry under sec-

5 of 1898.

25 Report from nyaya panchayat in main- tenance cases.

tion 488 of the Code of Criminal Procedure, 1898, may require from the nyaya panchayat in whose Circ]c the wife, child, husband or parent resides, a report as to the amount of maintenance which, having regard to the circumstances of the parties, should be made payable, and such report shall be evidence in such enquiry.

(2) No member of a nyaya panchayat shall be required to attend as a witness touching any matter on which the report itself is evid- ence, but the magistrate may call for a further report. 30

94. (1) Subject to the rules, it any, as respects quorum, a nyaya panchayat may try any civil suit or criminal proceeding notwith- standing the absence of any member.

at any hearing of the proceeding or that some of the members were not present at all the hearings.

5

95. Any decision of a nyaya panchayat, if it is not unanimous, shall be in accordance with the opinion of the majority, and where the members are equally divided in their opinion, the person pre- siding shall have a second or casting vote.

Decision of nyaya panchayat to be by majority.

10

Nyaya panchayat to have no power to alter decision, etc. 96. A nyaya panchayat shall have no power to cancel, revise or alter any order passed by it,but clerical and arithmetical mis- takes in any order or any decree arising therefrom due to any acci- dental slip or omission may at any time be corrected by the nyaya panchayat either on its own motion or on the application of any of the parties.

15

97. Subject to such rules as may be made in this behalf and to the payment of the prescribed fee, the records of a nyaya panchayat shall be open to inspection by, and certified copies thereof shall be given to, such persons as apply for the same.

Records of nyaya panchayats to be open to ins- pection.

20

98. (1) The Administrator may authorise, in consultation with the High Court exercising jurisdiction in relation to Delhi, any judi- cial Officer or may appoint a special officer for the inspection of nyaya panchayats and for the purpose of guiding and training them in the performance of their duties.

Inspection of nyaya panchayats and train- Ing of members thereof.

(2) Any report of such judicial or special officer shall be sub-

mitted to the prescribed authority-

18 of 1850,

25

99. The provisions of the Julca Officers' Protection Act, 1850, shall apply to members of nyaya panchayats in the discharge of their official duties as they apply to judges and magistrates.

Applica- tion of Judicial Officers Protection Act, 1&50.

45 of i860.

100. A conviction by a nyaya panchayat under this Act shall not be deemed to be a previous conviction for the purposes of section 75 of the Indian Penal Code or section 562 or section 565 of the Code of Criminal Procedure, 1898.

5 of 1898. 3O

101. (1) If, in the opinion of the prescribed authority, a member— (a) has been guilty of misconduct in the discharge of his

duties or of any disgraceful conduct; or

Conviction by nyaya panchayat not a previous conviction for certain purposes. Removal of mem- bers in certain cases.

55² G of 1—6

in office undesirable or has otherwise neglected or refused to perform, or has become incapable of performing any of the duties as a member; or

5 (c) has rendered himself unfit to perform the duties of his office by reason of his active association with any political party or with any religious, racial, language, caste or communal group; or

(d) should be removed from office for any other reason in the public interest;

10 he may, after giving the member an opportunity of being heard and after such enquiry as he thinks fit to make, remove him from membership.

(2) Pending such enquiry, the member may be suspended from office for such period as the prescribed authority thinks fit.

15 (3) A member removed from office under this section shall be disqualified from being chosen as a member of any nyaya panch- ayat for such period as the prescribed authority may, in the order of removal or in any subsequent order passed in this behalf, specify.

20 Power to dissolve nyaya panchayat.

102. (1) If, in the opinion of the Administrator, a nyaya panch- ayat has abused its powers or has made a persistent default in the performance of its duties or is for any other reason unable to dis- charge its functions, the Administrator may, after giving the nyaya panchayat an opportunity of furnishing an explanation, by order notified in the Official Gazette, dissolve the nyaya panchayat.

25 (2) Where a nyaya panchayat is dissolved, all the members thereof shall, from the date of the order, be deemed to have vacat- ed their offices.

(3) Where a nyaya panchayat is dissolved under this section, a new nyaya panchayat shall be established as soon as practicable in the manner provided in this Part.

30 Legal procee- dings of dis- solution of naya pancha- yat.

103. (1) As from the date of dissolution of a nyaya panchayat all civil or criminal proceedings pending before the nyaya panchayat shall, on that date, stand transferred to the Court of the Senior Sub-Judge or the Court of the Chief Judicial Magistrate, as the case may be.

(2) The Senior Sub-Judge or the Chief Judicial Magistrate, shall thereafter transfer all civil or criminal proceedings, as the case may be, to any court subordinate to him and competent to try such proceedings and such court shall proceed to try, hear and

determine the matter as if every such proceeding had been insti- tuted therein for the first time.

Power to drlegate.

5

104. The Administrator may, by notification in the Official Gazette, direct that any of the powers which may be exercised by him under this Part except those conferred upon him by this section and section 106, may also be exercised by such officer subordinate to the Administrator and subject to such conditions as may be specified in the notification and may, in like manner, withdraw any power so delegated.

10

Power to modify certain provisions,

15

105. Notwithstanding anything, contained in this Part, if the Administrator is of opinion that, having regard to the conditions prevailing in any area, it is necessary or expedient so to do. he may, by notification in the Official Gazette, declare that clause (a) of sub-section (2) of section 45 or clause (c) of section 47 shall not apply thereto or shall apply thereto with such modifications as may be specified in the notification.

106. (1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Part.

Power to make rules.

20

(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for—

(i) the manner in which any election under this Part may be held and disputes relating thereto settled;

(ii) the manner in which and the authority by which ques- tions relating to disqualifications of members may be decided;

35

(iia) the manner in which members shall periodically retire and their places filled, whether by election or co-option, as the case may be;

(iv) the authority before which members shall take the oath of office, and the allowances, if any, payable to members;

30

(v) the manner in which the sarpanch and up-sarpanch are to be elected and their powers and duties;

(vl) the conditions of service of the secretary and other servants of a nyaya panchayat and their duties;

35

(vii) the determination of the jurisdiction of a nyaya pan- chayat in cases where the scene of offence is uncertain or where the offence is a continuing one or consists of several actr;

(inii) the manner in which and the conditions subject to which benches of a nyaya panchayat may be formed;

(x) the procedure to be followed by nyaya panchayat in respect of matters within its jurisdiction;

(xi) the manner in which any decree or order passed by a nyaya panchayat may 'be executed by way of distraint and sale and the properties exempt from distraint; 5

(xii) the records and regisLers to be maintained by a nyaya panchayat and the manner in which they shall be maintained;

(xiii) the manner in which and the fees subject to the pay- ment of which records of a nyaya panchayat may be inspected and certified copies obtained;

10

(odv) the manner in which the working of a nyaya pan- chayat may be inspected and instructions or training given to members;

15 (xv) the audit of any fund placed at the disposal of a nyaya panchayat and the head of account to which any moneys rea- lised by a nyaya panchayat shall be credited;

(xvi) the authority by which and the manner in which a member may foe removed from office and appeals from any such order of removal;

20 (xvu) any other matter which has to be or may be pres- cribed.

PART IV

RURAL AREA ADVISORY COMMITTEE

25 Establish- ment of Rural Area Advisory Committee.

107. (1) With effect from such date as the Administrator may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Committee by the name of the Rural Area Advisory Committee (hereinafter referred to in this Part as the Committee).

