Section 1898

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

– A Magistrate may direct any inquiry to be made under section 202* of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) by a nyaya panchayat in any case in which the offence is committed within the territorial jurisdiction of such nyaya panchayat and the nyaya panchayat shall inquire into the case and submit its report to the said Magistrate. @303. Youthful offenders. – Instead of passing a sentence, the nyaya panchayat may discharge after due admonition a youthful offender who in the opinion of such nyaya panchayat is, at the time of conviction for the offence, under the age of sixteen years. @304. Order to maintain wives and children. – (1) If any person within the jurisdiction of a nyaya panchayat, having sufficient means, neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the nyaya panchayat may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or child at such monthly rate, not exceeding twenty-five rupees in the aggregate, as the nyaya panchayat thinks fit and to pay the same to such person as the nyaya panchayat, from time to time, directs. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. * Now, Section 202 of Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 627 (2) Such allowance shall be payable from the date of the order, or if so ordered, from the date of application for maintenance. (3) If any person so ordered fails without sufficient cause to comply with the order, the nyaya panchayat may recover the amount due in the manner provided in sub-section (3) of section 296, and may also sentence such person, for the whole or any part of each month’s allowance remaining unpaid, to fine which may extend to ten rupees. (4) The provisions of sections 488*, 489* and 490* of the Code of Criminal Procedure 1898* (Central Act 5 of 1898), shall, as far as may be, apply to the proceedings under this section. Miscellaneous. @305. Res-judicata and pending suits and cases. – (1) No nyaya panchayat shall try and suit in respect of any matter which is pending for decision in or has been heard and decided by a court of competent jurisdiction in a former suit between the same parties or those under whom they claim. (2) Where a case is pending in any court against an accused person in respect of any offence or where an accused person has been tried for any offence, no nyaya panchayat shall take cognizance of any such offence or on the same acts, of any other offence of which the accused might have been charged or convicted. @306. Institution of suits and cases. – (1) Any person who wishes to institute a suit or case under this Act before a nyaya panchayat shall make an application orally or in writing to the President of the nyaya panchayat, or during his absence from the commune panchayat or when he is incapacitated by reason of serious illness or otherwise from receiving application, to the Vice-President of the nyaya panchayat or in the absence of both the President and Vice-President from the commune panchayat or when both of them are incapacitated by serious illness or otherwise from receiving the application, to such other member of the nyaya panchayat as the President of the nyaya panchayat may appoint in this behalf and shall, at the same time pay, the prescribed fee. (2) Where a suit or case is instituted orally the President, Vice-President or member to whom the application is made shall, without delay, record the prescribed particulars and shall take the signature of the applicant thereon. (3) Subject to the provisions of section 282, the President or in his absence the Vice-President or in the absence of both, the other member mentioned in sub-section (1) shall fix a date for the first hearing of such application and give due notice thereof to the applicant and to the members of the nyaya panchayat. (4) The nyaya panchayat shall cause the particulars of every application, written or oral, made under this section to be entered in a register to be kept for that purpose. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. * Now, Sections 126, 127, and 128 of the Code of Criminal Procedure, 1973. 628 @307. Summons to be issued to the defendant or accused. – The nyaya panchayat, after hearing the application, shall cause a written summons in the prescribed form to be served in the prescribed manner on the defendant or the accused, as the case may be, 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 or the complainant to attend and produce his evidence at such time and place: Provided that the nyaya panchayat may, for reasons to be recorded in writing, after hearing the application and examining the plaintiff or the complainant, refuse to issue summons and dismiss the suit or complaint. @308. Disposal of suits and cases in absence of party concerned. – (1) If the plaintiff or complainant fails to appear, after having been informed of the time and place fixed for the hearing, the nyaya panchayat may hear and decide the suit or case in his absence. (2) The nyaya panchayat may hear and decide a suit or case in the absence of the defendant or the accused, if a summons has been served upon him or if he has been informed of the time and place fixed for hearing: Provided that no sentence shall be passed by a nyaya panchayat on any accused, unless he has appeared, either in person or by a representative, before the nyaya panchayat and the substance of his statement has been recorded in the prescribed register. (3) If, after the service of summons upon him, an accused fails to appear, either in person or by a representative, the nyaya panchayat may apply to the Sessions Judge or to any officer not below the rank of a Magistrate of the first class authorised by the Sessions Judge in this behalf, and such Sessions Judge or officer shall compel the accused to appear in person or by his representative before the nyaya panchayat as if he were a court trying the case. (4) Where an accused person has, under sub-section (3), been compelled to appear before the nyaya panchayat, the nyaya panchayat shall forthwith take his statement, and thereafter his attendance at the hearing of the case shall not be compulsory. @309. Issue of summons to witnesses. – (1) Subject to such rules as may be prescribed, a nyaya panchayat may, if it considers the evidence of, or production of a document by, any person necessary in a suit or case, issue and cause to be served in the prescribed manner a summons in the prescribed form on such person to compel his attendance or to produce or cause the production of such document and such person shall be bound to comply with the directions contained in the summons. