Section 78

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

(b) call for any record, register, or other document in the possession , or under the control, of any village panchayat or executive authority, or of any commune panchayat council or Commissioner. (c) require any village panchayat or its executive authority or any commune panchayat council or Commissioner to furnish any return, plan, estimate, statement, account or statistics; (d) require any village panchayat or its executive authority or any commune panchayat council or Commissioner to furnish any information or report on any matter connected with such village panchayat or commune panchayat council; (e) require any village panchayat or its executive authority or any commune panchayat council or the Commissioner to obtain its or his previous sanction before giving up a claim or closing down any institution which is a source of income; (f) record in writing for the consideration of any village panchayat or its executive authority or of any commune panchayat council or Commissioner any observations in regard to its or his proceedings or duties. #199. Power to suspend or cancel resolution, etc., under the Act. – (1) The Director may, by order in writing --- (i) suspend or cancel any resolution passed, orders issued, or licence or permission granted, or (ii) prohibit the doing of any act which is about to be done or is being done, in pursuance or under colours of this Act, if in his opinion – # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 580 (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised, or (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law or an abuse of such power or is considered by the Director to be otherwise undesirable, or (c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray: Provided that nothing in this sub-section shall enable the Director to set aside any election which had been held. (2) The Director shall, before taking action on any of the grounds referred to in clauses (a) and (b) of sub-section (1), give the authority or person concerned an opportunity for explanation. #200. Emergency powers of Director. – Subject to such control as may be prescribed, the Director may, in case of emergency, direct or provide for the execution of any work, or the doing of any act which a village panchayat or its executive authority or a commune panchayat council or Commissioner is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the safety of the public, and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the village panchayat fund or the commune panchayat fund in priority to any other charges against such fund except charges for the service of authorised loans. #201. Power to take action in default by a village panchayat or its President or by a commune panchayat council or its Chairman. – (1) If at any time it appears to the Director that a village panchayat or its President or that a commune panchayat council or its Chairman or Commissioner has made default in performing and duty imposed by or under this Act or any other Act he may, by order in writing, fix a period for the performance of such duty. (2) If such duty is not performed within the period so fixed, the Director may appoint some person to perform it, and may direct that the expense of performing it shall be paid by the person having the custody of the village panchayat fund or the commune panchayat fund, as the case may be, in priority to any other charges against such fund except charges for the service of authorised loans. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 581 (3) If on a representation in writing made by the President, the Director is satisfied that due to the non-co-operation of the members with the President, the village panchayat is not able to function, the Director, may, by notification, authorise the President to perform, subject to the control of the Director, such of the duties imposed upon the village panchayat by law and for such period not exceeding six months as may be specified in such notification. During the period for which the President is so authorised, there shall be no meeting of the village panchayat. #202. Removal of President. --- (1) The Director (a) of his own motion, or (b) on a representation in writing signed by not less than two-thirds of the sanctioned strength of the village panchayat containing a statement of charges against the President and presented in person to the Director by any two of the members of the village panchayat, if satisfied that the President wilfully omits or refuses to carry out or disobeys any provision of this Act, or any rule, bye-law, regulation, or lawful order made or issued thereunder or abuses any power vested in him, shall, by notice in writing, require the President to offer within a specified date, his explanation with respect to his acts of omission or commission mentioned in the notice. (2) If the explanation is received within the specified date and the Director considers that the explanation is satisfactory, he may drop further action with respect to the notice. If no explanation is received within the specified date or if the explanation received is in his opinion not satisfactory, he shall forward to the prescribed authority a copy of the notice referred to in sub-section (1) and the explanation of the President if received within the specified date with a proposal for the removal of the President, for ascertaining the views of the village panchayat. (3) The prescribed authority shall then convene a meeting for the consideration of the notice and the explanation, if any, and proposal for the removal of the President, at the office of the village panchayat at a time appointed by the prescribed authority. (4) A copy of the notice of the meeting shall be caused to be delivered to the President and to all the members of the village panchayat by the prescribed authority at least seven days before the date of the meeting. (5) The