3o (2) The Committee shall consist of the Executive Councillor in charge of rural development as the chairman and the following other members, namely: —

(i) the members elected to the House of the People from the constituencies of which the rural areas form a part;

(ii) the members elected to the Metropolitan Council fromthe constituencies situated within the rural areas; 35 (Hi) the members elected to the Municipal Corporation of Delhi from the wards situated within the rural areas;

(iv) all presidents and Vice-Presidents of Panchayat Samitis.

(u) the Chairman of the Rural Areas Committee, as and when such a committee is constituted by the Municipal Cor- poration of Delhi.

^

19 of 3966.

Explanation.—In this sub-section, ''Executive Councillor'' means the Executive Councillor referred to in sub-section (1) of section 27 of the Delhi Administration Act, 1966.

Secretary of Committee.

10

108. The Administrator shall appoint a secretary to the Com*

mittee who shall assist the Committee in the performance of its

, functions and shall perform such other functions as may be pres-

cribed.

Functions Of Committee.

109. (1) The Committee shall advise the Administrator on all matters concerning the activities of Gaon Panchayats and Pan- chayat Samitis.

15 (2) In particular, it shall be the duty of the Committee—

(a) to make recommendations to the Administrator in relation to—

(i) the budgets of the Panchayat Samitis;

(ii) the distribution among the Panchayat Samitis of the 20

ad hoc grants to be allotted to them;

(Hi) the co-ordination and consolidation of the plans proposed by the Panchayat Samitis;

{iv) the co-ordination of the work of Gaon Panchayats and Panchayat Samitis;

a5 (b) to review the progress of work done by Panchayat Samitis;

(c) to bring to the notice of the Administrator deficiencies in the rural areas and make suggestions to him for the removal of such deficiencies;

30 (d) to discharge such other functions in relation to the rural areas as may be assigned to it by the Administrator.

Meetings.

110. (1) The Committee may meet as often as may be necessary and shall observe, subject to the provisions of sub-sections (2) and (3), such rules of procedure in regard to transaction of business a* its meetings as may be prescribed:

3S

Provided that not more than three months shall elapse between one meeting of the committee and another.

(2) The Chairman of the Committee or in his absence any mem- ber nominated by him in that behalf shall preside at any meeting of the Committee.

5

10 (3) All questions at a meeting of the Committee shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman of the Committee, or in his absence the person presiding, shall have a second or cast- ing vote,

(4) The members of the Committee may be paid such allowances

as may be prescribed for attending meetings of the Committee.

111. (1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Part.

Power to make rules.

15 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) allowances of members of the Committee;

(b) meetings of the Committee and the procedure for con-

20 ducting business thereat;

(c) conditions of service of the secretary and other ser-

vants of the Committee and their duties;

(d) any other matter which has to be or may be prescribed.

PART V

AMENDMENTS TO THE DELHI LAND REFORMS ACT, 1954 AND THE DELHI 25

PANCHAYAT RAJ ACT, 1954.

112. In the Delhi Land Reforms Act, 1954, in section 153, clause Delhi Act 8 of 1954.

(b) shall be omitted.

Amend- ment of the Delhi Land Reforms Act, 1954.

Amend- ments of the Delhi Panchayat Raj Act, 1&U4.

114. As from the date on which section 113 is brought into force

(hereinafter referred to as the said date),—

Transi- tional provisions.

(2) the Panchayati Adalats shall stand abolished;

5

(2) (o) all civil proceedings pending before the Panchayati Adalat shall, on the said date, stand transferred to the court of the Senior Sub-Judge;

(b) all criminal proceedings so pending shall, on the afore- said date, stand transferred to the court of the Chief Judicial Magistrate;

10

(c) the Senior Sub-Judge or the Chief Judicial Magistrate shall thereafter transfer all civil or criminal proceedings, as the case may be, to any court subordinate to him and com- petent to try such proceedings and such court shall proceed to try, hear and determine the matter as if every such proceeding had been instituted therein for the first time;

¹5

Delhi Act 12 of 1954.

20

(3) all proceedings under sections 27 and 28 of the Delhi Land Revenue Act, 1954, pending before a Panchayati Adalat shall, on that date, stand transferred to the revenue officer competent to try such proceedings under the provisions of the said Delhi Land Revenue Act, 1954 and such revenue officer shall try, hear and determine the matter as if every such pro- ceeding had been instituted before him for the first time;

25

(4) any decree, sentence or order passed or made before the said date by any Panchayati Adalat shall be deemed, for the purpose of execution, to have been passed or made by the civil or criminal court or the revenue officer, as the case may be, competent to pass or make such decree, sentence or order immediately after the said date;

30

Delhi Act 3 of 1955.

(5) the provisions of section 75 of the Delhi Panchayat Raj Act, 1954 relating to revision shall apply to a suit, criminal case or proceeding disposed of by a Panchayati Adalat Immediately before the said date;

3540 (6) where any Panchayati Adalat has by reason of its abolition under sub-section (1) ceased to have jurisdiction with respect to any suit or criminal case, any proceeding in relation to such suit or criminal case which if that Panchayati Adalat had not ceased to have jurisdiction might have been had therein, may be had in the civil or criminal court to which the pending proceedings of the Panchayati Adalat have been trans- ferred under this section;

5 Delhi Act 3 of 1955.

(7) nothing contained in this section shall be construed as extending the period of limitation to which any suit or criminal case or proceeding or revision may be subject and the period of limitation in respect of these cases shall be as specified in the relevant provisions of the Delhi Panchayat Raj Act, 1954 as if those provisions had not been repealed by this Act.

PART VI

MISCELLANEOUS

10

45 of I860.

Members of Pan- chayat Samiti, etc., to be public servants,

115. Every member of a Panchayat Samiti or a nyaya panchayat and every person employed in the discharge of any of the duties or in the exercise of any of the powers vested in a Panchayat Samiti or a nyaya panchayat under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

15 116. No civil court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act, for the conduct of any election.

Injunction not to be granted in certain proceed- ings.

20 45 of 1860.

Disquali- fications arising out of election offences.

117. (1) Every person convicted of an offence punishable under Chapter IXA of the Indian Penal Code, or under any law or rule relating to the infringement of secrecy of voting at an election shall be disqualified from voting or for being elected in any election under this Act or for holding the office of a member of a Panchayat Samiti or a Standing Committee thereof or a member of a nyaya panchayat for a period of six years from the date of his conviction.

25

(2) The Administrator may, for reasons to be recorded, remove any disqualification under this section or reduce the period of any such disqualification.

30 Protection of acts done in good faith.

118. No suit, prosecution or other legal proceeding shall be insti- tuted against any Panchayat Samiti or any member or officer or servant thereof or any officer or servant of a nyaya panchayat or of Government for anything which is, in good faith, done or intended to be done under this Act or the rules made thereunder.

Power to remove difficul- ties.

119. If any difficulty arises in giving effect to the provisions of this Act, the Administrator may, by order published in the Official Gazette, make such provision not inconsistent with the purposes of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty.

Lajtog of rules.

5

10

120. Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately follow- ing, both Houses agree ir_ making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

THE FIRST SCHEDULE

[See section 17 (1)]

POWERS AND FUNCTIONS OP PANCHAYAT SAMTTIS

1. Community Development

15

The execution of all programmes under Community Development in association with Gaon Panchayats, co-operative societies, volun- tary organisations and the people.