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 629 (2) If any person, who is summoned by a nyaya panchayat to appear to give evidence or to produce any document before it, wilfully disobeys such summons, the nyaya panchayat may make a complaint to the Magistrate having jurisdiction and the said person shall be punishable with fine which may extend to twenty rupees. (3) No nyaya panchayat shall compel any person to give evidence or to disclose any communication which such person cannot be permitted to give or compelled to disclose under the provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872) or any other law for the time being in force. @310. Assistance of police to the nyaya panchayat. – Every police officer functioning within the jurisdiction of nyaya panchayat shall be bound to assist the nyaya panchayat in the exercise of its lawful authority. @311. Fresh hearing of pending suits, etc., if more than one-half of members vacate office. – Where, at any time, more than one-half of the total number of members of a nyaya panchayat vacate office and are succeeded by new members, such nyaya panchayat shall hear and dispose of all suits, cases and proceedings pending at that time: Provided that the hearing of such suits, cases and proceedings shall commence anew as if they were instituted before such nyaya panchayat. @312. Nyaya panchayat not to revise or alter its decision. – (1) Except as provided in sub-section (2), a nyaya panchayat shall have no power to cancel, revise or alter any decree or order passed by it. (2) On an application made within one month from the date of the decree or order of the nyaya panchayat, the nyaya panchayat, may, for sufficient reasons to be recorded in writing, restore any suit which has been dismissed for default or in which an ex-parte decree has been passed against the defendant. @313. Right of an arrested person to be defended by a legal practitioner. – Notwithstanding anything contained in section 284 or sub-section (5) of section 296, a person arrested shall have the right to consult and be defended by a legal practitioner of his own choice. @314. Applicability of certain sections of the Code of Criminal Procedure, 1898 to nyaya panchayat. – The provisions of sections 403*, 476*, 476-A* and 476-B* of the Code of Criminal Procedure, 1898* (Central Act 5 of 1898), shall apply to a nyaya panchayat. @315. Power of Government to dissolve a nyaya panchayat. – (1) If, in the opinion of the Government, a nyaya panchayat is not competent to perform or persistently makes default in performing the functions imposed on it by law or exceeds or abuses its power, it may, by notification, dissolve the nyaya panchayat with effect from such date as may be specified therein, but a new nyaya panchayat shall be established in lieu thereof, within a period of six months from the date of such dissolution: @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. * Now, Sections 300, 340 & 343, 340 (2) and 341 (1) of Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 630 Provided that the Government may, for reasons to be recorded in writing, postpone the establishment of the new nyaya panchayat for a further period; so however that the interval between the dissolution and the establishment aforesaid shall not exceed one year. (2) On the date fixed for the dissolution of the nyaya panchayat under sub-section (1), all its members including the President and Vice-President shall forthwith be deemed to have vacated their offices. (3) Before publishing a notification under sub-section (1), the Government shall communicate to the nyaya panchayat the grounds on which it proposes to dissolve the nyaya panchayat, fix a reasonable period for the nyaya panchayat to show cause against such proposal and consider its explanations and objections, if any. @316. Appointment and functions of the secretary of nyaya panchayat. – (1) The Commissioner shall function as secretary of the nyaya panchayat in addition to his normal duties. (2) The Commissioner shall have the right to attend the sitting of the nyaya panchayat, but shall not have the right to intervene or to vote. (3) It shall be the duty of the Commissioner to assist the President of the nyaya panchayat in keeping registers and other documents and records and in recording proceedings. @317. Power of Government to make rules. – The Government may, by notification, make rules for – (i) regulating the conduct of the business before the board; (ii) regulating the control to be exercised over the board; (iii) the appointment of officers and servants required for the purposes of a nyaya panchayat; (iv) the apportionment of the expenditure of a nyaya panchayat among the village panchayats in the commune panchayat; (v) the receipt and custody of all documents and records by or on behalf of nyaya panchayats and the grant of copies of decrees and other records; (vi) the fee payable on the institution of suits and cases; (vii) the levy of fees for the service of process, the execution of decrees and the grant of decrees; (viii) any other matter which is necessary to give effect to the provisions of this Chapter. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 631 CHAPTER – X RULES, BYE-LAWS AND PENALTIES Rules. #318. Power of Government to make rules. – (1) The Government shall, in addition to the rule-making powers conferred on it by any other provisions contained in this Act, have power to make rules generally 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 all or any of the following matters, namely: -- (i) the principles to be followed in regard to the exclusion of any local area from, or the inclusion of any local area in a panchayat village under sub-section (2) of section 3; (ii) all matters relating to electoral rolls or elections, not expressly provided for in this Act, including the conduct of inquires and the decision of disputes relating to electoral rolls or elections; (iii) the period within which a commune panchayat council may co-opt. women and members of the Schedule Castes under the proviso to sub-section (1) of section 9 and the manner of filling vacancies if no women or members of the Scheduled Castes is co-opted; (iv) the determination of the population for the purposes of this Act; (v) the interpellation of the Chairman and Vice-Chairman by the members of a commune panchayat council and of the President of a village panchayat by the members of the village panchayat and the moving of resolution at meetings; (vi) the constitution of committees of the commune panchayat councils and of village panchayats, the inclusion of outsiders therein and the delegation of functions to such committees; (vii) the procedure to be followed at meetings of the commune panchayat councils and at committees thereof and for the conduct of business and the number which shall form a quorum at any meeting; # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 632 (viii) the classification of resolutions of panchayats as those involving financial implications or otherwise and for laying down the proportion of the sanctioned strength of panchayat