Section 25D

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

Protection of action taken in good faith. – No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 25A, 25B and 25C or of any order made thereunder or in respect of tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings]. 502 ##26. Oath or affirmation to be made by members. – (1) Every person who is elected *[as] a member shall, before taking his seat, make and subscribe before the Director or some person appointed in that behalf by him, an oath or affirmation in the following form namely: --- having been elected a member **[Omitted] I, A.B., of this having become a member village panchayat swear in the name of God do commune panchayat council solemnly affirm that 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 and that I will faithfully discharge the duty upon which I am about to enter. (2) Any person who, having been elected *[as] a member or who having become a member, fails to make within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant. (3) Any person who has been elected *[as] a member or who has become a member shall not take his seat at a meeting of the village panchayat or the commune panchayat council, as the case may be, or do any act as such member unless he has made the oath or affirmation as laid down in sub-section (1). (4) Notwithstanding anything contained in sub-section (3) the President of a village panchayat **[omitted] or the member of a committee constituted under this Act who has not made the oath or affirmation as a member shall be entitled to act as such President, **[ omitted] or member: Provided that he makes the oath or affirmation and takes his seat at the first meeting of the village panchayat **[omitted] or the committee, as the case may be, which he attends within two months after he is elected or appointed as, or becomes entitled to exercise the functions of, the President, **[ omitted] or member, as the case may be. ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * The word "as" in section 26 inserted by Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. ** Omitted by Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 503 Explanation. – For the purposes of this section --- (i) ‘President’ includes a Vice-President exercising the functions of the President under sub-section (1) or sub-section (2) of section 46 and the temporary President appointed under sub-section (3) of that section. *[(ii) Omitted]. ##27. Corrupt practices and electoral offences. – The provisions of sections 123, 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 135 and 136 of the Representation of the People Act, 1951 (Central Act 43 of 1951) shall have effect as if --- (a) reference therein to an election were reference to an election under this Act; (b) references therein to a constituency included reference to the area within the jurisdiction of a village panchayat or a ward thereof; and (c) in sections 134 and 136, for the words "by or under this Act" the words and figures "by or under the Puducherry Village and Commune Panchayats Act, 1973" had been substituted. Requisitioning of property for election purposes ##28. Requisitioning of premises, vehicles, etc., for election purposes. – (1) If it appears to the Government or to an officer authorised by it (which Government or the officer is hereinafter referred to as the requisitioning authority) that in connection with an election under this Act --- (a) any premises other than residential buildings actually occupied are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * The entry (ii) below explanation in section 26 omitted by amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 504 (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the requisitioning authority may, by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with such requisitioning: Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed for the service of a notice on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) In this section, -- (a) 'premises' means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) 'vehicle' means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. ##29. Payment of compensation. – (1) Whenever in pursuance of section 28 the requisitioning authority requisitions any premises, there shall be paid by the village panchayat to the persons interested compensation, the amount of which shall be determined by the requisitioning authority by taking into consideration the following, namely: --- (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his place of business, the reasonable expenses, if any, incidental to such change: ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. 505 Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application to the Government within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the Government for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation. – In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 28 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 28 the requisitioning authority requisitions any vehicle, vessel or animal, there shall be paid by the village panchayat to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal, being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within one month from the date of service of the order determining the compensation for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine: Provided further that where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree, upon, and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide. 506 ##30. Power to obtain information. – The requisitioning authority may, with a view to requisitioning any property under section 28 or determining the compensation payable under section 29, by order, require any person to furnish to such authority as may be specified in the order, such information in his possession relating to such property as may be so specified. ##31. Powers of entry into and inspection of premises, etc., -- (1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 28 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section. (2) In this section, the expressions 'premises' and 'vehicle' have the same meanings as in section 28. ##32. Eviction from requisitioned premises – (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 28 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any buildings or do any other act necessary for effecting such eviction. ##33. Release of premises from requisition. – (1) When any premises requisitioned under section 28 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises where requisitioned, or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises, and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any right in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. 507 (2) Where the person to whom possession of any premises requisitioned under section 28 is to be given under sub-section (1) cannot be found or is readily ascertainable or has no gent or any other person, empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette. (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority shall not be liable for any compensation or other claim in respect of such premises for any period after the said date. ##34. Penalty for contravention of any order regarding requisitioning. – If any person contravenes any order made under section 28 or section 30, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. ##35. Dispute as to validity of election. – (1) If the validity of an election of a member or President of a village panchayat or the *[member] of a commune panchayat council is called in question by any person qualified to vote at the election to which such question relates, such person may, at any time within fifteen days after the date of declaration of the result of the election, apply to the prescribed judicial authority in such form as may be prescribed for the determination of such question. (2) If, on receipt of an application under sub-section (1) and after making such inquiry as he considers necessary, the prescribed judicial authority is satisfied -- ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * Substituted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13 dated 23-4-1994. 508 (a) that any member or President *[omitted] who has been elected was on the date of election subject to any of the disqualifications specified in section 23, or (b) that any corrupt practice has been committed by any member or President *[omitted]who has been elected or by any other person with the consent of such member, or President, or (c) that the result of the election, in so far as it concerns an elected member or President *[omitted]has been materially affected – (i) by any corrupt practice committed in the interest of the elected member or President*[omitted] by any person without the consent of such member, (ii) by any non-compliance with the provisions of this Act or any rules or orders made thereunder. the prescribed judicial authority shall declare the election of such member or President *[omitted]to be, invalid, and such declaration shall be final: Provided that no election of a member or President*[omitted] shall be declared invalid on the ground that such member or President *[omitted] committed a corrupt practice unless he has been given an opportunity to show cause against such declaration. (3) Where the prescribed judicial authority declares the election of any member or President to be invalid on the ground that he committed a corrupt practice, the prescribed judicial authority may declare such member to be disqualified from exercising any electoral right or from being a member **[of a panchayat] or President of any village panchayat for such period not exceeding five years as he may determine. (4) A person shall be deemed to have committed a corrupt practice if he, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration or holds out any promise of individual profit or any threat of injury to any person. * Omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Inserted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 509 ##36. Fresh elections. – If the prescribed judicial authority declares the election of any member or President *[omitted] to be invalid, a fresh election for the vacancy so caused shall be held in accordance with the provisions of this Act. ##37. Publication of the results of election. – (1) Where a general election is held for the purpose of constituting a new @[omitted] panchayat there shall be notified by the election authority in the Official Gazette, as soon as may be after the date originally fixed for the completion of the election under the provisions of this Act or of the rules made thereunder, the names of the members elected for the various wards of each @[omitted] panchayat by that date and upon the issue of such notification that @[omitted] panchayat shall deemed to be duly constituted: Provided that issue of such notification shall not be deemed --- (a) to preclude the completion of the election in any ward or wards for which poll could not be taken for any reason on the date originally fixed for the purpose; or (b) to affect the duration of the @[omitted] panchayat, if any functioning immediately before the issue of the said notification. (2) Where a bye-election is held for the purpose of filling the vacancy of any seat or seats in a @[omitted] panchayat there shall be notified by the election authority in the Official Gazette as soon as may be after the date originally fixed for the completion of the election under the provision of this Act or of the rules made thereunder the name or names of the member elected for the ward or wards by that date. [37-A. Special procedure for preventing personation of electors. - With a view to preventing personation of electors provisions may be made by rules made under this Act, -- (a) for the marking with indelible ink on the little finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him; ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * Omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. @ Omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. Inserted by amendment Act 10 of 2001 which came into force w.e.f. 22.10.2001 and published in the Extra-ordinary Part-II Gazette No. 23 dated 30.10.2001. 