2. Agriculture

20 The doing of everything necessary to step up agricultural produc- tion and in particular—

(i) multiplication and distribution of improved seeds; (ii) distribution of fertilisers;

(Hi) popularising of improved techniques, methods and prac- tices and improved implements;

25

(iv) achieving self-sufficiency in green manure and com- positing of farmyard manure;

(u) encouraging fruit and vegetable cultivation;

(ui) reclamation of land and conservation of soil;

30 (vii) providing credit for agricultural purposes;

(viii) propagating and assisting in plant protection methods;

(uc) laying out demonstration plots and working out better methods of farm management;

(x) bringing more acreage under irrigation by renovating•nd sinking w"ll", repairing and digging private tanks; 35

(xi) utilising more power for agricultural purposes; (ocii) exploiting underground water sources by sinking wells, filter points and tube wells;

(xiii) tree planting;

(xiv) growing of village forests,

5

3. Animal Husbandry and Fisheries

(i) Upgrading local stock by introducing pedigree breeding bulls •nd castrating scrub bulls.

(ii) Introducing improved breeds of cattle, sheepj pigs and poultry.

10

(ill) Controlling contagious diseases by systematic protection.

(iv) Introducing improved fodders and feeds.

(v) Establishing and maintaining of artificial Insem. aation cen- tres, first aid centres and minor veterinary dispensaries.

(vi) Dairying and milk supply.

15 (vii) Educating the people about the importance of better cattle for both milk and draught.

4- Rural Sanitation

(i) Providing drains and soakage pits for village and house drainage.

20

(ii) Encouraging the use of sanitary type of latrines and utilis- ing human waste.

(Hi) Popularising of smokeless chullas.

(iv) Securing the co-operation of the people and the panchayats during epidemics.

25

(v) Carrying out environmental sanitation campaigns and edu- cating the public in (a) nutrition, (ft) maternity and child health, (c) communicable diseases, and (d) family-planning and the like.

5. Social Education

3° The creation of a new outlook among the people and making them self-reliant, hard working and responsive to community action and in particular—

(i) establishment of Information, Community and Recrea- tion Centres;

(ii) establishment of Youth Organisations, Mahila Mandals, Farmers Club and the like;

(Hi) establishment and popularisation of libraries;

(iv) organisation o!f watch and ward;

(v) encouragement of physical and cultural activities;

5

(vi) training and utilisation of the services of Gram Sewaks.

6. Co-operation

The securing of economic development along democratic linee by

10

the application of co- operation in i ts infinitely varying forms and in particular—

(i) establishment ol Co-operative Credit, Industrial Irriga- tion, Farming and Multi-purpose Societies in order to serve the maximum number of families;

(ii) encouragement of thrift and small savings.

15 7. Cottage Industries

Development of Cottage, Village and Small Scale Industries in order to provide better employment opportunities and thereby raise the standard of living and in particular—

(i) the establishment and maintenance of production-cum- 20 training centres;

(ii) the improvement of the skills of artisans and crafts- men;

(Hi) the popularisation of improved implements; and

25

(iv) implementation of schemes for the development of Cottage, Village and Small Scale Industries financed by the Khadi and Village Industries Commission and the All-India Boards.

8. Women Welfare

30

The implementation of schemes specially designed for the welfare of women and children and in particular the establishment of Women and Child Welfare Centres, Literacy Centres, Crafts and Dress- making Centres and the like.

9. Social Welfare

(iz) Implementation of Rural Housing Schemes.

(Hi) Maintenance of diseased beggars and control of vagrancy.

(iv) Strengthening of voluntary social welfare organisations and co-ordinating their activities.

(") Propagation of temperance and prohibition.

5

(vi) Removal of untouchability.

10. Emergency Relief

10 Provision of emergency relief through voluntary effort in cases of distress owing to fires, floods, epidemics and other wide -spread calamities.

11. Collection of Statistics

Collection and compilation of such statistics as may be found necessary by the Panchayat Samiti, the Rural Area Advisory Com- mittee or the Administrator.

12. Self-Help Programme

15

Formulation and execution of suitable programmes for stepping up production and for raising the incomes and for the improvement of sanitation and for the provision of amenities for the people.

13. Trusts

Management of trusts for the furtherance of any purpose to 20 which the Panchayat Samiti Fund may be applied.

THE SECOND SCHEDULE

[See section 36 (i)]

FORM OF OATH

I,

25

, having become a member of the Panchayat Samiti do swear in the name of God that I will bear true faith and solemnly affirm

3° allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faith- fully and conscientiously discharge my duties as a member of the Panchayat Samiti and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.

THE THIRD SCHEDULE

(See ssdion 5 L)

FORM OF OATH

elected

I,

, having been co-opted to be a member

5

nominated

. ., , , j. •, swear in the name of God , of the nyaya panchayat of do . .. . , that

solemnly affirm

10 I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as the member oJ: nyaya panchayat and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.

15

THE FOURTH SCHEDULE

[See section 65 {1) and (2)]

OFFENCES TRIABLE BY NYAYA PANCHAYATS

A—Offences under the Indian Penal Code

20 Explanatory note.—The entries in the first column are not in- tended as definitions of the offences described in the corresponding sections of the Indian Penal Code or even as abstracts of those sec- tions but merely as convenient references to the subject matter of the section, the number oX which is given in the second column.

Offence

25

Section 16c

172

Committing affray Absconding to avoid service of summons, notice or other proceeding . . . . . . . ..

Not obeying a legal order to attend at a certain place in

30

174

person or by agent or departing therefrom without authority . . . . . . . ..

Intentionally omitting to produce a document by a person

175

legally bound to produce or deliver such document

178

Renising4oat{i when duly required to take it • Being legally bound to state truth and refusing to answer

35

q u e s t i o ns . . . . . . . ..

179

180

Refusing to sign a statement when legally required to do so277 Defiling the water of a public spring or reservoir 278 Making atmosphere noxious to health - Causing danger, obstruction or injury in any public way 40 283 tine of navigation

Offence

Section

Omitting to take order w i th any animal so as to guard

against danger to human life or of grievous hurt from

289 such animal . . . . . . . ..

290 Committing a public nuisance . . .. . .

5

294 Obscene acts and songs Voluntarily causing hurt . . . . . ..

323 Voluntarily causing h u rt on grave and sudden provoca-

tion not intending to h u rt any other t h an the person

who gave the provocation . . . • ••

10 Wrongfully restraining any person . . ..

334 341

Assault or use of criminal force otherwise than on grave

and sudden provocation . . . . . ..

352 358 Assault or criminal force on grave provocation

379 Theft—value of stolen property not exceeding Rs. 50

15 Dishonestly receiving or retaining stolen property know-

ing it to be stolen—value of stolen property not ex-

411 ceeding Rs. 50 •

Mischief, where the damage or loss caused amounts to

426 .

less than Rs. 50

20

428 Mischief by killing, poisoning, maiming or rendering useless any animal of the value of less than Rs. 50 ..

447 506 Criminal trespass • Criminal intimidation ,

first part

Appearing in a public place etc., in a state of intoxication

25 and causing annoyance to persons . . .. 510 Explanation I.—The offences specified against sections 172, 174, 175, 178, 179 and 180 shall be triable by nyaya panchayats only if they have been committed in relation to a nyaya panchayat or a Gaon Panchavat.

30 Explanation II.—The offences specified in this list shall include abetments of, and attempts to commit, such offences.

B Offences under other Acts

35 The Police Act, 1861, section 34. The Cattle Trespass Act, 1871, sections 24, 26 and 27. The Delhi Panchayat Raj Act, 1954. The Delhi Public Gambling Act, 1955, sections 3, 4, 7 and 12. The Prevention of Cruelty to Animals Act, 1960, sections U and

26.