with whose support such resolution shall be carried; (ix) the powers of the commune panchayat council, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of the Commissioners; (x) the travelling and other allowances of the Chairman, vice- Chairman and other members of the commune panchayat council and of members of the committees of the commune panchayat council; (xi) the delegation of any function of a village panchayat or commune panchayat council to the President, Chairman, member, any officer of the village panchayat or commune panchayat council or any servant of the Government; (xii) the lodging and investment of the moneys of the village panchayat and the commune panchayat council and the manner in which such moneys may be drawn upon; (xiii) the transfer of allotments entered in the sanctioned budget of a village panchayat or commune panchayat council from one head to another; (xiv) the estimates of receipts and expenditure, returns, statements and reports to be submitted by village panchayat and commune panchayat council; (xv) the preparation of plans and estimates for works and the power of village panchayats and commune panchayat council and of servants of the Government to accord professional or administrative sanction to estimates; (xvi) the accounts to be kept by village panchayats and commune panchayat councils, the audit and publication of such accounts and the conditions under which rate payers may appear before auditors, inspect books and accounts, and take exception to items entered or omitted; (xvii) the powers of auditors to disallow and surcharge items, appeals against orders or disallowance or surcharge, and recovery of sums disallowed or surcharged; 633 (xviii) the powers of auditors, inspecting and superintending officers and officers authorised to hold inquiries, to summon and examine witness and to compel the production of documents and all other matters connected with audit, inspection and superintendence; (xix) the conditions on which property may be acquired by a village panchayat or commune panchayat council, or on which property vested in or belonging to a village panchayat or commune panchayat council may be transferred by sale, mortgage, lease, exchange or otherwise; (xx) the conditions on which and the mode in which contracts may be made by or on behalf of village panchayats and commune panchayat councils; (xxi) the assessment of taxes under this Act and the revision of assessment; (xxii) the acceptance in lieu of any tax due under this Act of any service by way of labour, cartage or otherwise; (xxiii) the realisation of fees due in respect of the use of cart-stands and the like, whether by the seizure and sale of the vehicle or animal concerned or any part of its burden, or otherwise; (xxiv) the forms and contents of licences, permissions and notices granted or issued under this Act, the manner of their issue or the method of their service and the modification, suspension or cancellation thereof; (xxv) the powers of executive authorities and Commissioners to call for information on any matter, to summon and examine witnesses, and to compel the production of documents; (xxvi) the use of the facsimiles of the signatures of the executive authorities, Commissioners and officers of village panchayats and commune panchayat councils; (xxvii) the grant to the public of copies of any proceedings or record of the village panchayat or commune panchayat council not relating to any matter classified as confidential by the Government or any authority 634 empowered by it, and the fees to be levied for the grant of such copies; (xxviii) prohibiting or regulating the use for any specified purposes, of any public spring, tank, well or watercourse, or of any private spring, tank, well or water-course, with the consent of its owner, or without such consent; (xxix) regulating contracts between the village panchayats and the owners or occupiers of private premises for the removal therefrom of rubbish or filth, or any kind of rubbish or filth; (xxx) the provision of burial and burning grounds, the licensing of private burial and burning grounds, the regulation of the use of all grounds so provided or licensed, the closing of any such grounds, and the prohibition of the disposal of corpses except in such grounds or other permitted places; (xxxi) the licensing of pigs and dogs and the destruction of unlicensed pigs and dogs; (xxxii) the regulation or restriction of building and the use of sites for building; (xxxiii) the removal of encroachments of any description from public roads vesting in village panchayats or commune panchayat councils and the repair of any damage caused to such roads by the person causing the damage or at his expense; (xxxiv) the determination of any claim to trees growing on public roads or other property vesting in or belonging to village panchayats or on porambokes or on lands the use of which is regulated by them under section 97 and for the presumptions to be drawn as regards the ownership of such trees; (xxxv) the imposition and recovery of penalties for the unauthorised occupation of public roads or other land vesting in or belonging to village panchayats or commune panchayat councils and the assessment and recovery of compensation for and damage caused by such occupation; 635 (xxxvi) the powers which may be exercised by the village panchayat or the executive authority or by the commune panchayat council or the Commissioner in respect of any public or private market or the user thereof, and the enforcement of any orders issued in pursuance of such powers; (xxxvii) compelling owners of cattle to stall them in cattle- sheds provided by the village panchayat and the fees leviable in respect thereof; (xxxviii) the disposal of house-hold and farmyard waste in the village, the acquisition of land by the village panchayat for laying out plots for digging pits in which such waste may be thrown, the assignment of any of those plots to persons in the village, and the conditions subject to which such assignment may be made, including the rent to be charged; (xxxix) the duties to be discharged by village officers in relation to village panchayats and their executive authorities and to commune panchayat councils and their Chairman and Commissioners; (xl) appeals against orders (including orders granting or refusing licences or permissions) passed under this Act, and the time within which appeals whether allowed by this Act, or by rules or otherwise should be presented; (xli) the classification of public roads and fairs and festivals as appertaining to the commune panchayat council or the village panchayat; (xlii) regulating the sharing between local authorities in the Union territory of the proceeds of any tax or income levied or obtained under this Act or any other Act; (xliii) the decision of disputes between two or more local authorities of which one