prescribed authority shall preside at the meeting convened under this section and no other person shall preside thereat. If within half an hour appointed for the meeting, the prescribed authority is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the members and the President by the prescribed authority under sub-section (6). # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 582 (6) If the prescribed authority is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. The date so appointed shall be not later than thirty days from the date appointed for the meeting under sub-section (3). Notice of not less than seven clear days shall be given to the members and the President of the time appointed for the adjourned meeting. (7) Save as provided in sub-sections (5) and (6), a meeting convened for the purpose of considering the notice and the explanation, if any, and the proposal for the removal of the President under this section shall not for any reason, be adjourned. (8) As soon as the meeting convened under this section is commenced, the prescribed authority shall read to the village panchayat, the notice of the Director and the explanation, if any, of the President, for the consideration of which it has been convened. (9) The prescribed authority shall not speak on the merits of the notice or explanation nor shall he be entitled to vote at the meeting. (10) The views of the village panchayat shall be duly recorded in the minutes of the meeting and a copy of the minutes shall forthwith on the termination of the meeting be forwarded by the prescribed authority to the Director. (11) The Director may, after consideration the views of the village panchayat in this regard, in his discretion either remove the President from office by notification with effect from a date to be specified therein or drop further action. (12) The Government shall have power to cancel any notification issued under sub-section (11) and may, pending a decision on such cancellation, postpone the date specified in such notification. (13) Any person in respect of whom a notification has been issued under sub-section (11) removing him from the office of President, shall, unless the notification is cancelled under sub-section (12), be ineligible or election as President until the date on which notice of the next ordinary elections to the village panchayat is published in the prescribed manner, or the expiry of one year from the date specified in such notification as postponed by the order, if any, issued under sub- section (12), whichever is earlier. #203. Removal of Vice-President. – (1) If, in the opinion of the Director, the Vice- President wilfully omits or refuses to carry out or disobeys any provision of this Act or any rule, bye-law, regulation, or lawful order made or issued thereunder or abuses any power vested in him, the Director shall, by notice in writing, require the Vice-President to offer within a specified date, his explanation with respect to his acts of omission or commission mentioned in the notice. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 583 (2) The provisions of sub-sections (2) to (13) (both inclusive) of section 202 shall, as far as may be, apply in relation to the removal of the Vice-President as they apply in relation to the removal of the President by the Director of his own motion. #204. Removal of Chairman *[or Vice-Chairman]. – **[(1) If, in the opinion of the Government, the Chairman or Vice-Chairman wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders made or issued thereunder or abuses the powers vested in him, the Government shall, by notice in writing, require the Chairman or the Vice-Chairman, as the case may be, to offer within a specified date his explanation with respect to his acts of omission or commission mentioned in the notice]. (2) (a) If the explanation is received within the specified date, and the Government considers that the explanation is satisfactory, the Government may drop further action with respect to the notice. (b) If no explanation is received within the specified date or if the explanation received is in its opinion not satisfactory, the Government shall forward to any officer specified by the Government in this behalf (hereinafter in this section referred to as the "specified officer") a copy of the notice referred to in sub-section (1) and the explanation of the Chairman *[or Vice-Chairman] with a proposal for the removal of the Chairman *[or Vice-Chairman] from office. (3) The specified officer shall then convene a meeting for the consideration of the notice and the explanation, if any, and the proposal for the removal of the Chairman *[or Vice-Chairman], at the office of the commune panchayat council at a date and time appointed by the said officer. (4) A copy of the notice of the meeting shall be caused to be delivered to the Chairman *[or Vice-Chairman] concerned and to all the members of the commune panchayat council by the said officer at least seven days before the date of the meeting. (5) (a) The specified officer shall preside at meeting convened under this section and no other person shall preside thereat. (b) If within half an hour appointed for the meeting, the said officer is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the members by the said officer, under sub-section (6). # The original section 204 in the principal Act came into force on the 26th day of January, 1974. * Inserted vide Act 5 of 1994 w.e.f 22.4.1994. ** Substituted vide Act 5 of 1994 w.e.f 22.4.1994. 