THE FIFTH SCHEDULE

[See section 76 (2) (a)]

PROCEDURE FOR THE TRIAL OF SUITS

Institu- tion of suits.

:> 1. Any person wishing to institute a suit under this Act may make an application in that behalf in writing or orally to the sar- panch or up-sarpanch of the nyaya panchayat of the Circle in which the defendant, or any of the defendants, where there are more than one, ordinarily resides or carries on business at the time of the in- stitution of the suit.

Suit ins- tituted oriljy.

10 2. Where an application for the institution of a suit is made orally, the sarpanch or up-sarpanch, as the case may be, shall cause the substance of the application to be recorded without delay and get the document signed by the plaintiff-

3. A plaintiff may relinquish any portion of his claim in order to

bring his auit within the jurisdiction of the nyaya panchayat.

15

Plaintiff may forego claim to bring suit with- in juris- diction.

4. (1) In respect of every suit instituted under this Act, the fol-

lowing fee shall be payable: —

Fees in suits.

TABLE OF FEES

Value of Claim

Court fee to be paid

20      Up  to  Rs.  50                                             Re.   1.
        Exceeding  Rs.  50  but  not  exceeding  Rs.  100           Rs.   2.
        Exceeding  Rs.  100  but  not  exceeding  Rs.  200 1         Rs.  4.
        Exceeding  Rs.  200  but  not  exceeding  Rs.  300          Rs.   6
        Exceeding  Rs.  300  but  not  exceeding  Rs.  400           Rs.  8.
        Exceeding  Rs.  400  but  not  exceeding  Rs.  500          Rs.   lo.
       Exceeding  Rs.  500  but  not  exceeding  Rs.  600           Rs.   12.
       Exceeding  Rs.  600  but  not  exceeding  Rs.  700           Rs.   14.
       Exceeding  Rs.  700  but  not  exceeding  Rs.  800           Rs.   16.
       Exceeding  Rs.  800  but  not  exceeding  Rs.  900           Rs.   18.

(2) The fee may be paid in the form of court fee stamps and if court fee stamps are not available in the village where tht nyaya panchayat sits, it may be paid in cash.

Registra- tion of suits.

5. Every suit instituted under this Act shall be recorded without delay in a register of suits to be maintained in such form and in such manner as may be prescribed.

5 6. If at any time it appears to the nyaya panchayat that it has no jurisdiction to try a suit, it shall direct the plaintiff by order in writing to file his suit in the proper court.

Suits beyond jurisdic- tion.

Issue of summons.

10 7. When a suit has been duly instituted, the nyaya panchayat may cause a written summons in the prescribed form to be served on the defendant requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the plaintiff to attend and produce his evi- dence at such time and place.

Summons how to be served.

15 8. Subject to the provisions contained in rule 10, every summons issued under rule 7 shall be served in the prescribed manner per- sonally on the defendant whose signature shall be taken in token of service-

Substitut- ed service.

20 9. If the defendant cannot be found and the nyaya panchayat Is satisfied that he is evading service or if he refuses, to take the summons, the nyaya panchayat may order service to be made on an adult male member of his family residing with him or by affixing a copy thereof upon some conspicuous portion of the house In which he ordinarily resides.

25 10. (1) If a defendant is at the time of the issue of the summons outside the Circle for which the nyaya panchayat is established, the summons may be served by registered post addressed to the defen- dant at the place where the defendant for the time being resides.

Service when defendant is outside Jurisdic- tion

(2) An acknowledgement purporting to be signed by the defendant or an endorsement by a postal employee to the effect that the defendant refused to take delivery may be deemed to be prime facie proof of service.

30

11. If the plaintiff fails to appear on the date fixed for hearing or, if in the opinion of the nyaya panchayat, he shows negligence in prosecuting his suit, the nyaya panchayat may dismiss the suit, unless the defendant admits all or any part of the claim, in which case the suit ghall be decreed accordingly. 35 Disposal of suit when plaintiff fails to appear.

13. If the defendant fails to appear and the nyaya panchayat is satisfied that he has received notice of the date fixed for the hearing or that he is intentionally evading service, the nyaya panchayat may proceed ex parte.

Disposal of suit when de- pendent fails to appear.

Re-opening 5 14. (1) Any decree passed part against a defendant may on

of ex pane decrees.

10

application made ny the defendant to the nyaya panchayat toy which the decree was passed within fifteen days from the date of the decree, or, when the summons was not duly served, within lifteen days from the date the defendant had knowledge of the decree, and on pay- ment of rupee one in either case, be set aside if he satisfies the nyaya panchayat that the summons was not duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, and the nyaya panchayat shall them appoint a day for proceeding with the suit.

15• (2) No decree shall be set aside on any such application as afore-

said unless notice thereol' has been served on the opposite party.

Compro- mise el suits

20

15. A suit may be disposed of wholly or in part on the basis of an oath or by any legal agreement, settlement, compromise or satisfaction between the parties, and in any such case the nyaya panchayat shall order thj agreement, settlement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith in so far as it relates to the suit.

16. Where a suit has not been disposed of under rule 15, it shall

25

Suits to be dispos- ed of expedi- tiously.

be the duty of the nyaya panchayat to try the suit as expeditiously as possible, but when, in its opinion, it is unavoidable or necessary to a just and equitable decision of the suit, it shall have power to adjourn the hearing from time to time.

Pi AVer to

sumin'in

W ll Ml ' i ' H 'S

30

17. (1) At the hearing of any suit, parties shall produce their own witnesses, but for the proper disposal thereof, a nyaya panchayat may, subject to such rules as may be made under this Ad, hjve power to issue summons, to require the attendance of any person either to give evidence or to produce a document, to enter upon any land, or to do such other act as it may consider necessary.

(2) Any person receiving a summons or other process shall be

bound to comply with the same.

35

18. No woman who is not accustomed to appear in public and no

5 of 190S.

Exemption from personal appcar- nnee.

person who is exempted from personal appearance in any court under section 133 of the Code of Civil Procedure, 1908, shall be required to appear before a nyaya panchayat in person but their

51\2 G of I—X

statements may be obtained in such manner and on payment of such fee as may be prescribed.

5 19. Evidence given orally before the nyaya panchayat shall be on oath, and a brief memorandum ot the substance of what each person deposes shall be written and kept as part of the record in the prescribed manner.

Evidence to be on oath and a brief memoran- dum to be kept.

Decision on suit.

IO 20. The nyaya panchayat shall have power to ascertain the facts of every case by all lawful means in its power, and when all the facts have been ascertained, the parties heard and the evidence considered, the nyaya panchayat shall pass such order in writing as may seem just and equitable, and such order^shall state the finding and a brief statement of the reasons therefor.

15 21. In suits for money a nyaya panchayat may direct payment of interest on the sum decreed at a rate not exceeding six per cent, per annum from the date of the decree until the date of payment, and may also direct that decretal amount be paid by instalments.

Interest on decretal amounts and pay- ment by instal- ments.

20 22. All orders and decrees shall be dated on the day on which they are passed, and the decrees and orders and all receipts and copies issued by it shall be authenticated by the nyaya panchayat in such manner as may bo prescribed.

Authenti- cation of decrees, orders, etc.

23. If, on the application of the decree-holder or judgement-debtor, the nyaya panchayat, after inquiry, finds that the decree has been satisfied or adjusted, whether wholly or in part, the nyaya panchayat shall record such satisfaction or adjustment in the prescribed register- Satisfac- tion or adjustment of decree to be recorded.