510 (b) for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him, if electors of the wards of the village panchayat in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and (c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his little finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station]. [37-B. Voting machines at elections. - Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such Panchayat Ward or Wards as the Election Commission may, having regard to the circumstances of each case, specify. Explanation. – For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election]. ##38. Power to make rules regulating elections. – (1) The Government may, by notification, make rules generally to provide for or to regulate matters in respect of elections to be held under this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: -- (a) maintenance of the electoral rolls and their publications; (b) notification of the elections; (c) administrative machinery for the conduct of elections; (d) the nominations of candidates, form of nomination paper, objections to nomination, scrutiny of nominations; ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. Inserted by amendment Act 10 of 2001 which came into force w.e.f. 22.10.2001 and published in the Extra-ordinary Part-II Gazette No. 23 dated 30.10.2001. 511 (e) the deposits to be made by candidates and circumstances under which deposits may be refunded to candidates or forfeited to the village panchayats; (f) the assignment of symbols to candidates; (g) the withdrawal of candidature; (h) the appointment of agents of candidates; (i) the form of ballot paper; (j) the procedure in contested and uncontested elections; (k) the steps to be taken to prevent impersonation of voters; (l) the manner of recording votes; +[(ll) the manner of giving and recording votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used]; (m) the procedure to be followed in respect of challenged votes and tendered votes; +[(mm) the procedure as to counting of votes recorded by means of voting machines]; (n) the scrutiny of votes, counting or recounting of votes, declaration of results and procedure in case of equality of votes; (o) the custody and disposal of papers relating to elections; (p) the circumstances in which poll may be suspended or held afresh; (q) appointment of election tribunal, procedure for filing election petitions including deposit of security and costs of election petition; (r) any other matter relating to elections which is to be or may be prescribed under this Act. + Inserted vide amendment Act 10 of 2001 w.e.f. 22.10.2001 and published in the Extra-ordinary Part-II Gazette No. 23 dated 30.10.2001. 512 ##39. Jurisdiction of civil courts barred. – No civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this Act in connection with an election. President and Vice-President #40. President and Vice-President of village panchayat. – There shall be a President and a Vice-President for every village panchayat. #41. Election of President. – (1) (a) The President shall be elected by the persons whose names appear in the electoral roll for the village panchayat from among themselves in accordance with such procedure as may be prescribed. (b) If at an ordinary or casual election no President is elected, a fresh election shall be held: Provided that a person who stands for election as President shall not be eligible to stand for election as a member: Provided further that a person who stands for election as member shall not be eligible to stand for election as President: Provided also that no member shall be eligible to stand for election as President. (2) The election of the President may be held ordinarily at the same time and in the same place as the ordinary elections of the members of the village panchayat. (3) *[Omitted] (4) Any casual vacancy in the office of the President shall be filled by a fresh election and a person elected as President in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred. (5) Unless the Director otherwise directs, no casual vacancy in the office of the President shall be filled within six months before the date on which the ordinary election of the President under sub-section (1) is due. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. * The sub-section (3) of section 41 omitted by amendment Act 5 of 1994, with effect from 23-4-1994, vide Extraordinary Gazette No. 13, dated 23-4-1994. 513 (6) The provisions of sections 20 to 26 (both inclusive), shall, as far as may be, apply, in relation to the office of the President as they apply in relation to the office of an elected member of the village panchayat. (7) The President shall be ex-officio member of the village panchayat and shall have all the rights and privileges of an elected member of the village panchayat. 41-A. *[Omitted] #42. Election of Vice-President. – (1) The Vice-President shall be elected by the village panchayat from among its members in accordance with such procedure as may be prescribed. (2) If at an election held under sub-section (1), no Vice-President is elected, a fresh election shall be held for electing a Vice-President. #43. Cessation of office of President and Vice-President. – The President or Vice- President shall cease to hold office as such – (a) in the case of the President on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term of office or on his otherwise ceasing to be a President; (b) in the case of the Vice-President, on the expiry of his term of office as a member or on his otherwise ceasing to be a member. **44. President not to cease to hold office. – Without prejudice to the provisions of section 43, the President, *[omitted] shall not cease to hold office as such on his election as @[omitted] Vice-Chairman of any commune panchayat council. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * Omitted by amendment Act 5 of 1994 with effect from 23-4-1994, vide Extraordinary Gazette No.13, dated 23.4.1994. ** The section 44 amended by Act 5 of 1994, with effect from 23-4-1994, vide Extraordinary Gazette No. 13, dated 23-4-1994. @ The words ‘Chairman or’ were omitted by Act 4 of 1978 w.e.f. 30.3.1978. 514 #45. Functions of the President. – (1) The President shall --- (a) convene the meetings of the village panchayat, (b) have full access to the records of the village panchayat, (c) discharge all the duties specifically imposed and exercise all the powers conferred on the President by this Act. (2) No official correspondence between the village panchayat and the Government shall be conducted except through the President. #46. Devolution and delegation of President’s functions and filling up of vacancies in the office of President. – (1) When the office of President is vacant, the Vice-President shall exercise the functions of the President until a new President is declared elected and assumes office. (2) If the President has been continuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the vice- President. (3) When the office of the President is vacant or the President has been continuously absent from jurisdiction for more than thirty days or is incapacitated and there is either a vacancy in the office of the Vice-President or the Vice-President has been continuously absent from jurisdiction for more than thirty days or is incapacitated, the functions of the President shall devolve on a member of the village panchayat appointed by the Director in this behalf, and if no member of the village panchayat is available for such appointment, on such person as may be appointed by the Director in this behalf. (4) The member of the village panchayat or the person so appointed (who shall be styled the temporary President) shall perform the functions of the President subject to such restrictions and conditions as may be prescribed, until a new President or Vice-President is declared elected and assumes office or either the President or Vice-President returns to jurisdiction or recovers from his incapacity, as the case may be. (5) Any vacancy in the office of the President shall be reported to the election authority by such person and within such time as may be prescribed and the election authority shall arrange for the election of the President. (6) The President shall have power to control and revise the exercise or discharge of any functions devolving on the Vice-President under sub-section (2). # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 515 #47. Delegation of functions of President. – Subject to such restrictions and control as may be prescribed, the President may, by an order in writing, delegate any of his functions as such to the Vice-President and in the absence of the Vice- President to any other member: Provided that the exercise or discharge of any functions so delegated shall be subject to such further restrictions and conditions as may be laid down by the President: Provided further that the President shall not delegate any functions with the village panchayat expressly prohibits him to delegate. *[48. Chairman and Vice-Chairman of commune panchayat councils. – (1) There shall be a Chairman and a Vice-Chairman for every commune panchayat council]. +[(2) The Chairman and the Vice-Chairman shall, be elected by, and from amongst, the elected members of the commune panchayat council, in accordance with such procedure as may be prescribed. If at an election held under this sub- section, no Chairman or Vice-Chairman is elected, a fresh election shall be held for electing the Chairman or Vice-Chairman, as the case may be]. (3) The Chairman shall --- (a) convene the meetings of the commune panchayat council and (b) discharge all the duties specifically imposed and exercise all the powers conferred on the Chairman by this Act and the rules made thereunder. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * Section 48 substituted vide Act 5 of 1994 w.e.f 22.04.94. + Sub-section 2 of section 48 sub-stituted vide Act No. 7 of 2005 w.e.f 17.11.2005. 