584 (6) (a) If the specified officer is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. (b) The date so appointed shall be not later than thirty days from the date appointed for the meeting under sub-section (3). (c) Notice of not less than seven clear days shall be given to the members of the time appointed for the adjourned meeting. (7) Save as provided in sub-sections (5) and (6), a meeting convened for the purpose of considering the notice and the explanation, if any, and the proposal for the removal of the Chairman *[or the Vice-Chairman] under this section shall not, for any reason, be adjourned. (8) As soon as the meeting convened under this section is commenced, the specified officer shall read to the commune panchayat council the notice of the Government and the explanation, if any, of the Chairman *[or Vice-Chairman, as the case may be], for the consideration of which it has been convened and declare it to be open for debate. (9) (a) Such debate shall automatically terminate on the expiry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. (b) Upon the conclusion of the debate or upon the expiry of the said period of two hours, as the case may be, the proposal shall be put to the vote of the members. (10) The specified officer shall not speak on the merits of the notice or explanation nor shall he be entitled to vote at the meeting. (11) The decision of the commune panchayat council accepting or rejecting the proposal of the Government shall be duly recorded in the minutes of the meeting and a copy of the minutes shall forthwith on the termination of the meeting be forwarded by the specified officer to the Government. (12) If the proposal has been accepted by the commune panchayat council at the meeting, the Government shall, by notification, remove the Chairman *[or Vice-Chairman, as the case may be], from office. * Inserted vide Act 5 of 1994 w.e.f 22.4.1994. 585 (13) Any person in respect of whom a notification has been issued under sub-section (12) removing him form the office of Chairman **[or Vice-Chairman] shall be ineligible for election as Chairman **[or Vice-Chairman] and for holding any of those offices until the date on which notice of the next ordinary elections to the commune panchayat council is published in the prescribed manner or the expiry of one year from the date specified in the notification whichever is earlier. * 204 -A. [Omitted] #205. Resignation of office. – (1) (a) Any member or the Vice-President of a village panchayat may resign his office by giving a notice in writing to the President. (b) Except in a case where the person resigning delivers the notice of resignation personally to the President, the President shall, on receipt of such notice, obtain confirmation from the person concerned, as to its genuineness. (c) The resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received by the said President. (2) The President of a village panchayat may resign his office by giving a notice in writing to the Director, but the resignation shall not take effect until it is accepted by the Director. (3) Any member of a commune panchayat council other than the Chairman or Vice-Chairman of such council may resign his office by giving a notice in writing to the Chairman: Provided that on receipt thereof, the Chairman shall, except where it is delivered to him by the member personally, obtain confirmation from the member concerned as to its genuineness and such resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which it is received by the Chairman. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * The section 204–A. omitted by an amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. ** Inserted vide Act 5 of 1994 w.e.f 22.4.1994. 586 *(3A) The Chairman of a commune panchayat council may resign his office by giving a notice in writing to the Government, but the resignation shall not take effect, until it is accepted by the Government. (4) The **[Chairman or] Vice-Chairman of a commune panchayat council may resign his office by giving notice in writing to the commune panchayat council and such resignation shall take effect from the date on which it is placed before the commune panchayat council. (5) (a) Notwithstanding that the resignation of a person from the office of President or Chairman has taken effect under sub-section (2) ***[or sub-section (3A)], the Director may, by notification, record a finding, with reasons therefor, that such person is guilty of wilful omission or refusal to carry out, or disobedience of, the provisions of the Act or any rules, bye-laws, regulations or lawful orders made or issued thereunder or abuse of the powers vested in him, while he held the office of President or Chairman: Provided that the Director shall, before issuing such notification, give the person concerned an opportunity for explanation: Provided further that no action under this clause shall be taken after the expiration of one year from the date on which the resignation has taken effect. (b) A person aggrieved by the notification issued under clause (a) may, within thirty days from the date of publication of such notification, prefer an appeal to the Government and the Government shall, in case the appeal is allowed, cancel such notification. (c) A person in respect of whom a notification was issued under clause (a) shall, unless the notification is cancelled under clause (b), be ineligible for election as President or Chairman, as the case may be, for a period of three years from the date of publication of such notification. #206. Motion of no-confidence in Vice-President of village panchayat. – (1) Subject to the provisions of this section, a motion expressing want of confidence in the vice- President of a village panchayat may be made in accordance with the procedure laid down herein. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * The sub-section (3A) was inserted by amendment Act 4 of 1978 with effect from 20-3-1978 vide Extraordinary Gazette No. 59, dated 30-3-1978. ** The words "Chairman or" omitted by amendment Act 4 of 1978 with effect from 20-3-1978, vide Extraordinary Gazette No. 59, dated 30-3-1978. *** Substituted by an amendment Act 4 of 1978 with effect from 20-3-1978 vide Extraordinary Gazette No. 59, dated 30-3-1978. 