is a village panchayat or commune panchayat council; (xliv) regulating the principles in accordance with which grants and contributions may be paid by the Government to the commune panchayat councils and village panchayats; 636 (xlv) the accounts to be kept by owners, occupiers and farmers of private markets and the audit and inspection of such accounts; (xlvi) the manner of publication of any notifications or notices to the public under this Act; (xlvii) any other matter which is required to be, or may be, prescribed. #319. Penalties for breach of rules. – In making any rule under this Act, the Government may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees or in case of a continuing breach, with fine not exceeding fifteen rupees for every day during which the breach continues after conviction for the first breach. Bye-laws #320. Bye-laws and penalties for their breach. – (1) Subject to the provisions of this Act and of any other law and to such rules as may be prescribed, a village panchayat or a commune panchayat council may, with the approval of the Director, make bye- laws for carrying out any of the purposes for which it is constituted. (2) In making a bye-law the village panchayat or commune panchayat council may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the village panchayat or commune panchayat council not exceeding fifteen rupees or, in case a continuing breach not exceeding five rupees for every day during which the breach continues after a penalty has been levied for the first breach. (3) The Government shall have power to make rules regarding the procedure for the making of bye-laws, the publication thereof, and the date on which they shall come into effect. Penalties. #321. Punishments for certain offences. – whoever, -- (a) contravenes any provision of any of the sections, sub-sections or clauses or other provisions of this Act mentioned in the column 1 of the Table in Schedule XII, or (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the sections, sub-sections or clauses or other provisions, shall be punishable – (i) with fine which may extend to the amount specified in that behalf in column 3 of the Table, and # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 637 (ii) in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure. #322. Penalty for acting as member, President, Vice-President of a village panchayat or as member, Chairman or Vice-Chairman of a commune panchayat council, when disqualified. – (1) Whoever acts as a member of a village panchayat or commune panchayat council knowing that, under this Act or the rules made thereunder, he is not entitled or has ceased to be entitled to hold office as such, shall be punishable with fine not exceeding two hundred rupees for every such offence. (2) Whoever acts as the President, temporary President or Vice-President of a village panchayat or exercises any of his functions including where he is also the executive authority, any of his functions as such and whoever acts as the Chairman, temporary Chairman or Vice-Chairman of a commune panchayat council or as Commissioner or exercises any of his functions as such knowing that, under this Act or the rules made thereunder, he is not entitled or has ceased to be entitled to hold office as such, or to exercise such functions, shall be punishable with fine not exceeding one thousand rupees for every such offence. (3) Any person who having been the President, temporary President or vice-president of a village panchayat, or the Chairman, temporary Chairman or Vice- Chairman of a commune panchayat council fails to hand over any documents of, or any moneys or other properties vested in or belonging to, the village panchayat or commune panchayat council, which are in or have come into his possession or control, to his successors in office or other prescribed authority, -- (a) in every case as soon as his term of office as such president, temporary president or Vice-President or as such Chairman, temporary Chairman or Vice-Chairman expires; (b) in the case of a person who was the vice-president also on demand by the president; and (c) in the case of a person who was the Vice-Chairman also on demand by the Chairman, shall be punishable with fine not exceeding one thousand rupees for every such offence. #323. Penalty for acquisition by an officer or servant of interest in contract work. – If any officer or other employee of a village panchayat or commune panchayat council knowingly acquires, directly or indirectly, by himself or by a partner, employer or employee, any personal share or interest in any contract or employment with, by or on behalf of, the village panchayat or commune panchayat council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (Central Act 45 of 1860): # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 638 Provided that no person shall, by reason of being a share-holder in, or member of, any company, be held to be interested in any contract entered into between such company and the village panchayat or commune panchayat council unless he is a director of such company. #324. Wrongful restraint of executive authority or Commissioner or his delegate. – Any person who prevents the executive authority or the Commissioner or any person to whom the executive authority or the Commissioner has lawfully delegated his powers of entering on or into any place, building or land, from exercising his lawful power of entering thereon or there into shall be deemed to have committed an offence under section 341 of the Indian Penal Code (Central Act 45 of 1860). #325. Prohibition against obstruction of village panchayat, commune panchayat councils, etc. – Any person obstructing a village panchayat or the commune panchayat council or obstructing or molesting the President, the executive authority or a member of the village panchayat, or the Chairman or a member of a commune panchayat council or the Commissioner or any person employed by the village panchayat or commune panchayat council or any person with whom a contract has been entered into by or on behalf of the village panchayat or commune panchayat council in the discharge of their duty or of anything which they are empowered or required to do by virtue or in consequences of this Act or of any rule, bye-law, regulation or order made thereunder, shall be punishable with fine which may extend to fifty rupees. #326. Prohibition against removal or obliteration of notice. – Any person who, without authority in that behalf, removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark erected by, or under the orders of a village panchayat or its executive authority, or by or under the orders of a commune panchayat council or the Commissioner, shall be punishable with fine which may extend to fifty rupees. #327. Penalty for not giving information or for giving false information. – Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who omits to furnish such information, or knowingly furnishes false information, shall be punishable with fine not exceeding one hundred rupees. CHAPTER – XI MISCELLANEOUS #328. Extension of provisions of the Puducherry Municipalities Act, 1973 or of any rules made thereunder. – (1) The Government may, whether at the request of the village panchayat or commune panchayat council or otherwise, by notification, declare that any of the provisions of the Puducherry Municipalities Act, 1973, or of any rules made thereunder, shall be extended to, and be in force in, the panchayat village or commune panchayat or any specified area therein. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 639 (2) The provisions so notified shall be construed with such alterations (not affecting the substance) as may be necessary or proper for the purpose of adapting them to the panchayat village or commune panchayat or specified area therein. (3) Without prejudice to the generality of the foregoing provisions, all the references, in the provisions so notified, to a municipal council or the Chairman thereof shall be construed as references to the village panchayat or commune panchayat council, the President or Chairman thereof, all references to any officer or other employee of a municipal council as references to the corresponding officer or other employee of the village panchayat or commune panchayat council, and all references to the municipal limits as references to the limits of the panchayat village or commune panchayat or specified area therein, as the case may be. #329. Power to remove difficulties. – If any difficulty arises in giving effect to the provisions of this Act, the Government may, as the occasion requires, by general or special order notified in the Official Gazette, do anything not inconsistent with the provisions of this Act which appears to the Government to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made under this section with reference to any matter relating to any provisions of this Act after the expiration of three years from the commencement of this Act. *[329-A. If any difficulty arises in giving effect to the provisions of this Act, as amended by the Puducherry Village and Commune Panchayats (Amendment) Act, 1994, the Government may, as the occasion requires, by general or special order published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to the Government to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made under this section with reference to any matter relating to any provisions of this Act after the expiration of three years from the date of commencement of the said Amendment Act]. **[329-B. Power, authority and responsibilities of Panchayats. – Save as otherwise provided in this Act, the Government may, by notification and subject to such conditions and restrictions as may be specified therein, entrust to a Panchayat with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in Schedule-XIII]. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * The section 329-A was inserted and came into force on 23-4-1994, by amendment Act 5 of 1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Section 329-B was inserted vide Act No. 2 of 2007 which came into force w.e.f 10-3-2007. 640 #330. Publication of rules, commencement of rules and notifications and placing of rules and orders on the Table of the Assembly. – (1) All rules made under this Act shall be published in the Official Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (2) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published in the Official Gazette. (3) Every rule made under this Act and every order made under section 329 shall, as soon as may be after it is made or issued, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly makes any modification in the rule or order or decides that any such rule or order should not be made, the rule or order shall thereafter 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 or order. #331. Power of Government to make suitable provisions by order when a panchayat village or commune panchayat is created or altered. – (1) In this section, unless the context otherwise requires, -- (a) "existing local authority", in relation to any local area means the municipal council or the panchayat having jurisdiction over such area immediately before the specified day; (b) "panchayat", means a village panchayat or a commune panchayat council established or deemed to be established for any panchayat village or commune panchayat, as the case may be, under this Act; (c) "specified day", means the day from which any local area is declared to be a panchayat village under sub-section (1) of section 3 or a commune panchayat under sub-section (3) of section 5 or the day from which a change referred to in any of the clauses of sub- section (2) of section 3 or of sub-section (4) of section 5 takes effect; (d) "successor local authority", in relation to any local area, means the municipal council or the panchayat having jurisdiction over such area from the specified day. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 641 (2) When – (a) any local area is declared to be a panchayat village or commune panchayat, or (b) any local area is added to a panchayat village or commune panchayat, or (c) any local area is excluded from a panchayat village or commune panchayat, or (d) two or more panchayat villages or commune panchayats are amalgamated into one panchayat village or commune panchayat, as the case may be, or (e) a panchayat village or a commune panchayat is split up into two or more panchayat villages or commune panchayats, as the case may be, the Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely: - (i) in a case falling under clause (a) or clause (d), the constitution of an interim council consisting of such number of members appointed by the Government or of members elected by the members of the existing local authorities or consisting partly of such appointed members and partly of such elected members, as the Government may determine, until the successor local authority is in due course constituted under this Act; (ii) in a case falling under clause (b), the interim increase in the number of members either by appointment of additional members by the Government or by election by the members of the existing local authorities or partly by such appointment and partly by such election, as the Government may determine, until the successor local authority is in due course constituted under this Act; (iii) in a case falling under clause (c), the removal of the members, who in the opinion of the Government, represent the area excluded from the panchayat village or commune panchayat, as the case may be; (iv) in a case falling under clause (e), the appointment of special officers to exercise the powers and to perform the duties and