25 Execution of decrees for money.

30 24. (I) If a decree for money remains unsatisfied for one month after the due date or any amount payable under it remains unpaid for one month after the date when it fell due, and the decree-holder applies to the nyaya panchayat for execution within one year from such date paying the prescribed fee, the nyaya panchayat shall recover the same by distraint and sale of the defaulter's movable property.

(2) The power of distraint and sale shall be subject to such rules as may be made with respect to properties exempt from attachment, the manner of its exercise and other matters relevant thereto.

(3) If, after such distraint and sale the amount of the decree is not fully recovered the nyaya panchayat shall certify accordingly to the Collector and on receipt of the certificate the Collector shall

proceed to recover the amount in the same manner as an arrear ot land revenue and remit the amount so recovered to the nyaya pan- chayat.

5

Execution of decrees for specific movable property.

in

25. If a decree for the delivery of any specific movable property remains unsatisfied for one month after the due date and the decree- holder applies to the nyaya panchayat for execution within one year from such date paying the prescribed fee, the nyaya panchayat may enforce the decree by the actual seizure of the property and its delivery to the decree-holder or if the seizure is not practicable, have it executed by enforcing payment of the sum decreed as an alterna- tive in the manner provided in rule 24.

THE SIXTH SCHEDULE

ISee section 76 (2) (b) ]

PROCEDURE FOR THE TRIAL OF OFFENCES

15 JI. /iny person wishing to institute a criminal proceeding before a nya.ya panchayat may make a complaint orally or in writing to the .sarpanch or up-sarpanch of the nyaya panchayat of the Circle in which the offence has been committed.

com- plaints in criminal proceed- ings.

20

Action on oral com- plaints.

2. WTien a complaint is made orally, the sarpanch or up-sarpanch, ³ as I he ease may be, shall draw up a statement regarding the name nf the complainant, the name of the person against whom the com- plaint is made, the nature ol the offence and such other particulars as may be prescribed, and the signature of the complainant shall be taken thereon.

25 3. (I) On every complaint a fee of one rupee shall be payable. Fee on com- plaints.

(2) The fee may be paid in the form of court fee stamps and if

court fee stamps are not available in the village where the nyaya panchayat sits, it may be paid in cash.

3O

Register of com- plaints.

4. Every complaint made under this Act shall be recorded without delay in a register to be maintained in such form and In such manner as may be prescribed.

5. If at any time it appears to the nyaya panchayat that it has no jurisdiction to try the offence or that there is no sufficient ground for proceeding with the complaint, it shall dismiss the complaint.

Com- plaints beyond jurisdic, tion.

Issue of summons.

35 (J. The nyaya panchayat may, after examining the complainant and after such further inquiry, if any, as it thinks fit to make, cause a written summons in the prescribed form to be served on the accused

requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the complainant to attend and produce his evidence at such time and place.

5 Service of summons.

7. Every summons issued under rule 6 shall be served in the prescribed manner personally on the accused whose signature shall be taken jn token of service.

10 8. If the complainant fails to appear on the date fixed for hearing or, in the opinion of the nyaya panchayat he has shown negligence in prosecuting the complaint, the nyaya panchayat may dismiss the complaint.

Dismissal of com- plaint for want of prosecu- tion,

Restora- tion or complaint.

15 9. If the complainant satisfies the nyaya panchayat that his absence was due to some unavoidable cause and that he could not notify the nyaya panchayat thereof in time or that he was not negli- gent the nyaya panchayat may restore the proceeding, but no such restoration yhall be made without giving notice to the accused if the order for dismissal had been passed after the appearance of the accused before the nyaya panchayat.

10. If the accused cannot be found or fails to appear on the

20 date fixed for hearing, the nyaya panchayat shall report the fact to

the nearest magistrate.

Procedure where accused cannot be found or fails to appear.

25

5 of 1S98.

11. (1) The magistrate shall thereupon issue a warrant for the arrest of the accused and shall direct, by endorsement on the warrant, that if such person executes a bond with sufficient sureties for his attendance before himself in the manner provided by sec- tion 76 of the Code of Criminal Procedure, 1898, he shall be released from custody.

Magistrate Lo secure attendance oJ: accused before nyaya panchayat.

30 (2) When the accused appears before the magistrate he shall direct him to execute a bond with or without sureties to appear before the nyaya panchayat on such date as he may direct and thereafter to continue to appear before the nyaya panchayat as directed by It.

(3) On his failure to execute such bond the magistrate shall oader that the accused be produced in custody before the nyaya panchayat on such date as he may direct. 35

12. If the accused fails to appear before the nyaya panchayat after executing a bond under sub-rule (2) of rule 11, the nyaya panchayat shall report the fact to the magistrate before whom the bond was executed and such magistrate shall proceed in accordance : with the provisions of Chapter XLII of the Code of Criminal Pro- 5

5 of 1898. cedure, 1898.

Procedure where accused fails to appear even after exe- cuting bond.

Power to receive evidence.

10

13. (2) When a complaint is not compounded, the nyaya pan- chayat shall receive such evidence as may be produced and may call for such further evidence as in its opinion may be necessary for the proper determination of the proceeding or may enter upon any land for inspection or do any other act which it may consider necessary.

(2) Any person receiving a summons or other process shall be

bound to comply with the same.

(3) The provisions of rule 18 in the Fifth Schedule shall apply 15

to criminal proceedings as they apply to suits.

Procedure In trial.

20

14. (1) Evidence given orally by witnesses before the nyaya panchayat shall be on oath, and a brief memorandum of the subs- tance of what each person deposes shall be written and kept as part of the record in the prescribed manner.

(2) The nyaya panchayat need not frame a formal charge but the plea of the accused and his statement, if any, shall be recorded, but no oath shall be administered to him.

25

(3) The nyaya panchayat shall have power to ascertain the facts of every case by all lawful means in its power, and when all the facts have been ascertained, the parties heard and the evidence considered, the nyaya panchayat shall record its finding, and in the case of a conviction, a brief statement of the reasons therefor and the amount of the fine imposed.

30 15. When a nyaya panchayat imposes a fine, it may, when pass- ing the order, direct that the whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.

Power to direct payment of com- pensation out of fine.

lfi. (1) If a nyaya panchayat considers that a complaint Is false and either frivolous or vexatious it may call upon the complainant to show cause why he should not pay compensation to the accused.

False, frivolous or vexa- tious com- plaints.

5

io (2) The nyaya panchayat may, after considering any cause which the complainant may show, if it is satisfied that the com- plaint was false, frivolous or vexatious, for reasons to be recorded, direct such compensation and exceeding fifty rupees as may be specified by the nyaya panchayat shall be paid by the complainant to the accused, and any such compensation may be recovered as if it were a fine imposed by the nyaya panchayat.

Recovery of fines.

15 17, Where a nyaya panchayat imposes a fine and such fine is not paid as required, it shall record an order specifying the amount of the fine imposed and that it has not been paid and shall forward the same to the nearest magistrate, who shall proceed to execute it as if it were an order passed by himself, and such magistrate may sentence the accused to imprisonment in default of payment.

THE SEVENTH SCHEDULE

(See section 113)

AMENDMENTS TO THE DELHI PANCHAYAT RAJ ACT, 1954

20 1. In section 2,—

(a) clauses (6), (7), (14), (19), (20) and (22) shall be

omitted;

(b) for clause (11), the following clauses shall be substi-

tuted, namely: —

25 ' ( / /) "nyaya panchayat" means a nyaya panchayat

established under section 44 of the Delhi Panchayat Samitis and Nyaya Panchayats Act, 1966;

30 (11 A) "Panchayat Samiti" means a panchayat samiti constituted under section 4 of the Delhi Panchayat Samitis and Nyaya Panchayats Act, 1966;'.

