Amendment status not verified — confirm the current text below against the official source.
Substituted by Central Act 9 of 1959 (Section 11). Section83A Suspension of power The Chief Commissioner may, be order published in the Official Gazette, direct that any Panchayati Adalat shall not exercise all or any of the powers under this Act for such period as may be specified in the order and such Panchayati Adalat shall cease to exercise such powers for the period so specified]. CHAPTER 7 EXTERNAL CONTROL Section84 Supervision The Chief Commissioner may - (a) cause to be inspected any immovable property owned by a Gaon Sabha, used or occupied by a Gaon Panchayat or a Circle Panchayat, or any work in progress under the direction of such Gaon Sabha or Circle Panchayat; (b) by an order in writing call for and inspect a book or document in the possession or under the control of a Gaon Panchayat or a Circle Panchayat; (c) by an order in writing require a Gaon Panchayat or a Circle Panchayat to furnish such statements, reports or copies of documents, relating to the proceedings or duties of the Gaon Panchayat or Circle Panchayat as he thinks fit; (d) record in writing for the consideration of a Gaon Panchayat or a Circle Panchayat any observation which he thinks proper in regard to the proceedings or duties of such Gaon Panchayat or Circle Panchayat; or (e) institute any enquiry in respect of any matter relating to a Gaon Sabha, Gaon Panchayat, Circle Panchayat or Panchayati Adalat. Section85 Prohibition of certain proceedings (1) The prescribed authority or any other officer specially empowered in this behalf by the Chief Commissioner on information received or on its or his own initiative may by order in writing prohibit the execution or further execution of a resolution or order passed or made under this Act or any other law for the time being in force by a Gaon Sabha; Gaon Panchayat. Circle Panchayat or any officer or order is of a nature as to cause or likely to cause obstruction, annoyance or injury to the public or to any class or body of person lawfully employed, or danger to human life, health or safety or riot or affray. It or he may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution of order. (2) Where an order is made under sub-section (1), a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority or the aforesaid officer to the Chief Commissioner who may after calling for an explanation with or without record from the Gaon Sabha, Gaon Panchayat or Circle Panchayat or the officer or servant thereof and considering the explanation, if any, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1) and continuing in force, it shall be the duty of the Gaon Sabha, Gaon Panchayat or the Circle Panchayat or any officer or servant thereof if so required by the authority making such order to take any action which it or he would have been entitled to take, if the resolution or order had never been passed or made and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the execution or further execution is prohibited. Section86 Default in the performance of duty (1) If, at any time, it appears to the Chief Commissioner that a Gaon Sabha or a Gaon Panchayat or a Circle Panchayat has made default in the performance of any duty imposed on it by or under this Act or any other law for the time being in force, the Chief Commissioner may, by order in writing, fix a period for the performance of that duty. (2) if the duty is not performed within the period so fixed, the Chief Commissioner may direct such authority as may be specified to perform it and may further direct that the expenses, if any, of performing the duty shall be paid from the Gaon Sabha Area Fund and thereupon the person having custody of the Fund shall pay the amount from such Fund. Section87 Appointment in case of default in filling up vacancies on a Circle Panchayat or of a Sarpanch or Naib Sarpanch If for any reason - (1) A Gaon Sabha fails to elect a panch under sub-section (3) of Section 4 or Section 52, or (2) a Circle Panchayat fails to elect a Sarpanch or a Naib Sarpanch, under sub-section (5) of Section 44 or Section 52, within the time prescribed, the Chief Commissioner or any officer appointed by him in this behalf may appoint a duly qualified person to hold office as a panch, Sarpanch or a Naib Sarpanch of the Circle Panchayat, as the case may be, and any person so appointed shall hold office as if he had been duly elected under this Act. Section88 Supersession of a Gaon Sabha or a Gaon Panchayat or Circle Panchayat or a Panchayat Adalat (1) If in the opinion of the Chief Commissioner a Gaon Sabha or a Gaon Panchayat or a Circle Panchayat or a Panchayati Adalat is incompetent to perform or persistently makes default in the performance of a duty imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its powers or should there be any other reason which in the opinion of the Chief Commissioner necessitates the supersession of the body, the Chief Commissioner may, by notification in the Official