the functions of the successor local authorities, or bodies until such successor local authorities are in due course constituted under this Act; 642 (v) the term for which the members appointed or elected under item (i) or item (ii) or the special officer appointed under item (iv) shall hold office and the manner of holding elections and filling casual vacancies; (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authority or the Government and the terms and conditions for such transfer; (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it; (viii) the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of service of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination; (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye- laws, regulations or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Act; (x) the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted by, or in respect of, any existing local authority and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor local authority, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms (if any) in force in such other areas immediately before the specified day, until the matters so extended and brought into force are further superseded or modified under this Act; (xi) the continuance within the area of an existing local Authority of all or any budget estimates, assessments, assessment lists, 643 valuations, measurements or divisions made or authenticated by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law; (xii) the removal of any difficulty which may arise on account of any change referred to in clauses (a) to (e). (3) Where an order is made under sub-section (2) transferring the assets, rights and liabilities of an existing local authority, then, by virtue of that order, such assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee. (4) (a) Where an order is made under sub-section (2), the Government shall, before the expiry of the term of the members of special officer appointed or elected or of the local authority in whose case the number of members is reduced, take steps in accordance with the provisions of this Act, for the purpose of determining the number of members of, and for holding election for, the new village panchayat or commune panchayat council, as the case may be; (b) the members of the interim council or of the local authorities in whose case there is an interim increase or reduction in their number, or the special officer or special officers, appointed or elected, as the case may be, shall, notwithstanding the expiry of the term for which they may have been appointed or elected, continue in office until immediately before the first meeting of the new village panchayat or commune panchayat council, as the case may be; (c) save as otherwise provided by or under this section, the provisions of this Act shall so far as may be apply to any such village panchayat or commune panchayat council, its members and special officers. CHAPTER- XII REPEALS AND TRANSITORY PROVISIONS @332. Repeal and savings. – Subject to the provisions of this Chapter, all laws in force in the Union territory corresponding to the provisions of this Act, including the French Decrees, dated the 12th March, 1880; 10th May, 1882; 29th October, 1912 and 17th July, 1936, and the Puducherry Municipal Councils (Elections) Act, 1966 (Act No.1 of 1966), shall in so far they are applicable to the areas to which this Act extends, stand repealed as from the commencement of this Act: Provided that such repeal shall not affect --- (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 644 (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed. @@333. Special provisions regarding the term of councillors or members of existing council whose term is due to expire. – * (1) Notwithstanding anything contained in any repealed law under section 332 (hereinafter referred to as the repealed law) or in any other law for the time being in force, the term or extended term of office of the councillors or members of any existing council shall expire at 12.00 noon on such date or dates as the Government may, by notification, appoint in that behalf. **(2) Notwithstanding anything contained in sub-section (1), the Government may, from time to time, by notification, extend the term of office of the councillors or members of any existing council for any period beyond 12 noon of the date appointed by notification under that sub-section ; but no such extension shall be made so as to have effect after the expiry of @ [two years and nine months] from the date so appointed. Explanation. – In this section and in sections 334, 335 and 336, "existing council" means a municipal council (conseil municipal) specified in column 4 of Schedule I and which was functioning immediately before the appointed day. #334. Consequences of replacement of existing councils. – With effect on and from the commencement of this Act and subject to any general or special order which the Government may make in this behalf, the following consequences shall ensure, that is to say --- (a) every local area which immediately before the commencement of this Act is a commune under the law then in force in the Union territory shall be deemed to have been declared as a commune panchayat under this Act; (b) every existing council shall be deemed to be succeeded by the commune panchayat council shown in the corresponding entry in column 3 of Schedule I (hereinafter referred to as the successor commune panchayat council); * Renumbered by Regulation 2 of 1975 w.e.f 28.6.1975. ** Inserted by Regulation 2 of 1975 w.e.f. 28.6.1975. @ The words “one year” found in Regulation 2 of 1975 were substituted by words “two years” by Regulation; later substituted by words “two years and three months” by Regulation 4 of 1977 and finally substituted by words “ two years and nine months” by amendment Act 5 of 1977 w.e.f 23.9.1977 vide EG No. 236 dt. 24.9.1977. @@ The provisions of the original section 333 in the Principal Act came into force on the 21st day of December, 1974 vide EG No. 158, dt. 21.12.1974 # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 645 (c) notwithstanding anything contained in this Act, the total number of members of a successor commune panchayat council shall, until the first reconstitution of the commune panchayat council under this Act, be the same as that of the existing council at the commencement of this Act. Where in the case of any such commune panchayat council the total number of members thereof exceeds the total number of members notified for the commune panchayat council under clause (d), the Director shall, subject to such directions as the Government may give in this behalf, declare by notification as to which of the members holding office on the date of commencement of this Act shall be deemed to be in excess and any vacancy in the office of members so declared to