516 (4) The Chairman shall have full access to all the records of the commune panchayat council and no official correspondence between the council and the Government shall be conducted except through the Chairman. The Chairman shall be bound to transmit communications addressed through him by the Commissioner to the Government or by the Government to the Commissioner. (5) The Chairman shall, by virtue of his office be a member of every committee of the commune panchayat council. (6) A Chairman shall be deemed to have vacated his office if he ceases to be a member of the council. (7) A Vice-Chairman shall be deemed to have vacated his office -- (i) if he ceases to be member of the council; or (ii) on his election as Chairman]. #49. Devolution and delegation of Chairman’s functions and filling up of vacancies in the office of Chairman. -- (1) When the office of Chairman is vacant, the Vice- Chairman shall exercise the functions of the Chairman until a new Chairman assumes office. (2) When the office of Chairman is vacant and there is either a vacancy in the office of Vice-Chairman, or the Vice-Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated, *[the Director shall, after giving notice of not less than seven clear days to the members, convene a meeting for the election of a Chairman] and until a new Chairman or Vice-Chairman is elected and assumes office, or the Vice-Chairman returns to jurisdiction or recovers from his incapacity, as the case may be, the Director shall, notwithstanding anything contained in this Act, or in the rules or notifications issued thereunder, the ex-officio member and Chairman of the commune panchayat council. (3) An out-going Chairman or Vice-Chairman is eligible for re-election. (4) The Chairman may, by an order in writing, delegate any of his functions to the Vice-Chairman: Provided that he shall not delegate any functions which the commune panchayat council expressly forbids him to delegate. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * Inserted by an amendment Act 5 of 1994, vide Extraordinary Gazette No.13, dated 23-4-1994. 517 (5) If the Chairman has been continuously absent from jurisdiction for more than thirty days or is incapacitated, his functions during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the Vice-Chairman. (6) If the Vice-Chairman also has been continuously absent from jurisdiction for more than thirty days or is incapacitated or if the office of Vice- Chairman is vacant, the Chairman may, by an order in writing, delegate any of this functions to any member of the commune panchayat council who shall be styled "Chairman-delegate" during the period the delegation is in force: Provided that --- (i) when an order of delegation made under this sub-section is in force, no further order of delegation of any function shall be made in favour of any member other than the member in whose favour the order in force was made; (ii) no delegation under this sub-section shall be made for any period exceeding ninety days in the aggregate in any year without the special sanction of the commune panchayat council; and (iii) every order made under this sub-section shall be communicated to the commune panchayat council at its next meeting. (7) The exercise or discharge of any functions delegated under this section shall be subject to such restrictions and conditions as may be laid down by the Chairman. Member #50. Rights of individual members. – (1) Any member may call the attention of the executive authority or the Commissioner, as the case may be, to any neglect in the execution of village panchayat or commune panchayat work, to any waste of village panchayat or commune panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable. (2) Every member shall have the right to move resolutions and to interpellate the President or Chairman on matters connected with the administration of the village panchayat or commune panchayat council, as the case may be, subject to such rules as may be prescribed. (3) Every member shall have access during office hours to the records of the village panchayat or the commune panchayat council, as the case may be, after giving due notice to the executive authority or Commissioner: Provided that the executive authority or Commissioner may, for reasons given in writing, forbid such access. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 518 #51. No President, Vice-President, Chairman, Vice-Chairman or member to receive remuneration. – No President, Vice-President, Chairman, Vice-Chairman or member shall receive, or be paid from the funds at the disposal of or under the control of the village panchayat or commune panchayat council, any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacity. #52. Appointment of executive officers for certain village panchayats. – (1) A whole- time executive officer shall be appointed by the Director for any village panchayat or for any group of contiguous village panchayats which may be notified by him in this behalf: Provided that before notifying a group of village panchayats under this sub- section, the Director shall obtain the approval of the Government. (2) The Director shall specify in the notification issued by him under sub- section (1) in respect of a group of village panchayats, the names of the village panchayats which shall pay the salary and allowances of the executive officer and the proportion in which the expenditure incurred on such salary and allowances shall be borne by every village panchayat in that group. (3) In the case of every village panchayat not so notified, and also in the case of any village panchayat so notified if there is no executive officer in-charge, the President of the village panchayat shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the executive officer. (4) Save as otherwise prescribed, no executive officer appointed under sub- section (1) shall undertake any work unconnected with his office without the sanction of the Government. (5) The village panchayat or group of village panchayats notified under sub-section (1) shall pay the executive officer such salary and allowances as may, from time to time, be fixed by the Government. (6) The village panchayat or group of village panchayats aforesaid shall also make --- (a) if the executive officer is in the service of the Government, such contribution towards his leave allowances, pension or provident fund or pension-cum-provident fund as may be required by the conditions of his service under the Government to be made by him or on his behalf; and # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 519 (b) if the executive officer is not in the service of the Government, such contribution towards his leave allowances, pension and provident fund as may be prescribed in this behalf. (7) The executive officer shall be subordinate to the village panchayat. (8) The Government shall have power to regulate the classification, methods of recruitment, conditions of service, salary and allowances, and discipline and conduct of the executive officers appointed under sub-section (1). #53. Functions of executive officer. – The executive officer shall ordinarily attend the meetings of the village panchayat and shall be entitled to take part in the discussions thereat, but he shall not be entitled to vote or to move any resolution. Powers and duties of the executive authority #54. Functions of the executive authority. – The executive authority shall – (a) carry into effect the resolutions of the village panchayat; Provided that where the executive authority considers that a resolution has not been legally passed or is in excess of the powers conferred by this Act or that, if carried out, it is likely to endanger human life or health or the public safety, the executive authority shall – (i) where he is the President, directly and (ii) where he is not the President, through the President, refer the matter to the Government for orders and its decision shall be final; (b) control all the officers and other employees of the village panchayat; (c) discharge all the duties specifically imposed and exercise all the powers conferred on the executive authority by or under this Act and subject to all restrictions and conditions imposed by or under this act, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purposes thereof. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 520 The Commissioner #55. Commissioner. – (1) A Commissioner shall be appointed by the Government in the case of each commune panchayat council. (2) (i) No recovery shall be made from the commune panchayat council towards the salary and allowances paid to any Commissioner or towards his leave allowances, pension and provident fund. (ii) Notwithstanding anything contained in clause (i) the Government may by general or special order direct the commune panchayat council to pay to the Government such sum out of its revenue for the service rendered or to be rendered by any Commissioner. (3) The Government shall have power to regulate the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the Commissioner appointed under sub-section (1). (4) The Commissioner shall --- (a) have the right to attend the meetings of the commune panchayat council or of any committee thereof and take part in the discussions thereat, but without the right to move any resolution or to vote; (b) attend any meeting of the commune panchayat council or of any committee thereof if required to do so by the Chairman; (c) carry into effect the resolutions of the commune panchayat council; (d) furnish to the commune panchayat council such periodical reports regarding the progress made in carrying out the resolutions of that body and in the collection of taxes as the council may direct; (e) control all the officers and other employees of the commune panchayat council; (f) perform all the duties specifically imposed and exercise all the powers conferred on the Commissioner by this Act and subject, whenever it is hereinafter expressly so provided, to the sanction of the commune panchayat council, and subject also to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive power for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfilment of the purposes of this Act. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 521 (5) Notwithstanding anything contained in sub-section (2) of section 8 and subject to all provisions of this Act and the rules made thereunder, the commune panchayat council shall have power to issue such specific directions as it may think fit regarding the performance by the Commissioner of any of the functions assigned to him under this Act: Provided that where such directions relate to any scheme specially entrusted by the Government to the commune panchayat council, the directions issued by the council shall be in conformity with the terms and conditions of such entrustment. (6) Subject to any directions given or restrictions imposed by the Government or the commune panchayat council, the Commissioner may, by an order in writing, delegate any of his functions to any officer or other employees of the commune panchayat council or to any servant of the Government. The exercise or discharge of any functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the Commissioner. #56. Emergency powers of Commissioner. – The Commissioner may in case of emergency direct the execution of any work or the doing of any act which requires the sanction of the village panchayat or the commune panchayat council, and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the village panchayat fund or the commune panchayat fund, as the case may be: Provided that --- (a) he shall not act under this section in contravention of any order of the village panchayat or the commune panchayat council prohibiting the execution of any particular work or the doing of any particular act, and (b) he shall report the action taken under this section and the reasons therefor to the village panchayat or the commune panchayat council as its next meeting. Procedure #57. Presidency at meetings of village panchayats. – (1) Every meeting of a village panchayat shall be presided over by the President or in his absence, by the Vice- President, and in the absence of both the President and the Vice-President, by a member chosen by the members present at the meeting to preside for the occasion. (2) The President shall preserve order and decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the President on any point of order shall be final. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 522 (3) A Vice-President or member presiding for the occasion shall, for that meeting and during the period that he presides over it, have all the powers of the President. #58. Meetings of commune panchayat council. – (1) Every commune panchayat council shall meet at such times and places and shall, subject to the provisions of sub-section (2), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be prescribed: Provided that not more than sixty days shall elapse between any two meetings of the commune panchayat council. (2) Every meeting of a commune panchayat council shall be presided over by the Chairman, or in his absence, by the Vice-Chairman, and in the absence of both the Chairman and the Vice-Chairman by a member chosen by the members present at the meeting to preside for the occasion. (3) The Chairman shall preserve order and decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the Chairman on any point of order shall be final. (4) A Vice-Chairman or member presiding for the occasion shall, for that meeting and during the period that he presides over it, have all the powers of the Chairman. #59. Members when to abstain from taking part in discussion and voting. –(1) No member shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the village panchayat or commune panchayat council or any committee, as the case may be, if the question is one in which, apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner. (2) The President or Chairman, as the case may be, may prohibit any member from voting or taking part in the discussion of any matter in which he believes such member to have such interest, or he may require such member to absent himself during the discussion. (3) Such member may challenge the decision of the President or Chairman, who shall thereupon put the question to the meeting. The decision of the meeting shall be final. (4) If the President or Chairman is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, he may, if a motion to that effect is carried, be required to absent himself from the meeting during such discussion. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 523 (5) The member concerned shall not be entitled to vote on the question referred to in sub-section (3) and the President or Chairman concerned shall not be entitled to vote on the motion referred to in sub-section (4). Explanation. -- In this section – (a) 'Chairman' includes the Vice-Chairman and a member presiding for the occasion in the commune panchayat council; (b) 'President' includes the Vice-President and a member presiding for the occasion in the village panchayat. #60. Minutes of proceedings. – A copy of the minutes of the proceedings at every meeting of a village panchayat or commune panchayat council as well as of all minutes of dissent in respect of such proceedings received from any member present at the meeting, within forty-eight hours of the close thereof, shall be submitted by the President or Chairman, as the case may be, within three days of the date of the meeting to the Director: Provided that the director may direct that such minutes shall be submitted either generally or in any specified classes of cases to any officer empowered by him in this behalf. #61. Power of village panchayat and commune panchayat council to call for records. – A village panchayat or a commune panchayat council may require the executive authority or the Commissioner, as the case may be, to produce any document which is in his custody and he shall, subject to such rules as may be prescribed, comply with every such requisition. #62. Proceedings of village panchayat, commune panchayat councils and committees – (1) The proceedings of every village panchayat and commune panchayat council and of all committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rules or the provisions of this Act, made by the village panchayat or the commune panchayat council, as the case may be, with the approval of the Director. (2) The Director may remit for reconsideration and re-submission any regulation or part thereof to the village panchayat or commune panchayat council, as the case may be: Provided, however, that it shall be competent for the Director to add to, omit or alter any regulation which contravenes the provisions of this Act or the rules made thereunder. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 524 #63. Appointment of joint committees. -- (1) A village panchayat may, and if so required by the Director shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose for which they are jointly responsible. (2) The constitution, powers and procedure of a joint committee and the method of settling differences of opinion arising in connection with the committee between the local authorities concerned shall be in accordance with such rules as may be prescribed. #64. Committees. – (1) (a) (i) There shall be an Appointments Committee for every commune panchayat, which shall be composed of the Chairman of the commune panchayat council, the Commissioner and one member elected annually by the commune panchayat council. (ii) The Chairman of the commune panchayat council shall be the Chairman of the committee. (iii) Subject to the provisions of section 68, and to such rules as may be made by the Government in this behalf, appointments to all posts under the commune panchayat council, the pay of which is debitable to the funds of the commune panchayat council, shall be made with the previous approval of the committee. (b) (i) There shall be a General Purposes Committee in every commune panchayat. (ii) The commune panchayat council may, and if so required by the Government, shall appoint such other committees as may be necessary for the efficient performance of its duties and functions under this Act. (iii) Each of the committees constituted under this sub-section shall consist of such number of members as may be pecified by the council and shall include the Chairman ex-officio. (iv) The members of each committee, other than the Chairman, shall be elected by the members of the commune panchayat council. (2) The commune panchayat council shall have the power to co-opt as members of any committee appointed under clause (b) of sub-section (1) such number of persons as are not members of the commune panchayat council as it may think fit: Provided that the number of members co-opted under this sub-section shall not exceed one-third of the total number of members of the council on the committee. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 525 (3) Subject to such rules as may be made by the Government in this behalf, the commune panchayat council shall have power, by regulations made from time to time, to determine the powers and duties of every committee constituted under sub- section (1). #65. Administration reports of village panchayat. – (1) Every village panchayat shall submit to the commune panchayat council a report on its administration for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details, and through such authority, as may be prescribed. (2) The report shall be prepared by the executive authority and the village panchayat shall consider it and forward the same to the commune panchayat council with its resolution thereon. #66. Administration reports of commune panchayat council. – (1) Every commune panchayat council shall submit to the Director a consolidated report on its administration and on the administration of all village panchayats in the commune panchayat for each year as soon as may be after the close of such year and not later than the prescribed date, in such form, with such details and through such authority, as may be prescribed. (2) The report shall be prepared by the Commissioner and the commune panchayat council shall consider it and forward the same to the Director with its resolution. (3) The Director shall prepare a general report on the administration of commune panchayat councils and village panchayats and submit the same to the Government, before such date as may be prescribed. (4) The report and the resolution thereon shall be published in such manner as the Government may direct. Validation of proceedings #67. Acts of village panchayats, commune panchayat councils, etc., not to be invalidated by informality, vacancy, etc. – No act of a village panchayat or of a commune panchayat council or of a committee thereof or of any person acting as President, Vice-President, Chairman, Vice-Chairman or member of such village panchayat or commune panchayat council or of a Chairman or of a committee shall be deemed to be invalid by reason only of a defect in the establishment of such village panchayat or commune panchayat council or committee or on the ground that the President, Vice-President, Chairman, Vice-Chairman or member of such village panchayat or commune panchayat council or Chairman or member of a 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 election, or by reason of such act having been done during the period of any vacancy in the office of President, Vice-President, Chairman, Vice-Chairman or member of such village panchayat, commune panchayat council or committee. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 526 Establishment #68. Establishment of the village panchayat and commune panchayat council. – (1) The village panchayat or commune panchayat council, as the case may be, may with the sanction of the Government, create such posts of officer and servants other than those specified in section 71 as it shall deem necessary for efficient execution of its duties under this Act. (2) The Government may make rules to regulate the qualifications, pay, allowances, discipline and conduct and other conditions of service, the method of recruitment, and authority which may appoint any such officers and servants of village panchayat and commune panchayat councils. (3) The village panchayat or commune panchayat council, as the case may be, shall subject to the approval of the Government, decide the manner in which and the terms and conditions subject to which the existing officers and servants shall be absorbed in the posts created under sub-section (1). (4) Subject to any rule which the Government may make in this behalf under sub-section (2), appointments to all posts under the village panchayat and commune panchayat council, the pay or the maximum pay of which exceeds one hundred rupees per mensem shall be made by the village panchayat or commune panchayat council, as the case may be, and appointments to all other posts under the village panchayat and commune panchayat council shall be made by the President or Commissioner, as the case may be. Explanation. – For the purposes of this section and sub-section (2) of section 71, the term "existing officer" or "existing servants" means an officer or servant of an existing council within the meaning of section 333. #69. Power to grant leave to establishment. – (1) The Commissioner my grant leave to all employees of the commune panchayat council. #70. Special provisions regarding officers and other employees of the Government lent to commune panchayat council. – (1) (a) The Government may, on the application of any commune panchayat council, place the services of any of its officers or other employees at the disposal of the commune panchayat council to be employed by it for the purposes of this Act. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 527 (b) The commune panchayat council shall pay any officer or other employee so employed the salary he may be entitled to receive under the rules of the service to which he belongs, and shall also make any contribution towards pension and leave allowances of such servant as may be required, by the conditions of his service under the Government, to be paid by him or on his behalf. (2) If such officer or other employees while employed by the commune panchayat council or if any other servant of the commune panchayat council does any work for the Government, the Government shall contribute to the commune panchayat council fund so much of the salary of such officer or other employee as the Government may consider to be an equivalent for such work. (3) No officer or other employees employed by the commune panchayat council shall, without the previous consent of the Government, be dismissed or removed from such employment or placed under suspension during such employment. (4) The officers and other employees employed by commune panchayat council shall be entitled to leave and other privileges in accordance with the regulations applicable to the department of the general administration to which they belong. #71. Provincialisation of any class of officers or servants of commune panchayat council. – (1) Notwithstanding anything contained in this Act, the Government may, by notification, constitute any class of officers or servants of commune panchayat council or village panchayat into a common service for the Union territory. Explanation. -- Where such a common service is constituted under this section, the Government shall have power to include into it any class of officers or servants of local authorities established under any law for the time being in force. (2) Upon the issue of a notification under sub-section (1), the Government shall have power to make rules to regulate the classification, methods of recruitment, including the manner of and the terms and conditions under which existing officer or servant shall be absorbed into, conditions of service, pay and allowances and discipline and conduct of the common service thereby constituted and such rules may vest jurisdiction in respect of all or any of such matters in relation to such cadre in the Government or in such other authority or authorities as may be specified therein. (3) If any common cadre is constituted under sub-section (1), such commune panchayat council or village panchayat shall every year contribute out of its revenue such sum on account of its share of the expenditure on any officer or servant belonging thereto posted to serve under it incurred or to be incurred in that year for its purposes as the Government may by general or special order, determine. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 528 #72. Appointment of common officer. -- Two or more village panchayats or two or more commune panchayat councils may, subject to such rules as may be prescribed, and shall, if so required by any authority empowered in this behalf by rules, appoint the same officer or other employee to exercise or discharge any powers or duties of a similar nature for both or all of them. #73. Transfer of officers and other employees. – (1) Any officer or other employee of a village panchayat may be transferred to the service of any commune panchayat council or any other village panchayat by the Director: Provided that no officer or other employee shall be so transferred except after consulting the Commissioner or the executive authorities concerned. (2) In making a transfer under sub-section (1) the Director may issue such general or special directions as may in his opinion be necessary for the purpose of giving due effect to such transfer. (3) Notwithstanding anything contained in this Act or the Puducherry Municipalities Act, 1973, any officer or other employee of a commune panchayat council (including the Commissioner) may be transferred by the Government to the service of any other commune panchayat council or any municipalities constituted under the Puducherry Municipalities Act, 1973: Provided that no officer or other employee (other than the Commissioner) shall be so transferred, except after consulting the commune panchayat councils or municipal councils concerned. (4) When making a transfer under sub-section (3), the Government may give such general or special directions as may in its opinion be necessary for the purpose of giving due effect to such transfer. #74. Power to punish officers and other employees. – Subject to such control as may be prescribed by the Government, the President or the Commissioner may censure, fine, withhold increments or promotion from, reduce to a lower rank in the seniority list, or to a lower post or time-scale or to a lower stage in a time-scale, suspend, remove or dismiss any officer or other employee in the service of the village panchayat or commune panchayat council, as the case may be, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct. #75. Applicability of certain sections to public health establishment. – The provisions of sections 68 to 74 (both inclusive) shall also apply to the public health establishment of village panchayats and commune panchayat councils. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 529 CHAPTER – III FUNCTIONS, POWERS AND PROPERTY OF VILLAGE PANCHAYATS AND COMMUNE PANCHAYAT COUNCILS #76. Duty of village panchayat to provide for certain matters. – Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of every village panchayat, within the limits of its funds, to make reasonable provision for carrying out the requirements of the panchayat village in respect of the following matters, namely: -- (a) the construction, repair and maintenance of all village roads, that is to say, all public roads in the panchayat village (other than those classified as National Highways, State Highways, major roads and commune panchayat roads) and of all bridges, culverts, road-dams and causeways on such roads; (b) the lighting of public roads and public places in built-up areas; (c) the construction of drains and the disposal of drainage water and sullage; (d) the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in of disused wells, insanitary ponds, pools, ditches, pits or hollows, and other improvements of the sanitary conditions of the panchayat village; (e) the provision of public latrines and arrangements to cleanse latrines whether public or private; (f) the opening and maintenance of burial and burning grounds; (g) the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water-works for the supply of water for washing and bathing purposes and of protected water for drinking purposes; and (h) any other measure likely to promote pubic safety, health and convenience of the inhabitants of the panchayat village as may be prescribed. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 530 #77. Power of village panchayat to provide for certain other matters – Subject to the provisions of this Act and the rules made thereunder, a village panchayat may also make such provision as it thinks fit for carrying out the requirements of the panchayat village in respect of the following matters, namely: - (a) the planting and preservation of trees on the sides of all public roads in the panchayat village subject to mutually agreed terms and conditions between the village panchayat and the authority which maintains the roads in case the road is not maintained by the village panchayat itself; (b) the lighting of pubic roads and public places in areas other than built-up areas; (c) the opening and maintenance of pubic markets other than markets which are classified as commune panchayat markets; (d) the control of fairs and festivals other than those classified as commune panchayat fairs and festivals; (e) the opening and maintenance of public landing places, halting places and cart-stands and of public cattle-sheds; (f) the opening and maintenance of public slaughter houses; (g) the opening and maintenance of reading rooms; (h) the establishment and maintenance of wireless, receiving sets, playgrounds, parks, sports clubs and centres of physical culture; (i) the opening and maintenance of literacy centres and centers for imparting social education; and (j) the construction of works of public utility and the provision of other facilities for the safety, health, comfort, convenience, culture or recreation of the inhabitants of the panchayat village. #78. Duty of commune panchayat council to provide for certain matters. – Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a commune panchayat council, within the limits of its funds to make reasonable provision for carrying out the requirements of the commune panchayat in respect of the following matters, namely: - # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 531 (a) the construction, repair and maintenance of all public roads in the commune panchayat which are classified by the Government as commune panchayat roads and of all bridges, culverts, road-dams and causeways on such roads; (b) the establishment and maintenance of maternity and child welfare centres, including the maintenance of a ‘thayi’ service and offering advice and assistance to mothers in family planning; (c) the construction and maintenance of poor houses, orphanages, shops, stalls, plinths, the training and employment of vaccinators, the removal of congestion of population and the provision of house-sites; (d) preventive and remedial measures connected with any epidemic or with malaria; (e) the control of fairs and festivals classified by the commune panchayat council as those reserved for control by it; (f) the extension of village-sites and the regulation of buildings; (g) the opening and maintenance of public markets which are classified as commune panchayat markets; (h) the maintenance of vital statistics; (i) the establishment and maintenance of choultries; (j) improvements of agriculture, agricultural stock and the holding of agricultural shows; (k) the promotion and encouragement of cottage industries; and (l) any other measures likely to promote public safety, health and convenience of the inhabitants of the panchayat village as may be prescribed. *79. Entrustment of execution of Community Development Programme to commune panchayat councils. – The Government shall, as soon as may be after the constitution of a commune panchayat council for a commune panchayat development block, entrust to the commune panchayat council, subject to such conditions and restrictions as may be specified by the Government, the execution of the Community Development Programme including in particular, all measures relating to the development of agriculture, animal husbandry and village industries organized on an individual or co-operative basis. * The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.7.1976. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 532 #80. Power of commune panchayat council to provide for certain matters. – Subject to the provisions of this Act and the rules made thereunder, a commune panchayat council may, within the limits of its funds, make such provision as it thinks fit for carrying out the requirements of the commune panchayat in respect of measures of public utility other than those specified in section 78 calculated to promote the safety, health, comfort or convenience of the inhabitants of the commune panchayat. #81. Common water-works and burial and burning grounds, etc. – Subject to the provisions of this Act and the rules made thereunder, two or more village panchayats --- (i) may construct and maintain water-works for supply of water for washing and bathing purposes and of protected water for drinking purposes from a common source and may also provide a common burial and burning grounds; and (ii) may entrust to the commune panchayat council with its consent and on such terms as may be agreed upon the management of any institution for the execution or maintenance of any work. #82. Lighting of public roads and public places. – Notwithstanding anything contained in clause (b) of section 77, the Government may, by general or special order, direct any village panchayat or commune panchayat council to provide for the lighting of public roads and public places within its jurisdiction and it shall be the duty of the village panchayat or commune panchayat council to provide for such lighting: Provided that where such a direction is given, the Government shall make such provision for the cost of lighting as it may consider reasonable and the decision of the Government shall be final. #83. Maintenance of child-welfare centres, etc., -- Subject to the provisions of this Act, and the rules made thereunder, two or more commune panchayat councils may establish and maintain child-welfare centres and institutions of such other kind as may be prescribed. #84. Transfer of immovable property, management of institutions, execution or maintenance of works, etc., to a village panchayat. – (1) The commune panchayat council may, subject to such control as may be prescribed, by notification, declare that any immovable property vested in it shall vest in any village panchayat in the same commune panchayat and such property shall, from the date specified in the said notification, vest accordingly. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 533 (2) Subject to such rules as may be prescribed, the Government, the Director, the commune panchayat council or the Commissioner, or any person or body of persons, may transfer to the village panchayat, with its consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether within or without the panchayat village, and whether provided for in this Act or not. #85. Government’s power to add to functions of commune panchayat council. – Subject to such rules as may be prescribed, the Government, the Director or any person or body of persons may transfer to the commune panchayat council with its consent and on such terms as may be agreed upon, the management of any institution or the execution or maintenance of any work, or exercise of any power or the discharge of any duty, whether within or without the commune panchayat, and whether provided for in this Act or not. #86. Limitation of power, to accepting donations and trusts. – A village panchayat or a commune panchayat council may accept donation for, or trusts relating exclusively to, the furtherance of any purpose to which its funds may be applied. #87. Vesting of public roads in village panchayats. -- (1) All public roads in any panchayat village (other than roads which are classified by the Government as National Highways or State Highways or as major roads or as commune panchayat roads) shall vest in the Village panchayats together with all pavements, stones, and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the village panchayat or otherwise, in, alongside or under such roads and all works, materials and things appertaining thereto. (2) The Government may, by notification, exclude from the operation of this Act any village panchayat road, sewer, drainage work, tunnel or culvert and may also modify or cancel such notification. #88. Vesting of public roads in commune panchayat councils. – (1) All public roads in any commune panchayat which are classified as commune panchayat roads shall vest in the commune panchayat council together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the commune panchayat council or otherwise, in alongside or under such roads and all works, materials and things appertaining thereto. (2) The Government may, by notification, exclude from the operation of this Act any commune panchayat road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notification. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 534 #89. Duty of village panchayat and commune panchayat council in respect of public roads excluded from the operation of the Act. – Where any public road has been excluded from the operation of this Act under sub-section (2) of section 87 or sub-section (2) of section 88 and placed under the control of the Public Works Department, the village panchayat or the commune panchayat council as the case may be, may, and if so required by the Government, shall make provision, -- (a) for the watering and maintenance of the drainage of such road; (b) for the provision, maintenance and repair of the water-supply mains, drains and sewers in, alongside or under such road; (c) for the provision, maintenance and repair of footways attached to such road: Provided that where in the carrying out of the above provisions, it is necessary for the village panchayat or the commune panchayat council to open and break up the soil or pavement of any such road, the village panchayat or the commune panchayat council, shall obtain the previous consent of such officer of the Public Works Department as the Government may, by general or special order, specify: Provided further that in cases of emergency, the village panchayat or the commune panchayat council, may, without such consent, open and break up the soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the condition in which it was immediately before it was opened and broken up; and a report of the action so taken and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso: Provided also that where the execution of any work is required by the Government, the Government shall make provision for the cost thereof. #90. Precautions in case of dangerous structures. – (1) If any structure adjoining a public road vested in a commune panchayat council or a village panchayat appears to the Commissioner or the executive authority, as the case may be, to be in ruinous state and dangerous to the passer-by, the Commissioner or executive authority may, by notice, require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom. (2) If immediate action is necessary, the Commissioner or executive authority shall himself, before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he may think fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner hereinafter provided. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 535 #91. Precautions in case of dangerous trees. – (1) If any tree or any branch of a tree standing on land adjoining a public road vested in a commune panchayat council or village panchayat, appears to the Commissioner or executive authority to be likely to fall and thereby endanger any person using, or any structure on, such road, the Commissioner or executive authority may, by notice, require the owner of the said tree to secure, lop or cut down the said tree so as to prevent any danger therefrom. (2) If immediate action is necessary, the Commissioner or executive authority shall himself, before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or fence off a part of the public road or take such other temporary measures as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner hereinafter provided. #92. Fencing of buildings or land and pruning of hedges and trees. – Where a public road is vested in a commune panchayat council or village panchayat, the Commissioner or executive authority may, by public notice, require the owner or occupier of any building or land near such road to --- (a) fence the same to the satisfaction of the Commissioner or executive authority; or (b) trim or prune any hedges bordering on such road so that they may not exceed such height from the level of the adjoining roadway as the Commissioner or executive authority may determine; or (c) cut and trim any hedges of trees overhanging such road and obstructing it or the view of traffic or causing it damage; or (d) lower an enclosing wall or fence which, by reason of its height and situation, obstructs the view of traffic so as to cause danger. #93. Prohibition against obstructions in or over public roads, etc. – (1) No person shall, except as permitted by rules made under this Act and except in accordance with the conditions imposed by any licence made requisite by such rules --- (a) build any wall or erect any fence or other obstruction or projection or make any encroachment whatsoever, whether permanent temporary, in or over any pubic road; (b) make any hole or deposit any matter in or upon any public road; # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 536 (c) work a quarry in or remove stone, earth or other material from any place within twenty metres of a public road or of other immovable property vesting in or belonging to a village panchayat or a commune panchayat council, provided that nothing in this clause shall be deemed to apply to any work which, in the opinion of the Director, is done in connection with a bona