Gazette, supersede it. (2) On the supersession of a Gaon Sabha or a Gaon Panchayat or a Circle Panchayat or a Panchayati Adalat under sub-section (1) the following consequences shall ensue : (a) all members or panches of the Gaon Sabha or the Gaon Panchayat or Circle Panchayat shall be disposed Adalat shall from the date of notification vacate their seats; (b) the funds and other property, if any, vested in the Gaon Sabha or Circle Panchayat shall be disposed of in such manner as the Chief Commissioner may direct; and (c) the Senior Sub-Judge [The Additional District Magistrate] or the Collector, as the case may be, shall withdraw all [civil, criminal and revenue cases] pending before such Circle Panchayat or Panchayati Adalat and dispose of them in accordance with law. (3) The Chief Commissioner may at any time establish another such body in the place of the one so superseded under this section in accordance with the provision of this Act. (4) Until the body superseded under sub-section (1) is established, the duties, powers and functions of the body so superseded shall be discharged, exercised and performed by such person or authority as the Chief Commissioner may specify. Section89 Delegation of power by the Chief Commissioner The Chief Commissioner may delegate all or any of his powers under this Act to any officer or authority subordinate to him subject to such conditions and restrictions as he may deem fit to impose. CHAPTER 8 PENALTIES AND PROCEDURE Section90 Penalties for infringement of the provisions of the Act Whoever contravenes any provision of this Act shall be punishable unless otherwise prescribed with fine, which may extend to ten rupees and when the breach is a continuing one with a further fine which may extend to one rupee for every day after the first conviction during which an offender is proved to have persisted in the offence. Section91 Infringement of rules and bye-laws In making a rule, the Chief Commissioner, and in making a bye-law, the Gaon Panchayat may direct that a breach of it shall be punishable with fine which may extend to ten rupees, and when the breach is a continuing one, with a further fine which may extend to one rupee for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. Section92 Penalty for tampering with the Gaon Sabha 's property (1) Whoever removes, displaces or makes an alteration in, or otherwise interferes with, any pavement, gutter or other material of a public street, or any fence, wall or post thereof, or a lamp post or bracket, direction post, stand-post, hydrant, or other such property of the Gaon Sabha without the written sanction of the Gaon Panchayat shall be punishable with fine which may extend to ten rupees. (2) If through any act, neglect or default on his part, a person has incurred a penalty imposed by sub-section (1) and has caused any damage to the property of a Gaon Sabha, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty, and the damages may be recovered from the offender in the prescribed manner. Section93 Disobedience to notice issued If a notice has been given to a person under the provisions of this Act or of any rule or bye-law made thereunder to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do or refrain from doing anything within a time specified in the notice and such person fails to comply with the notice, then - (a) the Gaon Panchayat may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the prescribed manner; (b) such person shall also be liable on conviction before a magistrate to a fine which may extend to ten rupees and in case of continuing breach to a further fine which may extend to one rupees for each day after the date of the first conviction during which the offender is proved to have persisted in the offence. Section94 Notice not to be invalid No notice shall be invalid on account of any defect of or omission in its form. Section95 Appeals (1) Any person aggrieved by an order or direction made by a Gaon Panchayat or Circle Panchayat under the Act or under any rule or bye-law may, unless otherwise prescribed, within 30 days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to the prescribed authority which may vary, set aside or confirm the said order or direction and may also award costs to or against the person filing the appeal. (2) The prescribed authority may, if a thinks fit, extend the period allowed by subsection (1) for appeal. (3) The decision of the prescribed authority under sub-section (1) shall be first and shall not be questioned in any court of law. Section96 Suspension of prosecution in certain cases When an appeal has been filed against on order or direction under Section 95, any proceeding to enforce such order or direction and any prosecution for the breach thereof may, by order of the prescribed authority, by suspended pending the decision of the appeal, and if such order, or direction is set aside on appeal, dis obedience thereof shall be deemed to be an offence. Section97 Power to compound offences (1) Subject to any rule made in this behalf a Gaon