be in excess shall not be filled; (d) every local area which, immediately before the commencement of this Act, was a ward of a commune under the law then in force in the Union territory shall be deemed to have been declared as a panchayat village under this Act; and the councillor representing the ward shall be deemed to represent such panchayat village: Provided that where the division into wards in the commune needs in the opinion of the Government to be revised to bring it in accordance with the provisions of this Act, the Government shall, by notification, divide the commune into panchayat villages and determine the panchayat villages which each of the members of the commune panchayat council including the Chairman and Vice- Chairman shall be deemed to represent; and if there is any casual vacancy in the office of any member of the existing council immediately before the commencement of this Act the said notification shall determine to which of the panchayat village the vacancy shall be assigned; (e) *[Omitted] (f) all property, movable and immovable, situated within the local area of a successor commune panchayat council (and all interests of whatever nature and kind in such property) which vested in the corresponding existing council immediately before the commencement of this Act and which was being used immediately before such commencement for the performance of any of the functions or duties which are required to be performed by the successor commune panchayat council under the provisions of this Act, shall be deemed to be transferred to and shall vest, without further assurances, in such successor commune panchayat council, subject to all limitations, conditions and rights or interest of any person, body or authority in force or subsisting immediately before the commencement of this Act; * Omitted by Regulation 8 of 1976 w.e.f 12.5.1976. 646 (g) all property, movable and immovable, situated outside the local area of a successor commune panchayat council but within the jurisdiction of another commune panchayat council (hereinafter referred to as the other commune panchayat council) (and all interests of whatsoever nature and kind in such property) which vested in an existing council immediately before the commencement of this Act for the performance of any of the functions or duties which were required to be performed by the existing council under the provisions of repealed law, and are not required by the successor commune panchayat council for the performances of its duties under this Act, shall be deemed to be transferred to and shall vest, without further assurances in the other commune panchayat council, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the commencement of this Act; (h) all property, movable and immovable, wherever situated (and all interests of whatsoever nature and kind in such property) which vested in an existing council immediately before the commencement of this Act and which was being used by it for a function which on and from such commencement is not required to be performed by the successor panchayat council under the provisions of this Act shall be deemed to be transferred to and shall vest, without further assurances, in the Government, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the commencement of this Act: Provided that the Government may, by order, direct that any property vesting in it under this clause which immediately before the commencement of this Act was being used for the performance of any of the functions or duties of an existing council and which after such commencement are required to be performed by a village panchayat under this Act, shall be transferred to, and shall vest without further assurances in the *[successor commune panchayat council] subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the commencement of this Act; * The words “successor commune panchayats council” substituted by Regulation 8 of 1976, w.e.f 12.5.1976. 647 (i) all rights, liabilities and obligations of an existing council (including those arising under an agreement or contract) shall be deemed to be the rights, liabilities and obligations of the corresponding successor commune panchayat council, *[omitted] the other commune panchayat council, or the Government, according as the function or duty out of which such rights, liabilities and obligations have arisen, is required to be performed on and from the commencement of this Act by such successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, as the case may be; (j) all sums due to an existing council, whether on account of any tax or otherwise, shall be recoverable by the successor commune panchayat council, *[omitted] the other commune panchayat council, or the Government, according as the duty or function out of which such sum has become due, is required to be performed on and from the commencement of this Act by the successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, as the case may be, and the successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, as the case may be, shall be competent to take any measure or institute any proceedings, which it would have been open to the existing council or any authority thereof to that effect before the commencement of this Act; (k) the fund and liabilities (other than those specified in the aforesaid clauses) of an existing council shall be deemed to be the fund and liabilities of the successor commune panchayat council; (l) all contracts made with and all instruments executed on behalf of an existing council shall be deemed to have been made or executed on behalf of the successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, according as the duty and function, as a result of which such contract was made or the instrument executed is required on and from the commencement of this Act be performed by the successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, as the case may be, and shall be performed accordingly; (m) all proceeding and matters pending before any authority functioning under the repealed laws immediately before the commencement of this Act, shall be deemed to be transferred to the corresponding authority under this Act competent to entertain and dispose of such proceedings or matters; * The words “the interim village panchayat and interim village panchayat” were omitted by Regulation 8 of 1976, w.e.f 12.5.1976. 