Bare ActsThe Goa Panchayat Raj Act, 1994

Section 112

Prohibition of nuisance

Amendment status not verified — confirm the current text below against the official source.

Prohibition of nuisance.— Whoever, within a panchayat area,— (a) in any public street or public place,- (i) eases himself; or (ii) loiters or begs importunately for alms; or (iii) expose or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or (iv) carries meat exposed to public view; or (v) without proper authority defaces or writes upon or otherwise marks any building monument, post, wall, fence, tree or other thing; or (vi) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing any bill, notice or other document; or (vii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited under this Act or the rules or bye- laws made thereunder; or (b) at any time or place at which the same has been prohibited by the Panchayat by public or special notice, beats any drum or tom-tom or blows a horn or trumpet or beats any utensil or sounds any brass or other instrument or plays any music; or (c) without proper authority disturbs the public peace or order by singing, screaming or shouting or by using any apparatus for amplifying or reproducing the human voice, such as megaphone or a loudspeaker; or (d) lets loose any animal so as to cause, or negligently allows any animal to cause injury, danger, alarm or annoyance to any person; or (e) uses or permits to be used as a latrine any place not intended for that purpose; 91shall, on conviction, be punished with fine which may extend to one hundred rupees. [shall be liable to a penalty which may extend to one thousand rupees] 92[112-A. Stray cattle’s.— Notwithstanding anything contained in section 112 or in any other law for the time being in force, every Panchayat shall establish cattle pounds and may appoint pound keepers with the approval of the Director. The duties of pound keepers shall be such as may prescribed. Every pound keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the Panchayat. 112-B. Penalty for allowing cattle to stray in streets or to trespass in public or private property.— 93(1) Whoever, within the limits of a village, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property shall, on conviction, be punished,— (i) for the first offence, with a fine which may extend to rupees two hundred; (ii) for a second or subsequent offence, with a fine which may extend to five hundred rupees. ---43--- [(1) Whoever, within the limits of a village, allows any cattle which are his property or in his charge to stray in any street or to trespass upon any private or public property, shall be liable to a penalty,— (i) for the first contravention, which may extend to two thousand rupees; (ii) for a second or subsequent contravention, which may extend to five thousand rupees.] (2) An offence under this section shall be cognizable. 112-C. Impounding of cattles.— (1) It shall be the duty of every police officer and a Panchayat or the Block Development Officer to seize and take to any pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property or causing damage thereto within the limits of the Panchayat. 94(2) Whoever forcibly opposes the seizure of cattle liable to be seized under the Act and whoever rescues the same after the seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term not exceeding six months, or with a fine of Rs. 1,000/-, or with both. [(2) Whoever forcibly opposes the seizure of cattle liable to be seized under the Act and whoever rescues the same after the seizure, either from a pound or from any person taking or about to take them to a pound, shall be liable to a penalty of forty thousand rupees.] 112-D. Delivery of cattle claimed.— If the owner of cattle which are impounded under section 112 C or his agent appears and claims the cattle, the Panchayat or Block Development Officer, as the case may be, shall deliver them to him on payment of the pound fees and expenses chargeable in respect of such cattle as the Government may, from time to time, by notification in the Official Gazette, specify for each kind of cattle. 112-E. Sale of cattle not claimed.— (1) If, within seven days after any cattle has been impounded, no person claiming to be the owner of such cattle, offers to pay the pound fee and expenses chargeable under section 112 D, such cattle shall be forthwith sold by auction in the prescribed manner and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale, shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of such officer as the Panchayat authorities appoint in the behalf or the Block Development Officer that he was the owner of such cattle and shall, in any other case, form part of the Panchayat fund. (2) No police officer or any officer or official from the office of the Block Development Office or Zilla Panchayat or member or an employee or servant of the Panchayat including the pound keeper, shall, directly or indirectly, purchase any cattle at a sale under sub-section (1). 112-F. Complaint of illegal seizure or detention.— (1) Any person whose cattle has been seized under the Act or having been so seized, have been detained in contravention of the Act, may, at any time, within seven days from the date of seizure, make a complaint to the Deputy Director. (2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. If the Deputy Director on examining the complainant or the agent sees reasons to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case. ---44--- (3) If the seizure or detention be adjudged illegal, the Deputy Director shall award to the complainant for the loss caused by the seizure or detention, reasonable compensation not exceeding two hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant procuring the release of the cattle, and if the cattle have not been released the Deputy Director shall, besides awarding such compensation, order their release. (4) The compensation, fees and expenses mentioned in this section may be recovered as arrears of land revenue. (5) An appeal shall lie to the Director within a period of 30 days from any order or direction of the Deputy Director under sub-sections (2), (3), or (4) and his decision, on such appeal, shall be final. (6) The Government may sanction grants to the Panchayat for establishment of cattle pounds and or towards the expenses incurred by the Panchayat for the maintenance of cattle, on such conditions as may be prescribed. Explanation:— For purpose of section 112 A to 112 F, “cattle” means and includes, tamed animals such as bulls, bullocks, heifers, cows, and their young, elephants, camels, buffaloes, horse, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids.] CHAPTER IV Staff of Panchayats

Section 112 – The Goa Panchayat Raj Act, 1994 | DailyLaw.ai