2. After section 15, the following sections shall be inserted,

namely:—•

"15A, No person shall be entitled to be or remain a Pradhan

of a Gaon Panchayat if he—

(b) is unable to read and write Hindi or Urdu; or

(c) is an undischarged insolvent; or

Disquali- fications for Pradhan of Gaon Pancha- yat.

(d) is a servant of Government or of any local autho-

rity; or

!-• ol iyss.

5

5 of 189s.

(e) is convicted of any offence under the Untouch- ability (Offences) Act, 1955, or of an offence involving moral turpitude, or ordered to give security for good behaviour under section 110 of the Code of Criminal Pro- cedure, 1898.

15B. (1) A Pradhan, Up-Pradhan or member of a Gaon Panchayat may be removed at any time by the prescribed authority in the prescribed manner; if he—

TO

(a) incurs any of the disqualifications mentioned in

section 15A of this Act or in section 153 of the Delhi Land ' Reforms Act, 1954, as the case may be; or

Delhi Act K of 19*4.

(h) refuses to act or becomes incapable of acting; or

Groundi on which Pradhan or Up- Pradhan or mem- ber of Gaon Pan- chayat mny be removed.

(c) without reasonable cause absents himself from three 15

or more meetings of the Gaon Panchayat; or

(d) is, in the opinion of the prescribed authority, guilty

of misconduct in the discharge of his duties; or

(e) is, in the opinion of the prescribed authority, found

to have encroached upon the Gaon Sabha land; or

20

(f) is, in the opinion of the prescribed authority, undesirable in the public interest to be continued in office; or

25

(g) has, in the opinion of the proscribed authority, acted against the interest of the Gaon Sabha or Gaon Panchayat; or

(h) disobeys any lawful order or direction Issued by any court, prescribed authority or competent officer under this Act or any other law for the time being in force; or

30

(i) has caused financial loss, waste or misappropriation of any money or property belonging to the Gaon Sabha or Gaon Panchayat, by neglect or misconduct in Lhe perform- ance of his duties.

(2) Any person who has been removed from his office by the authority referred to in sub-section (1) may, within thirty days from the date of the order, prefer an appeal to the Chief Commissioner who may, in the manner prescribed, modify, set aside or confirm the order of removal.

(3) The order of removal passed by the said authority shall not take effect before the period during which an appeal may be preferred under sub-section (2) has expired.

(4) An order passed by the Chief Commissioner on appeal

shall be final and shall not be called in question in any court. 5

(5) Where an appeal has been preferred under sUb-section (2), the Chief Commissioner may stay the operation of the order of the said authority till the appeal is disposed of.

10 (6) A Pradhan, Up-Pradhan or member removed under clauses (b) to (i) of sub-section (1) shall not be eligible for re-election as a Pradhan, Up-Pradhan or member for a period of three years from the date of the order of removal.".

3. In section 18, clause (r) shall be omitted.

4. In section 19,—

15 (a) in clause (

words "nyaya panchayat" shall be substituted

(b) in clauses (k) and (t) for the words "District Board" wherever they occur, the words "Municipal Corporation of Delhi" shall be substituted.

20 5. In section 20, for the words "District Board", the words

"Municipal Corporation of Delhi" shall be substituted.

6. For sections 29 and 30, the following sections shall be substitu-

ted, namely: —

25

30 Penalty for caus- ing loss, waste or misappli- cation of money or property of Gaon Sabha or Gaon Pan- chayat,

a of inoa.

35 "29. (2) Every Pradhan, Up-Pradhan or member of a Gaon Panchayat or of any committee constituted under this Act shall be liable for the loss, waste or misapplication of any m rr t-crty belonging to the Gaon Sabha or thp Gaon Pan chayat, if such waste, loss, or misapplication is found to be a. direct consequence of his neglect or misconduct in the per- formance of his duties as Pradhan, Up-Pradhan or member of a Gaon Panchayat or of any committee, as the case may be, and the prescribed authority may, after giving him an opportunity, by notice served in the manner provided for the service of summons in the Code of Civil Procedure, 1908, to show cause against it, direct him to make good the loss, waste or misapplication of the money or property:

Provided further that any such person may be called upon to show cause a." aforesaid during the said period of four yean and proceeded with further, even if he has ceased to hold tht respective office during this period.

5

(2) If the amount on account of the loss, waste or misappli- cation, as the case may be, is not made good within fourteen days irom the expiry of the period of appeal prescribed under sub- section (3) or the dato of decision in appeal, if any, whichever is later, the Collector, on the request of the prescribed authority, shall proceed forthwith to recover that amount as if it were an arrear of land revenue, and, after recovering the same, have it credited to the Gaon Sabha Area Fund.

to

(3) The person against whom an order under sub-section (2) is made may, within thirty days of the receipt of ?uch order, appeal to the Chief Commissioner or to such officer as the Chief Commissioner may pppoint in this behalf, and the appellate authority may, in such appeal, confirm, modify or reverse the order appealed from.

"5 (4) Nothing in this section shall be deemed to debar the Gaon Panchayat or the prescribed authority or a person autho- rised by it in writing from instituting criminal proceedings against the person referred to in sub-section (1), if the circum- stances of the case so warrant.

³⁰ 30. Every Pradhan, Up-Pradhan or member or servant of a Gaon Panchayat or any committee constituted under this Act thall be deemed to be a public servant.".

Pradhan Up- Pradhan, members and servants of Gaon Pancha- yat to be public servants.

7. In section 33, in clause (h) of sub-section (2) for the words "the District Board or any other local authority", the words "any local authority" shall be substituted.

35

8. For section 34, the following section shall be substituted, name-

Power to acquire land.

30

1 Of 1894.

"34. Where a Gaon Sabha desires to acquire any land to carry out any purpose of this Act, it shall first try to acquire the land by private negotiation and if the parties concerned fail to arrive at an agreement, such Gaon Sabha may make an applica- tion in the prescribed form to the requisite authority to acquire the land under the Land Acquisition Act, 1894, and the said au- thority may acquire such land for such Gaon Sabha.

522 O of 1—9.

Explanation.—In this Chapter, the expression "land" includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth.".

9. In section 38, in sub-section (2), the words "or by the Circle

5 Panchayat, if any" shall be omitted.

10. For section 41, the following section shall be substituted, namely: —

"41. Subject to any rules made by the Chief Commissioner in this behalf,—

10

(a) the Gaon Panchayats shall allot funds for the per- formance by nyaya panchayats of their duties under the Delhi Panchayat Samitis and Nyaya Panchayats Act, 1966; and

Expenses and reali- sation made by nyaya pancha- yats,

15 (b) all sums realised by way of court fee or fine in any suit or criminal case disposed of by a nyaya panchayat shall be appropriated in the prescribed manner and to the pres- cribed extent by the Gaon Panchayats within the jurisdic- tion of the nyaya panchayat.".

11. In section 43,—

20

(a) in sub-sections (2) and (3), for the word "pass" wher- ever It occurs, the word "adopt" shall be substituted;

(b) for sub-sections (4) and (5), the following sub-sections uhall be substituted, namely: —

25 " (4) Subject to any rules made in this behalf, the budget so adopted shall, every year and not later than such date as may be prescribed, be submitted by the Gaon Sabha to the Panchayat Samiti which shall, after scrutiny, sanction the same within a period of two months of its receipt with such modifications, if any, as may be found necessary.