648 (n) in all suits and legal proceedings pending on the commencement of this Act in or to which an existing council was a party, the successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, as the case may be, shall be deemed to have been substituted therefor; (o) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, regulation or form held, made, issued, imposed or granted by or in respect of an existing council under the repealed law in force in the area of such existing council, and in force immediately before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force until superseded by an authority competent so to do: Provided that --- (i) no rule made under any of the repealed law in respect of an existing council and in force immediately before the commencement of this Act shall be deemed to be inconsistent with the provisions of this Act by reason only of the fact that under this Act it is permissible to make only a bye-law or any other instrument other than a rule in respect of the matter provided for in such rule; (ii) the provisions of clause (i) of this proviso shall as far as may be apply to any bye-laws regulations, or any other instruments made under the repealed law in respect of an existing council and in force immediately before the commencement of this Act; (p) all budget estimates, assessments, assessment lists, valuations, measurements and divisions made by or in respect of an existing council under the repealed law and in force immediately before the commencement of this Act, shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made by, or in respect of the successor commune panchayat council; **[omitted]. (q) any reference in any law or in any instrument to any of the provisions of the repealed law shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act; (r) any reference in any law or in any instrument to an existing council shall, unless a different intention appears, be construed as a reference to the successor commune panchayat council, *[omitted] the other commune panchayat council or the Government, as the case may be; * The words “the interim village panchayat and interim village panchayat” were omitted by Regulation 8 of 1976, w.e.f 12.5.1976. ** The words “or the interim village panchayat, as a case may be” were omitted by Regulation 8 of 1976 w.e.f 12.5.1976. 649 (s) any reference in the above clauses to an existing council shall, in case such council had been superseded or dissolved or is not otherwise functioning, be deemed to be a reference to the person or persons appointed to exercise the powers and discharge the duties and functions of such council. *[334-A. Persons by whom certain functions or duties are to be performed or discharged.- Where any authority or functionary constituted or appointed under the repealed law was, immediately before such repeal, performing any function or was discharging any duty under that law or any other law, such function or duty shall be performed or discharged by the corresponding authority or functionary constituted or appointed under this Act: Provided that --- (i) if any question arises as to who such corresponding authority or functionary is, or (ii) if there is no such corresponding authority or functionary, the Government may, by notification, direct as to which authority or functionary shall perform such function or discharge such duty, and any such direction may be given retrospective effect from a date not earlier than the commencement of this Act. 334-B. Successor commune panchayat to exercise powers and perform functions of village panchayat.- (1) Notwithstanding anything contained elsewhere in this Act or any other law for the time being in force, a successor commune panchayat council shall, until a village panchayat is constituted within its territorial jurisdiction, exercise all the powers (including the power to impose any tax) and perform all the functions of such village panchayat. (2) Any amount received or expended shall be credited or, as the case may be, debited, to the account of the village panchayat concerned, and, for the said purpose, the Chairman and the Commissioner of the successor commune panchayat council shall perform the functions and discharge the duties of the President and the executive authority, respectively, of the village panchayat concerned. (3) On the constitution of a village panchayat in accordance with the provisions of this Act --- ** The sections 334-A. and 334-B., deemed to have been inserted with effect from the 26th day of January 1974, vide Regulation 8 of 1976. 650 (a) the Government may pass such orders as it deems fit with regard to the transfer to the village panchayat, from the successor commune panchayat council, of any property, moveable or immovable which has vested in the successor commune panchayat council by virtue of a direction made by the Government under the proviso to clause (h) of section 334; (b) any asset or institution acquired, or liability incurred, by a successor commune panchayat council on behalf of the village panchayat at any time when such successor commune panchayat council has been performing the functions or discharging the duties of that village panchayat, shall stand transferred to that village panchayat]. #335. Provisions as to employees existing before the commencement of this Act. – (1) Every officer and other employee of an existing council shall, on and from the commencement of this Act be transferred to and become an officer or other employee of the successor commune panchayat council with such designation as the Commissioner may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the successor commune panchayat council had not been constituted and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the successor commune panchayat council: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Government: Provided further that any service rendered by any such officer or other employee before the commencement of this Act shall be deemed to be service rendered under the successor commune panchayat council. (2) The Commissioner may employ any officer or other employee transferred to the successor commune panchayat council under sub-section (1) in the discharge of such functions under this Act as the Commissioner may think proper and every such officer or other employee shall discharge those functions accordingly. #336. Obligation to carry out certain duties and functions of existing councils. – Notwithstanding anything contained in section 76 or section 78, it shall be the duty of every successor commune panchayat council or the interim village panchayat to continue to carry out any duty or to manage, maintain or look after any institution, establishment, undertaking, measure, work or service, which the existing council had been responsible for carrying out, managing, maintaining or looking after immediately before the commencement of this Act, until the Government by order relieves the successor commune panchayat council or the interim village panchayat, as the case may be, of such duty or function. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 651 +SCHEDULE – I (See section 334) Serial Region Name of the Commune Name of the existing number panchayat council municipal council (Conseil municipal). (1) (2) (3) (4) *1. Puducherry Ariankuppam Commune Ariankuppam Municipal Panchayat Council. Council.