587 (2) A written notice of intention to make the motion, signed by members of the village panchayat not less in number than one-half of the sanctioned strength of the village panchayat, together with a copy of the motion which is proposed to be made, and a written statement of the charges against the Vice-President shall be delivered in person to an officer authorised by the Director in this behalf (hereinafter in this section referred to as the "authorised officer") by any two of the members of the village panchayats signing the notice. (3) A copy of the statement of charges along with the notice of the meeting shall be caused to be delivered to the Vice-President concerned by the authorised officer, and the Vice-President shall be required to give a statement in reply to the charges within a week of the receipt of the notice by the Vice-President. (4) The authorised officer shall, after the expiry of the period of the notice issued under sub-section (3), convene a meeting for the consideration of the motion at the office of the village panchayat at a date and time appointed by him. (5) The authorised officer shall give to the members notice of not less than fifteen clear days of such meeting and of the time appointed therefor. (6) (a) The authorised officer shall preside at the meeting convened under this section, and no other person shall preside thereat. (b) If within half an hour after the time appointed for the meeting, the authorised officer is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the members by the authorised officer under sub-section (7). (7) (a) If the authorised officer is unable to preside at the meeting, he may, after recording the reasons in writing, adjourn the meeting to such other time as he may appoint. (b) The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section (4). (c) Notice of not less than seven clear days shall be given to the members of the time appointed for the adjourned meeting. (8) Save as provided in sub-sections (6) and (7), a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned. 588 (9) As soon as the meeting convened under this section has commenced, the authorised officer shall read to the village panchayat the motion for the consideration of which it has been convened, the statement of charges and the statement, if any, of the Vice-President in reply to the said charges and declare it to be open for debate. (10) (a) Such debate shall automatically terminate on the expiry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. (b) Upon the conclusion of the debate or upon the expiry of the said period of two hours, as the case may be, the motion shall be put to the vote of the members. (11) The authorised officer shall not speak on the merits of the motion, nor shall he be entitled to vote thereon. (12) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall forthwith, on the termination of the meeting, be forwarded by the authorised officer to the Director. (13) If the motion is carried with the support of not less than two-thirds of the sanctioned strength of the village panchayat, the Director shall, by notification, remove the Vice-President of the village panchayat. (14) If the motion is not carried by such a majority as aforesaid, or if the meeting cannot be held for want of the quorum referred to in sub-section (13), no notice of any subsequent motion expressing want of confidence in the same vice- President shall be received until after the expiry of six months from the date of the meeting. (15) No notice of a motion under this section shall be received within six months of the assumption of office by the Vice-President. #207. Motion of no-confidence in * [Chairman or] Vice-Chairman of commune panchayat councils. -- (1) Subject to the provisions of this section, a motion expressing want of confidence in the *[Chairman or] Vice-Chairman of a commune panchayat council may be made in accordance with the procedure laid down herein. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * The words "Chairman or", the Chairman or" and "as the case may be", wherever they occur, in section 207 were omitted by amendment Act 4 of 1978 vide Extraordinary Gazette No. 59 dated 30-3-1978 and subsequently inserted by amendment Act 5 of 1994, with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 589 (2) A written notice of intention to make the motion, signed by members of the commune panchayat council not less in number than one half of the sanctioned strength of the commune panchayat council, together with a copy of the motion which is proposed to be made and a written statement of the charges against *[the Chairman or the Vice-Chairman, as the case may be,] shall be delivered in person to any officer specified by the Government in this behalf (hereinafter in this section referred to as the specified officer) by any two of the members of the commune panchayat council signing the notice. (3) A copy of the statement of charges along with the motion shall be caused to be delivered to the *[Chairman or] Vice-Chairman concerned by the specified officer and the *[Chairman or] Vice-Chairman concerned shall be required to give a statement in reply to the charges within a week of the receipt of the motion by the *[Chairman or] Vice-Chairman. (4) The specified officer shall then convene a meeting for the consideration of the motion at the office of the commune panchayat council at a date and time appointed by him. (5) The specified officer shall give to the members notice of not less than fifteen clear days of the meeting and of the time appointed therefor. (6) (a) The specified officer shall preside at the meeting convened under this section, and no other person shall preside thereat. (b) If within half an hour after the time appointed for the meeting, the specified officer is not present to preside at the meeting, the meeting shall stand adjourned to a time to be appointed and notified to the members by the specified officer under sub-section (7). (7) (a) If the specified officer is unable to preside at the meeting, he may, after recording his reasons in writing, adjourn the meeting to such other time as he may appoint. (b) The date so appointed shall not be later than thirty days from the date appointed for the meeting under sub-section (4). (c) Notice of not less than seven clear days shall be given to the members of the time appointed for the adjourned meeting. 