30

(5) In sanctioning the budget under sub-section (4), me Panchayat Samiti shall be governed by such general or spe- cial directions as the Chief Commissioner may, from time to time, issue in this behalf.

35 (6) If, for any reason, the Gaon Panchayat fails to pre- sent its budget estimate at the kharij meeting of the Gaon Sabha or its report on the expected receipts and expenditure at the rabi meeting, the prescribed authority may prepare the budget or the report, as the case may be, and lay the

same before the Gaon Sabha which may adopt it even m an adjourned meeting and the budget so adopted shall be sub- mitted to the Panchayat Samiti for sanction under sub-sec- tion (4).

5

(7) If the Gaon Sabha fails to adopt the budget or report, within such period as may be prescribed, the prescribed authority shall certify the budget or report, as the case may be, as adopted an the budget so certified as adopted shall be submitted to the Panchayat Samiti for sanction under sub-section (4).".

10

12. Chapter VI shall be omitted.

13. In section 84,—

(a) in clause (a), the words "or a Circle Panchayat" and "or Circle Panchayat" shall be omitted;

(b) in clause (b) the words "or a Circle Panchayat" shall l5

be omitted;

(c) in clause (c), the words "or a Circle Panchayat" /md "or Circle Panchayat" shall be omitted

20

(d) in clause (d), the words "or a Circle Panchayat" and "or Circle Panchayat" and the word "or" occurring at the end shall 'be omitted;

(e) in clause (e), for the words "Gaon Panchayat, Circle Panchayat or Panchayati Adalat.", the words "or Gaon Pancha- yat; or" shall be substituted;

(f) after clause (e), the following clause shall be added, 25

namely: —

30

Delhi Act 8 of 1954, " (f) issue such orders and directions to any Gaon Sabha, Gaon Panchayat, Pradhan, Up-Fradhan or any member of Gaon Panchayat as may appear to be necessary for the pur- pose of this Act or the Delhi Land Reforms Act, 1954, or the rules framed thereunder, and it shall be the duty of the Gaon Sabha, Gaon Panchayat, Pradhan, Up-Pradhan nr member, as the care may be, to forthwith carry out such orders and comply with such directions.".

35 14. In section 85,—

(a) for sub-section (1), the following sub-section shall be

substituted, namely: —

"(1) The prescribed authority may, on iniormation re- ceived or on its own motion, by order In writing, suspend

5

10

15 the execution or further execution of a resolution or order passed or made under this Act or the rules framed there- under by a Gaon Sabha, Gaon Panchayat or any member or officer or servant thereof, or prohibit the doing of any act which is about to be done, or is being done in pursuance or under cover of this Act or the rules framed thereunder or in pursuance of any sanction or permission granted by a Gaon Sabha or Gaon Panchayat in the exercise of its powers under this Act, if in its opinion such resolution, order or act is in excess of the powers conferred by law or contrary to the interests of the general public or Gaon Sabha or Gaon Pan- chayat or is likely to cause loss, waste or damage of funds or property of the Gaon Sabha, or the execution of the re- solution or order, or the doing of the act, is likely to lead to a breach of the peace, to encourage lawlessness or to cause injury or annoyance or obstruction to the public or to any class or body of persons or danger to human life or safety.";

20 (b) in sub-section (2), for the words "Gaon Panchayat or Circle Panchayat", the words "or Gaon Panchayat" shall be sub- stituted;

(c) in sub-section (3), for the words "Gaon Panchayat or the Circle Panchayat", the words "or Gaon Panchayat" shall be sub- stituted.

15. In section 86, in sub-section (7), the words "or a Circle Pan-

25 Jiayat" shall be omitted.

16. Section 87 shall be omitted.

17, In section 88,—

(a) in sub-section (1), the words "or a Circle Panchayat or a Panchayati Adalat" shall be omitted;

30 (b) for sub-section (2), the following sub-section shall be substituted, namely: —

" (2) On the supersession of a Gaon Sabha or a Gaon Panchayat under sub-section (2), the following consequences shall ensue: —

35 (a) all members or panches of the Gaon Sabha or the Gaon Panchayat shall, from the date of notification, vacate their seats; and40 (b) the funds and other property, if any, vested in the Gaon Sabha shall be disposed of in such manner as the Chief C-jniatissioner may direct.",

18. After section 90, the following section shall be inserted, name-

l y—

5

Penalty for failure to hand over charge and cog- nizance of offence.

"90A. (1) If a Pradhan, Up-Pradhan or a member of a Gaon Panchayat who has been removed from office or whose resigna- tion from office has been accepted fails on demand by the prescribed authority to hand over the charge of his office, he shall bo punishable with imprisonment of either description which may extend to three months, or with fine, or with both.

10

(2) No court shall take cognizance of an offence punishable under sub-section (1) save on complaint made by the prescribed authority.

(3) No court inferior to that of a magistrate of the first

class shall try an offence punishable under sub-section (/).".

19. After section 92, the following section shall be inserted, name-

ly: -

15

Power to require removal of encroach- ments, etc.

20

"92A. (1) Notwithstanding anything contained in this Act and the rules made thereunder, or any other law for the time being in force, a Gaon Panchayat on receiving a report or other information and after making such inquiry, as it thinks fit, may by order require within such period as may be specified in the order—

(a) the owner or occupier of any building or land to remove any encroachment on a public street or public place, or public drain; or

25

(b) the owner or occupier of any agricultural land to destroy Pohli or any other such harmful weed or pest from such land; or

(c) the owner or occupier as aforesaid to appear before it at a time and place specified in the order and to show cause against the removal or destruction.

3°

(2) If the owner or occupier as aforesaid—

(a) fails to remove the encroachment or destroy the weed or pest and also fails to appear to show cause against the removal or destruction, or

3.5

(b) appears to show cause against such removal or des- truction, but after making such further inquiry as it thinks fit, the Gaon Panchayat is of opinion that its order is just and proper,

the Gaon Panchayat may cause the encroachment to be removed, or, as the case may be, the weed or pest to be destroyed and may recover the cost of such removal or destruction from such persons.".

20. In section 95, in sub-section (1), the words "or Circle Pancha-

5 yat" shall be omitted.

21. In section 99, in sub-section (1), the words "or a Circle Pan- chayat" and "or Circle Panchayat", wherever they occur, shall be omitted.

22. In section 100,—

ic (a) sub-section (1) shall be omitted;

(b) in sub-section (2), the words "or a Circle Panchayat" shall be omitted.

23. In section 101, for the words "District Board", the words "Municipal Corporation of Delhi" shall be substituted.

15 24. In section 102, in sub-section (2),—

(a) clauses (it), (m) to (vni) and (xxi

(b) in clause (Hi), the words "and Circle Panchayat" shall be omitted:

20 (c) in clause (v), for the words "Gaon Sabhas, Gaon Pan- chayats, Circle Panchayats and Panchayati Adalats", the words "Gaon Sabhas and Gaon Panchayats" shall be substituted;

(d) in clause (xiv), the words "Circle Panchayats and Panchayati Adalats" shall be omitted;

25 (e) in clause (xvn), the words "or Circle Panchayats" shall be omitted;

(f) for clause (xxi), the following clause shall be substi- tuted, namely:—'

"(xxi) the issue and service of notices by Gaon Pan-

30 chayats;";

(g) for clause (xxvl), the following clause shall be substi- tuted, namely: —

(h) in clause (xxvii), the words "the District Board or" shall be omitted;

(i) in clause (xxviii), the words "or for Circle Pancha- yats" shall be omitted;

(j) in clause (xxxiv), the words ", Circle Panchayat" shall 5

be omitted;

(k) in clause (xxxv), the words "or Circle Panchayat" shall be omitted;

(I) in clause (xxxvii), the words "Circle Panchayats, Pan- chayati Adalats," shall be omitted;

10

(m) in clause (xxxvivl), the words "and Panches of Circle Panchavats" shall be omitted.