fide agricultural operation; (d) erect any building over any sewer drain or any part thereof; (e) plant any tree on any public road or other property vesting in or belonging to a village panchayat or a commune panchayat council; or (f) fell, remove, destroy, or strip bark, leaves, or fruits from, or otherwise damage, any tree which is growing on any such public road or other property on any poramboke or land, the use of which is regulated by a village panchayat under section 97 and the right to which has not been established by such person as vesting in or belonging to him. (2) It shall be the duty of the karnam of every revenue village to report on encroachments on properties vested in village panchayat or commune panchayat council, to the executive authority or the Commissioner concerned and to the officers of the Revenue Department, and it shall be the duty of the executive authority or the Commissioner concerned to institute proceedings under this Act and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. #94. Vesting of communal property or income in village panchayat. – Any property or income including any fishery right which by custom belongs to, or has been administered for the common benefit of the inhabitants of the panchayat village, or of the holders in common of village land generally or of the holders of lands of a particular description or of the holders of lands under a particular source of irrigation shall, if so declared by the Government, vest in the village panchayat and be administered by it for the benefit of the inhabitants or holders aforesaid. #95. Vesting of water-works in village panchayats. – (1) All public water-courses, springs, reservoirs, tanks, cisterns, fountains, wells, standpipes and other water-works (including those used by the public to such an extent as to give a prescriptive right to their use) whether existing at the commencement of this Act or afterwards made, laid or erected, and whether made, laid or erected at the cost of the village panchayat or otherwise and also any adjacent land (not being private property) appertaining thereto, shall vest in the village panchayat and be subject to its control: # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 537 Provided that nothing contained in this sub-section shall apply to any work which is, or is connected with, work of irrigation or to any adjacent land appertaining to any such work. (2) The Government may, by notification, define or limit such control or may assume the administration of any public source of water-supply and public land adjacent and appertaining thereto after consulting the village panchayat concerned and giving due regard to its objections, if any. #96. Maintenance of irrigation works, execution of kudimaramat, etc., -- (1) Subject to such conditions and control as may be prescribed, the Government may transfer to any village panchayat or to any commune panchayat council the protection and maintenance of any irrigation work, the management of turns of irrigation, or the regulation of distribution of water from any irrigation work to the fields depending on it. (2) The village panchayat, or the commune panchayat council shall have power, subject to such restrictions and control as may be prescribed, to execute kudimaramat in respect of any irrigation source in the panchayat village and to levy such fee and on such basis for the purposes thereof as may be prescribed. (3) Where the maintenance of any irrigation work is transferred under this section, the fishery rights of the Government in such work shall be transferred to and be vested in the village panchayat or the commune panchayat council, as the case may be, subject to such terms and conditions including terms and conditions regarding the utilisation of the income, as may be specified by the Government. #97. Village panchayat to regulate the use of certain porambokes.- (1) All porambokes, namely, grazing grounds, threshing floors, burning and burial- grounds, cattle-stands, cart-stands and topes which immediately before the commencement of this Act vested in the communes under the provisions of the Decree dated 12th March, 1880, and other Decrees and Arrests in force at such commencement shall vest in the village panchayat, and the village panchayat shall have power, subject to such restrictions and conditions as may be prescribed, to regulate the use of such porambokes, provided the porambokes are at the disposal of the Government. (2) The Government, after the consulting the village panchayat, may, by notification, exclude from the operation of this Act, any poramboke referred to in sub-section (1), and may also modify or cancel such notification. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 538 (3) The village panchayat shall also have power, subject to such restrictions and control as may be prescribed to regulate the use of any other poramboke which is at the disposal of the Government, if the village panchayat is authorized in that behalf by an order of the Government. (4) The village panchayat may, subject to such restrictions and conditions as may be prescribed, plant trees on any porambokes the use of which is regulated by it under sub-section (1) or sub-section (3). #98. Collected, sewage, etc., to belong to village panchayat. – All rubbish, sewage, filth and other matter collected by a village panchayat under this Act shall belong to it. #99. Immovable property required by village panchayat may be acquired under the Land Acquisition Act, 1894. – Any immovable property which any village panchayat or commune panchayat council is authorised by this Act or any rules made thereunder to acquire, may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the village panchayat or commune panchayat council, as the case may be. #100. Contributions from persons having control over place of pilgrimage, etc. – When a mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs or festivals or for other like purposes is situated within the limits of a panchayat village and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary, shall be made by the village panchayat; but the Government may, after hearing the trustee or other person having control over such place, require him to make such recurring or non-recurring contribution to the funds of the village panchayat as it may determine. #101. Power to order closure of places of public entertainment. – In the event of the prevalence of any dangerous disease within a commune panchayat, the Commissioner may, by notice, require the owner or occupier of any building, booth or tent used for purpose of public entertainment to close the same for such period as he may fix. Explanation. – In this section and in section 102 "dangerous disease" means an infectious disease within the meaning of section 424 of the Puducherry Municipalities Act, 1973. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 539 #102. Minor suffering from dangerous diseases not to attend schools. – No person being the parent or having the care or charge of a minor who is or has been suffering from a dangerous disease or has been exposed to infection therefrom shall, after a notice from the Commissioner or any person duly appointed by such Commissioner in this behalf that the minor is not to be sent to school or college permit such minor to attend school or college, without having procured from the Commissioner or such person or a registered medical practitioner a certificate that in his opinion such minor may attend without risk of communicating such disease to others. #103. Compulsory vaccination. – The commune panchayat council shall enforce vaccination throughout the commune panchayat and it may enforce re-vaccination in respect of such person to such extent, and in such manner, as may be prescribed. #104. Obligation to give information of small-pox or cholera. – Where an inmate of any dwelling place is suffering from small-pox or cholera the head of the family to which the inmate belongs and in default the occupier or person in-charge of such place shall give intimation of the fact to the Commissioner or the President with the least possible delay. #105. Precautions in case of dangerous tanks, wells, holes, etc., -- (1) If any tank, pond, well, hole, stream, dam, bank or other place appears to him to be, for want of sufficient repair, protection or enclosure, dangerous to the public health or safety, the Commissioner or executive authority may, with the approval of the commune panchayat council or village panchayat, as the case may be, by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom. (2) If immediate action is necessary, he shall, before giving such notice or before the period of notice expires, himself take such temporary measure as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner in the manner hereinafter provided. #106. Removal of filth or noxious vegetation from lands and buildings. – (1) The Commissioner or executive authority may by notice require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or dangerous to the public or offensive to the neighbourhood, or otherwise a source of nuisance, to clear, cleanse or otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or undergrowth or to take such other action as may be deemed by the Commissioner or executive authority necessary to remove such nuisance within such period and in such manner as may be specified in the notice. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 540 (2) If it appears to the Commissioner or executive authority necessary for sanitary purposes so to do, he may by notice require the owner or occupier of any building or land to cleanse or lime wash the same in the manner and within a period as may be specified in the notice. #107. Power of Commissioner or executive authority to use or sell materials of dangerous structure taken down, etc., -- (1) When the Commisioner or executive authority takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof in virtue of his powers under this Chapter, the Commissioner or executive authority may sell the materials or things taken down, cut down or removed and apply the proceeds in, or towards payment of the expenses incurred. (2) If after reasonable inquiry it appear to the Commissioner or executive authority that there is no owner or occupier to whom notice can be given under any section in this Chapter, he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expenses incurred by the sale of such property (not being immovable property) or of any portion thereof. #108. Limitation of compensation. – No person shall be entitled, save as otherwise expressly provided, to compensation for any damages sustained by reason of any action taken by the authorities of a commune panchayat council or a village panchayat in pursuance of their powers under this Chapter. #109. Public markets. – (1) The commune panchayat council may, after obtaining the previous permission of the Director in writing, provide places for use as public markets and with the sanction of the Director, close any such market or part thereof. (2) Subject to such rules as may be prescribed, the village panchayat or commune panchayat council may, after obtaining the previous permission of the Director in writing, levy any one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any prescribed in that behalf as the commune panchayat council or village panchayat may think fit --- (a) fees for the use of, or for the right to expose goods for sale in such market; (b) fees for the use of shops, stalls, pens or stands in such market; (c) fees on vehicles including motor vehicles as defined in the Motor Vehicles Act, 1939 (Central Act 4 1939)* or pack animals bringing, or on persons taking, into such market any goods for sale; (d) fees on animals brought for sale into or sold in such market; (e) licence fees on brokers, commission agents, weighmen and measures practicing their calling in such market. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * Now, the Motor Vehicles Act, 1988. 541 #110. Licensing of private markets. – (1) No person shall open a private market unless he has obtained a licence from the village panchayat or commune panchayat council, as the case may be, to do so and every such licence shall be renewed every year. (2) (a) The village panchayat or commune panchayat council, as the case may be, shall grant the licence applied for, subject to such conditions as it may think fit as to supervision and inspection, sanitation and water-supply, weights and measures to be used, rents and fees to be charged and such other matters as may be prescribed; (b) The village panchayat or commune panchayat council, as the case may be, may modify the conditions of the licence to take effect from a specified date; (c) The village panchayat or commune panchayat council, as the case may be, may, at any time, suspend or cancel any licence granted under clause (a) for breach of the conditions thereof; (d) Any person aggrieved by an order of the village panchayat or commune panchayat council under clause (a), clause (b) or clause (c) may appeal against such order to the Director, who may if he thinks fit, suspend the execution of the order pending the disposal of the appeal. (3) When a licence granted under sub-section (2) does not permit the levy of any fee, it shall be granted fee of charge; but when such permission is given, a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged by the village panchayat or commune panchayat council, as the case may be, for such licence. (4) The village panchayat or commune panchayat council, as the case may be, or any officer duly authorised by it may close a private market which is unlicensed or the licence for which has been suspended or cancelled, or which is held or kept open contrary to the provisions of this Act. #111. Decision of disputes as to whether places are markets. – If any question arises as to whether any place is a market or not, the village panchayat or commune panchayat council, as the case may be, shall make a reference thereon to the Government and its decision shall be final. #112. Prohibition of sale in unlicensed private markets, etc. – No person shall sell or expose for sale any animal or article -- # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 542 (a) in any public or licensed private market without the previous permission of the executive authority or Commissioner or licensee, as the case may be, or of any person authorised by him, or (b) in any unlicensed private market. #113. Prohibition against sale in public roads. – The executive authority or Commissioner may, with the sanction of the village panchayat or commune panchayat council, as the case may be, prohibit by public notice or licence or regulate the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof. #114. Classification of markets. – (1) The Government shall have power to classify pubic and private markets situated within the jurisdiction of a commune panchayat as commune panchayat markets and village panchayat markets and provide for the control of any such market, and for the apportionment of the income derived therefrom between the commune panchayat council and the village panchayat or for the payment of a contribution in respect thereof to the village panchayat or the commune panchayat council, as the case may be. (2) It shall be open to the Government to revise, from time to time, the apportionment of income ordered or the contribution directed to be paid under this section. #115. Acquisition of right of person to hold private market. -- (1) A commune panchayat council may acquire the rights of any person to hold a private market in any place situated within the jurisdiction of the commune panchayat and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act 1 of 1894) and such rights shall be deemed to be land for the purposes of that Act. (2) On payment by the commune panchayat council of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the commune panchayat council. #116. Public landing places and cart-stands, etc. – Subject to such rules as may be prescribed, the village panchayat may --- (a) provide public landing places, halting places and cart-stands of any description including motor vehicles and levy fees for their use; and (b) where any such place or stand has been provided, prohibit the use for the same purpose by any person, within such distance thereof of any public place or the sides of any public road as the village panchayat may, subject to the control of the Director, specify. Explanation. – In this section, 'cart-stands' includes stands for animals and vehicles. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 543 #117. Private cart-stands. – (1) No person shall open a private cart-stand unless he obtains from the village panchayat a licence to do so and every such licence shall be renewed every year. (2) The village panchayat may grant the licence applied for, subject to such conditions as the village panchayat may think fit as to supervisions and inspection, conservancy and such other matters as may be prescribed; or the village panchayat may refuse to grant such licence. (3) The village panchayat may modify the conditions of the licence to take effect form a specified date. (4) The village panchayat may, at any time, suspend or cancel any licence granted under sub-section (2) for breach of the conditions thereof. (5) The village panchayat may levy on every grant or renewal of licence under this section, a fee not exceeding two hundred rupees. #118. Public slaughter-houses. – A village panchayat may provide places for use as public slaughter-houses and charge rents and fees for their use. #119. Prohibition or regulation of the use of places for slaughtering animals and the licensing of slaughterers. – The Government shall have power to make rules for --- (a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified in the rules on all occasions not excepted therein, at places other than public slaughter-houses; (b) licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and (c) the inspection of slaughter-houses and of the meat therein and the payment of remuneration to the officers employed for such inspection. #120. Numbering of buildings. – (1) In any area to which this Act applies, such authority as may be prescribed in this behalf, may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 544 (2) No person shall, without lawful authority, destroy, pull down or deface any such number. (3) When a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced, and if he fails to do so, the authority referred to in sub-section (1) may, by notice, require him to replace it. ##121. Purpose for which places may not be used without a licence. -- (1) The Government may, by notification, specify the purposes which, in its opinion, are likely to be offensive or dangerous to human life or health or property. (2) The commune panchayat council in the case of panchayat villages may, with the previous approval of the prescribed authority, notify that no place within the limits of any panchayat village in the commune panchayat, or within the limits of such panchayat village or panchayat villages as may be specified in the notification shall be sued for any of the purposes specified in the notification issued under sub-section (1) without a licence and except in accordance with the conditions specified in such licence. (3) No notification issued under sub-section (1) or sub-section (2) shall take effect until sixty days from the date of its publication. (4) The Commissioner shall be the authority competent to grant the licence or refuse to grant it. ##122. Permission for the construction of factories and the installation of machinery. – No person shall, without the previous permission of the commune panchayat council and except in accordance with the conditions specified in such permission --- (a) construct or establish any factory, workshop or work-place in which it is proposed to employ steam power, water power, or other mechanical power or electrical power, or (b) install in any premises any machinery or manufacturing plant drawn by any power as aforesaid, not being machinery or manufacturing plant exempted by the rules. ##123. Power of Government to make rules in respect of the grant and renewal of licences and permissions. – (1) The Government may make rules – (a) prohibiting or regulating the grant or renewal of licences under section 121 and the period for which such licences shall be valid; (b) as to the time within which applications for such licences or renewals thereof shall be made; and (c) prohibiting or regulating the grant of permission under section 122. ## The section came into force on 12-9-1974 vide EG. No. 122, dt. 12.9.1974. 545 (2) Rules made under clause (c) of sub-section (1) may empower the commune panchayat council to set apart specified area for industrial purposes and provide for the refusal of permissions under section 122 in respect of any factory, workshop, work-place or premises outside such areas, and also, subject to the sanction of the prescribed authority, for the removal to such areas, of any factory, workshop or work-place which has been already established at any place, or any machinery, which has already been installed in any premises, situated outside such areas: Provided that no such rule shall authorise the removal of any factory, workshop or work-place or machinery installed in any premises, in the occupation or under the control of the Central Government or any State Government. (3) The Government may, either generally or in any particular case, make such order or give such directions as it may deem fit in respect of any action taken or omitted to be taken under section 121 or section 122. (4) The income derived from fees or licences under section 121 and on permission under section 122 shall, on receipt by the commune panchayat council, be credited to the funds of the village panchayat concerned. CHAPTER – IV TAXATION AND FINANCE @124. Local cess. – (1) The Government shall levy in every commune panchayat a local cess at the rate of fifty paise on every rupee of land revenue payable to the Government in respect of any land for every year, out of which twenty per cent shall be credited to the panchayat equalisation fund under section