590 (8) Save as provided in sub-sections (6) and (7), a meeting convened for the purpose of considering a motion under this section shall not for any reason be adjourned. (9) As soon as the meeting convened under this section has commenced, the specified officer shall read to the commune panchayat council the motion for the consideration of which it has been convened, the statement of charges and the statement, if any, of the *[Chairman or] Vice-Chairman in reply to the said charges and declare it open for debate. (10) (a) Such debate shall automatically terminate on the expiry of two hours from the time appointed for the commencement of the meeting, if it is not concluded earlier. (b) Upon the conclusion of the debate or upon the expiry of the said period of two hours, as the case may be, the motion shall be put to the vote of the members. (11) The specified officer shall not speak on the merits of the motion nor shall he be entitled to vote thereon. (12) A copy of the minutes of the meeting together with a copy of the motion and the results of the voting thereon shall forthwith on the termination of the meeting, be forwarded by the specified officer to the Government. (13) If the motion is carried with the support of not less than two-thirds of the sanctioned strength of the commune panchayat council, the Government shall, by notification, remove *[the Chairman or] Vice-Chairman of *[the commune panchayat council, as the case may be.]. (14) If the motion is not carried by such a majority as aforesaid, or if the meeting cannot be held for want of the quorum referred to in sub-section (13), no notice of any subsequent motion expressing want of confidence in the same *[Chairman or] Vice-Chairman shall be received until after the expiry of six months from the date of the meeting. (15) No notice of a motion under this section shall be received within six months of the assumption of office by *[the Chairman or] Vice-Chairman, *[as the case may be.] 591 +[208. Dissolution of panchayats. – (1) If, in the opinion of the Government, a panchayat is not competent to perform or persistently makes default in the performance of the duties imposed on it by law, or exceeds or abuses its powers, the Government may, by a notification, published together with a statement of reasons therefor, in the Official Gazette, dissolve the panchayat: Provided that the panchayat shall be given a reasonable opportunity of being heard before its dissolution. (2) When the panchayat is dissolved by a notification under sub-section (1), - (a) all members (including the President) shall, on the date of the dissolution, vacate their office as such members and the persons referred to in clauses (ii), (iii), (iv) and (v) of section 9 shall cease to be represented in the panchayat; (b) during the period of dissolution of the panchayat, all powers and duties conferred and imposed upon the panchayats by or under this Act or any other law shall be exercised and performed by such officer or authority as the Government may appoint in that behalf; (c) all property vested in the panchayat shall, until it is reconstituted, vest in the Government. (3) An election to constitute the panchayat shall be completed, subject to the provisions of sub-section (2) of section 13, before the expiration of a period of six months from the date of its dissolution. (4) A notification of dissolution under this section, together with a statement of reasons therefor, shall be laid before the Legislative Assembly as soon as may be, after it has been made]. ** 209. [Omitted.] ** 209-A. [Omitted.] + The section 208 substituted and came into force on 23-4-1994 by amendment Act 5 of 1994, vide Extraordinary Gazette No. 13, dated 23-4-1994. ** The sections 209 and 209A were omitted by amendment Act 5 of 1994 with effect from 23-4-1994 vide Extraordinary Gazette No. 13, dated 23-4-1994. 592 #210. Powers of officers acting for or in default of village panchayat or commune panchayat council and liability of village panchayat or commune panchayat fund. – The Government, the Director or any other person lawfully taking action on behalf, or in default, of a village panchayat or a commune panchayat council under this Act, shall have such powers as are necessary for the purpose and shall be entitled to the same protection under this Act as the village panchayat or the commune panchayat council or its officers or servants whose powers are exercised; and compensation shall be recoverable from the village panchayat fund or the commune panchayat fund by any person suffering damage from the exercise of such powers to the same extent, as if the action had been taken by the village panchayat or the commune panchayat council or any of their officers or servants. #211. Delegation of powers. – (1) The Government may, by notification, authorise any gazetted officer to exercise in any local area in regard to any village panchayat or all village panchayats in that area or in regard to any commune panchayat council or all commune panchayat councils in that area any of the powers vested in it by this Act except the power to make rules and may, in like manner, withdraw such authority. (2) The Director may, by notification, authorise any gazetted officer to exercise in any local area under the jurisdiction of such officer in regard to any commune panchayat council or all commune panchayat councils in that area any of the powers vested by this Act in the Director and may, in like manner, withdraw such authority. (3) The Director may, by notification, authorise any officer not below the rank of a Commissioner to exercise in regard to any village panchayat or all village panchayats in the