Panchayat may, either before or after the institution of any case, compound an offence against this Act or any rule or bye-law made thereunder on payment's of such sum in cash to the Gaon Sabha as may be prescribed. (2) When an offence has been compounded the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. (3) All sums paid by way of composition under this Section shall be credited to the Gaon Sabha Area Fund. Section98 Entry and inspection The Pradhan or Up-Pradhan of the Gaon Panchayat, and if authorised in this behalf by the Gaon Panchayat, any other member, officer or servant of the Gaon Panchayat may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Gaon Panchayat is authorised by this Act or by rules or bye- laws made thereunder to make or execute, or which is necessary for a Gaon Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws to make or execute : Provided that - (a) except when it is in this Act or rules or bye-laws otherwise expressly provided, no such entry shall be made between sunset and sunrise, and (b) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered except with the consent of the occupier thereof and without giving and said occupier not less than four hours previous written notice of the intention to make such entry, and (c) sufficient notice shall in every instance be given even when any premises can otherwise be entered without notice to enable the inmates of an apartment appropriated for females to remove to some part of the premises where there privacy shall not be disturbed, and (d) due regard shall always be had to the social and religious usages of the occupants of the premises entered. Section99 Suits against Gaon Sabha, Gaon Panchayat or Circle Panchayat or its officers (1) No suit or other legal proceeding shall be instituted against a Gaon Sabha or a Gaon Panchayat or a Circle Panchayat or against a member, panch officer or servant of the Gaon Panchayat or Circle Panchayat or against any person acting under its or his direction for anything done or purporting to have been done in any official capacity under this Act, until the expiration of two months next after notice, in writing has been, in the case of a Gaon Sabha or Gaon Panchayat or Circle Panchayat, delivered in or left at the office of the Gaon Panchayat or Circle Panchayat and in the case or a member, panch, officer or servant or any person acting under this direction or the direction of the Gaon Panchayat or Circle Panchayat, delivered to him or left at his office or place of abode, explicity stating the cause of action, the nature of the relief sought, the amount of compensation, if any, claimed and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left. (2) No action such as is described in sub-section (1) shall be commenced otherwise than within six months next after the accrual of the cause of action. Section100 Protection to Gaon Sabha, Gaon Panchayat, Circle Panchayat and Panchayati Adalat (1) The provisions of the Judicial Officer's Protection Act, 1850, shall apply to the members of Panchayati Adalat. (2) No suit or prosecution shall be enertained in any court against a Gaon Sabha or a Gaon Panchayat or a Circle Panchayat or any member or panch thereof or any person acting under its or his direction in respect of anything in good faith done or intended to be done under this Act or any rule or bye-law made thereunder. Section101 Dispute between Gaon Panchayats inter se or with other bodies If any dispute arises between two or more Gaon Panchayats or between a Gaon panchayat and the District Board it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any court of law. CHAPTER 9 RULES, BYE-LAWS AND REPEALS Section102 Power to make rules (1) The chief Commissioner may, subject to the condition of previous publication by notification in the Official Gazette, make rules consistent with this Act to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for - (i) any matter for which power to make provision is conferred expressly or by implication on the Chief Commissioner by this Act. (ii) the establishment of Circle Panchayats and Panchayati Adalats; (iii) the time and place of the meetings of Gaon Sabha and Circle Panchayat, the manner of convening meetings, giving notice thereof and the conduct of proceedings at the meetings; (iv) the establishment of committees and the determination of all matters relating to the constitution and procedure of such committees; (v) the records and registers that shall be maintained by Gaon Sabha, Gaon Panchayats, Circle Panchayats and Panchayati Adalats and the form in which they are to be; (vi) the action to be taken on the occurrence of a vacancy in the Circle Panchayat and Panchayati Adalat; (vii) the authority by which dispute in relating to appointments to Circle Panchayat, other committees or Panchayati Adalats may be decided and the procedure to be followed therein; (viii) management and regulation of provident fund for servant of Circle Panchayati if the system of provident fund is adopted by any Circle Panchayat;