25. In section 103, the words "or a Circle Panchayat" and "or Circle Panchayat" shall be omitted.

26. Section 105 shall be omitted.

15

11. The Schedule shall be omitted.

bTATtMLJNT OF OBJECTS AND REASONS

On the i8th August, 1965, in reply to a Starred Question in the Lok Sabha, the important changes proposed in the administrative set- up of the Union territory of Delhi were indicated by the Govern- ment. It was then stated that the Block Samitis at present con- stituted in the rural areas ox Delhi by executive orders would be converted into statutory bodies; that the law relating to nyaya pan- chayats would be brought in line with the model law suggested by the Study Group wi nyaya panchayats, and that there would also be a Rural Area Advisory Committee with the Executive Councillor in charge ol rural areas as the Chairman. This Bill has been brought forward to give effect to these changes.

2. The salient features of the Bill are as follows: —

(a) The Bill provides for the constitution of a Panchayat Samiti for each Block comprising specific contiguous Gaon Sabha areas in the rural areas of Delhi. The Panchayat Samiti will be responsible for the implementation of the community develop- ment programme in the Block in close association with Gaon Panchayats. Each Panchayat Samiti will consist of a President, Pradham; ol' Gaon Panchayats within the Block, members elected to the Municipal Corporation of Delhi, the Metropolitan Council of Delhi and the House of the People from constituencies or wards of which the Block forms a part and two women and four representatives 01 the Scheduled Castes chosen by the ex-officio members of the Simiti. The President will be elected by an electoral college consisting of the members of the Gaon Pan- chayats within the Block and all ex-officio members of the Pan- chayat Samiti. On the .-constitution of Panchayat Samitis, the Circle Panchayats functioning under the Delhi Panchayat Raj Act, 1954, will cease to exist.

(b) The Bill also provides for the establishment of a com- mittee called the Rural Area Advisory Committee to advise the Administrator on all matters concerning the activities of Gaon Panchayats and Panchayat Samitis.

(c) The Bill also seeks to make comprehensive provisions for constituting nyaya panchayat circles, comprising two or

more villages in the rural areas of Delhi. There will be a nyaya panchayat for each Circle, whose membership shall include at least two women and one person belonging to Schedule Castws. The scheme embodied in the Bill envisages a system of adminis- tration of justice in which layman would participate and ensures that Justice would be available to the people in the rural areas within easy reach and without much expense or delay. On the establishment of nyaya panchayats, the Panchayati Adalats func- tioning under the Delhi Panchayat Raj Act, 1954, will cease to exist.

3. The more important provisions of the Bill are further ex- plained in the Notes on Clauses.

NEW DELHI; G. L. NANDA,

The 21st August, 1966.

PRESIDENT'S RECOMMENDATION UNDER ART1CLB 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. 3/7/65-SR(R), dated the 23rd August, 1968 from Shri Jai Sukh Lai Hathl, Minister of State in the Ministry of Home Affairs to the Secretary. Lok Sabha.]

The President having been informed of the subject matter of the Bill to pro/ide for the constitution of Panchayat Samitis aid nyaya panchayats in the Union territory of Delhi and to make certain amendments in the Delhi Land Reforms Act, 1954, the Delhi Panchayat ^ Act, 1954, and for matters incidental thereto, reccommends, under clauses (T) a id (3) of article 117 of the Constitution, the Introduction of the said Bill m and its consideration by the Lok Sabh*

53a G of I—10

Notes on clauses

Clause 3.—It is proposed to empower the Administrator to dec- laim certain contiguous Gaon Sabha areas to be a Block and to alter the limits of any Block by including therein or excluding therefrom any Gaon Sabha area.

Clause 4.—This clause seeks to empower the Administrator to constitute for every Block a Panchayat Samitl which will be a body corporate.

Clause 5.—This clause provides that every Panchayat Samiti will consist of (1) a President, and (ii) Pradhans of Gaon Panchayats within the Blocks, members elected to the House of the People, the Metropolitan Council of Delhi and the Municipal Corporation of Delhi from constituencies or words comprising any area of the Block, and (iii) two women, and four representatives of the Scheduled Castes, elected by the ex-ofilcio members.

Clause 6.—The President of each Panchayat Samiti will be elec- ted from amongst members of the Gaon Sabhas within the Block by an electoral college consisting of members of the Panchayat within the Block and the ex-offido members of the Panchayat Samiti. There will also be a Vice-President for each Panchayat Samiti who will be elected from among its members.

Clauses 8 to 10.—Clauses 8 and 9 prescribe the disqualifications for being elected or nominated as a member of the Panchayat Samiti or for continuing as a member thereof. Clause 10 provides that ques- tions as to disqualifications of members will be decided by the pres- cribed authority.

Clause 13.—This clause provides for the constitution of six Standing Committees for every Panchayat Samiti to deal with sub- jects specified therein. Each Standing Committee will consist of the President of the Panchayat Samiti as the ex-officto member and Chairman and six other elected members. Power has been given to a Panchayat Samiti to constitute additonal Standing Committees with the approval of the Administrator.

Clauses 17 to 20—These clauses seek to enumerate the powers and functions of the Panchayat Samiti and those of its President and Vice-President,

Clause 22.—This clause enumerates the powers and functions of the Block Development Officer

Clause 24.—This clause makes provision for the creation oi postg of officers and other employees for the Panchayat Samlti.

Clause 25.—This clause provides for payment of allowances to the President, Vice-President and members of a Panchayat Samiti and its Standing Committees.

Clauses 26 and 27.—Clause 26 provides for the constitution of * Panchayat Samiti Fund and, according to clause 27, the Fund will consist of grants and loans made by Government, loans raised by the Panchayat Samiti, donations and other receipts.

Clauses 28 and 3D.—These clauses deal with the preparation, adoption and approval of the budget for each financial year and the maintenance and audit of accounts of a Panchayat Samiti.

Clause 30.—This clause prescribes the procedure for convening a meeting to dJscusa a motion expressing want of confidence in the President or the Vice-President of u Panchayat Samiti.

Clause 31.— This clause enumerates the circumstances under which the President, Vice-President or other member of a Panchayat Samiti may be removed by the Administrator and makes provision for other incidental matters.

Clause 33.—Tliis clause deals with the power of the Administrator to cancel or auepend any resolution of 0 Panchayat SamJti.

Clause 34.—This clause seeks to empower the Administrator to supersede a Panchayat Samiti under circumstances specified therein, dissolve any Standing Committee and direct the Panchayat Samiti to reconstitute a Standing Committee immediately thereafter.

Clause 37.—Thia clause makes provisions for submission by a Panchayat Samiti to the Administrator a report on its administra- tion for each financial year and for consideration r>f that report by the Rural Area Advisory Committee.

Clause 44.—This clause empowers the Administrator to group two or more villages into a Circle end to establish a nyaya panchayat for each Circle for thf> disposal of simple cases In that area.