commune panchayat any of the powers vested by this Act in the Director and may, in like manner, withdraw such authority. (4) The exercise of any power delegated under sub-section (1), sub-section (2) or sub-section (3) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification. #212. Revision. – (1) The Government may, in its discretion, after consulting the Director or such other officer or authority as it may deem fit, at any time, either of its own motion or on application, call for and examine the record of any order passed or proceeding recorded under the provisions of this Act by – (a) the Director or any officer authorised by the Director under sub- section (2) or sub-section (3) of section 211, or (b) any officer authorised by the Government under sub-section (1) of that section, or (c) any other authority or officer, # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 593 for the purpose of satisfying itself as to the legality or propriety of such order, or as to the regularity of such proceeding and pass such order in reference thereto as it thinks fit. (2) The powers of the nature referred to in sub-section (1), may also be exercised by such authority or officer as may be empowered in this behalf by the Government. CHAPTER – VI GENERAL AND MISCELLANEOUS Licences and permissions #213. General provisions regarding licences and permissions. – (1) Save as otherwise expressly provided in or may be prescribed under this Act, every application for any licence or permission under this Act, or any rule, bye-law or regulation made thereunder or for the renewal thereof, shall be made not less than thirty days and not more than ninety days before the earliest date with effect from which, or the commencement of the period (being a year or such less period as is mentioned in the application) for which the licence or permission is required. (2) Save as aforesaid, for every such licence or permission, fees may be charged on such units and at such rates as may be fixed by the village panchayat or the commune panchayat council, as the case may be, provided that the rates shall not exceed the maxima, if any, prescribed. (3) Save as aforesaid, if orders on an application for any such licence or permission are not communicated to the applicant within thirty days or such longer period as may be prescribed in any class of cases after the receipt of the application by the executive authority of the village panchayat or the Commissioner, the application shall be deemed to have been allowed for the period, if any, for which it would have been ordinarily allowed and subject to the law, rules, bye-laws and regulations and all conditions ordinarily imposed. (4) The acceptance of the pre-payment of the fee for any such licence or permission shall not entitle the person making such pre-payment to the licence or permission, but only to a refund of the fee in case of refusal of the licence or permission. (5) If an act for which any such licence or permission is necessary is done without such licence or permission, or in a manner inconsistent with the terms of the licence or permission obtained, then --- # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 594 (a) the executive authority of the village panchayat or the Commissioner may by notice require the person so doing such act to alter, remove, or as far as practicable, restore to its original state, the whole, or any part of any property, movable or immovable, public or private, affected thereby, within a time to be specified in the notice; and (b) if no penalty has been specially provided in this act for so doing such act, the person so doing it shall be punishable with fine not exceeding fifty rupees for every such offence. (6) whenever any person is convicted of an offence in respect of the failure to obtain any such licence or permission, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the village panchayat or the commune panchayat council, as the case may be, the amount of the fee chargeable for the licence or permission, and may, in his discretion, also recover summarily and pay over to the village panchayat or the commune panchayat council, as the case may be, such amount, if any, as he may fix as the costs of the prosecution. Explanation. – The recovery of the fee for a licence or permission under this sub-section shall not entitle the person convicted to the licence or permission. #214. Government not to obtain licences and permissions. – Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye-law or regulation in respect of any place in the occupation or under the control of the Government or in respect of any property of the Government. Power to enforce notices, etc. #215. Time for complying with notice, order, etc., and power to enforce in default. – (1) Whenever by any notice, requisition or order under this Act, or under any rule, bye-law or regulation made thereunder, any person is required to execute any work, to take any measures or to do anything, a reasonable time shall be specified in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done. (2) If such notice, requisition or order is not complied with within the time so specified --- # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 595 (a) the executive authority of the village panchayat or the commissioner, as the case may be, may cause such work to be executed, or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order, (b) if no penalty has been specially provided in this Act for failure to comply with such notice, requisition or order, the said person shall be punishable with fine not exceeding fifty rupees for every such offence. Powers of entry and inspection. #216. Powers of entry and inspection. – (1) Subject to such restrictions and conditions as may be prescribed, the executive authority or the commissioner or any person authorised by him may enter on or into any place, building or land, with or without assistants of workmen in order --- (a) to make any inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work, which is authorised by the provisions of this Act or any rule, bye-law, regulation or order made thereunder or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions, or (b) to satisfy himself that nothing is being done in such place, building or land for which a licence or permission is required under any of the said provisions, without such licence or permission or otherwise than in conformity with the terms of the licence or permission obtained. (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under sub-section (1) or the use of any force necessary for effecting an entrance under that sub-section. #217. Testing weights and measures. – The executive authority or the Commissioner or any person authorised by him may examine and test the weights and measures used in the markets and shops in the panchayat village or the commune panchayat, as the case may be, with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code (Central Act 45 of 1860). # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 596 #218. Power to call for information from karnams. – (1) The executive authority or the Commissioner may, by order in writing, require the karnam of any village comprised within the jurisdiction of the village panchayat or commune panchayat council to furnish him with information on any matter falling within such categories as may be prescribed in respect of such village or any part thereof or any person or property therein. (2) The order shall specify the period within which it may be complied with but the executive authority or the Commissioner may, from time to time, extend such period. Limitation. #219. Limitation for recovery of dues. – No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any tax or other sum due to village panchayat or commune panchayat council under this Act or any rule, bye-law, regulation or order made thereunder after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such tax or sum. Prosecutions, suits, etc. #220. Persons empowered to prosecute. – Save as otherwise expressly provided in this Act, no person shall be tried for any offence against this Act or any rule or bye- law made thereunder unless complaint is made within three months of the commission of the offence by the police, the executive authority, the commune panchayat council, the Commissioner or a person expressly authorised in this behalf by the village panchayat or commune panchayat council, executive authority or Commissioner; but nothing herein shall affect the provisions of the Code of Criminal Procedure, 1898* in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion: Provided that failure to take out a licence or obtain permission under this Act shall, for the purposes of this section, be deemed to be a continuing offence until the expiration of the period, if any, for which the licence or permission is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence. #221. Composition of offences. – The executive authority or the Commissioner may, subject to such restrictions and control, as may be prescribed, compound any offence against this Act or any rule or bye-law made thereunder, which may by rules be declared compoundable. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. * Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 597 #222. Prosecutions and compositions to be reported to village panchayat or commune panchayat council. – Every prosecution instituted or offence compounded by the executive authority or the Commissioner shall be reported by him to the village panchayat or commune panchayat council, as the case may be, at its next meeting. #223. Sanction for prosecution. – (1) When the President or Vice-President or the executive authority of a village panchayat or the Chairman or Vice-Chairman of a commune panchayat council or the Commissioner or any member is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government. (2) When according previous sanction under sub-section (1), it shall be open to the Government to direct by order that the President, Vice-President, executive authority, Chairman, Vice-Chairman or Commissioner, as the case may be, shall not discharge his duties as such until the disposal of the case. #224. Notice of action against village panchayat, etc.—(1) Subject to the provisions of section 225, no suit or other legal proceeding shall be brought against any village panchayat or its President or executive authority or any commune panchayat council or its Chairman or the Commissioner or any member, officer or other employee thereof or against any person acting under the direction of such village panchayat, President, executive authority, commune panchayat council, Chairman, Commissioner, member, officer or other employee, in respect of any act done or purporting to be done under this Act, or in respect of any alleged neglect or default in the execution of this Act, or any rule, bye-law, regulation or order made thereunder until the expiration of two months next after notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended plaintiff, has been left at the office of the village panchayat or commune panchayat council, and if the proceeding is intended to be brought against any such President, executive authority, Chairman, Commissioner, member, officer, other employee, also delivered to him or left at his place of residence. (2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage, during such continuance or within six months after the ceasing thereof. (3) If any village panchayat, commune panchayat council or person to whom notice is given under sub-section (1) tenders amends to the plaintiff before the proceeding is commenced and if the plaintiff does not in such proceeding recover more than the amount so tendered, he shall not recover any costs incurred by him after such tender; and the plaintiff shall also pay all costs incurred by the defendant after such tender. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 598 #225. Protection of Chairman and officers acting in good faith. – No suit or other legal proceeding shall be brought against the Chairman, Commissioner, President, executive authority or any member, officer or other employee, of a commune panchayat council or village panchayat or any person acting under the direction of a commune panchayat council or village panchayat or of such Chairman, Commissioner, President, executive authority or member, officer or other employee in respect of any act done or purporting to be done under this Act, or in respect of any alleged neglect or default on his part in the execution of this Act, or any rule, bye-law, regulation or order made thereunder, if such act was done, or such neglect or default occurred in good faith; but any such proceeding shall, so far as it is maintainable in a court, be brought against the commune panchayat council or the village panchayat except in the case of suits brought under section 227. #226. Injunctions not to be granted in election proceedings. -- Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the preparation or publication of any electoral roll or for the conduct of any election. #227. Liability of President, executive authority and members of a village panchayat and Chairman, Commissioner and members of a commune panchayat council for loss, waste or misapplication. – (1) The President, every member and executive officer of a village panchayat and the Chairman, Commissioner and every member of a commune panchayat council shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the village panchayat or commune panchayat council if such loss, waste or misapplication is a direct consequence of his neglect or misconduct. (2) If after giving the President, executive authority, Chairman, Commissioner, or the member a reasonable opportunity for showing cause to the contrary, an officer authorised by the Government is satisfied that the loss, waste or misapplication of any money or other property owned by or vested in the village panchayat or commune panchayat council is a direct consequence of his misconduct or gross negligence, the officer so authorised shall by an order in writing direct such person to pay to the village panchayat or commune panchayat council before a fixed date the amount required to be reimbursed to it for such loss, waste or misapplication. (3) If the amount is not so paid, it shall be recovered in the manner prescribed under section 165 and credited to the fund of the village panchayat or commune panchayat council. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 599 (4) (a) An appeal shall lie to the District court against the order made under sub-section (2): Provided that no such appeal shall be entertained by such court unless it is brought within one month from the receipt by the concerned person of the order of the officer authorised under sub-section (2) and the amount claimed has been deposited by him with the village panchayat or commune panchayat council; (b) The court, after taking such evidence as it thinks necessary, may confirm, modify or remit such amount and make such order as to costs as it thinks proper. #228. Assessment, etc., not to be impeached. – (1) No assessment or demand made, and no charge imposed, under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake --- (a) in respect of the name, residence, place of business or occupation of any person, or (b) in the description of any property, or thing, or (c) in respect of the amount assessed, demanded or charged: Provided that, --- (i) the provisions of this Act have in substance and effect been complied with, and (ii) no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court. (2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of assessment or collection of money made under the said authority: Provided that the provisions of this Act have in substance and effect been complied with. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, defect, or want of form in the bill, notice of demand, warrant of distraint, inventory, or other proceeding relating thereto, if the provisions of this Act, and of the rule and bye- laws made thereunder have in substance and effect been complied with: Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 600 #229. Public road, markets, wells, tanks, etc., to be open to all. -- All roads, markets, wells, tanks, reservoirs and water-ways vested in or maintained by a village panchayat for a commune panchayat council shall be open to the use and enjoyment of all persons, irrespective of their caste or creed. #230. Power to farm out fees. – A village panchayat or a commune panchayat council shall have power to farm out the collection of any fees due to it under this Act or any rule, bye-law or regulation made thereunder for any period not exceeding three years at a time, on such conditions as it thinks fit. #231. Adjudication of disputes between local authorities. – (1) When a dispute exists between a village panchayat or a commune panchayat council and one or more other local authorities in regard to any matter arising under the provisions of this Act or any other Act and the Government is of opinion that the village panchayat or the commune panchayat council and the other local authorities, concerned are unable to settle it amicably among themselves the Government may take cognizance of the dispute, and – (a) decide it itself, or (b) refer it for inquiry and report to a joint committee constituted for the purpose. (2) The report referred to in clause (b) of sub-section (1) shall be submitted to the Government who shall decide the dispute in such manner as it deems fit. (3) (a) Any decision given under clause (a) of sub-section (1) or under sub- section (2) may be modified from time to time by the Government in such manner as it deems fit, and any such decision with the modifications, if any, made therein under this sub-section may be cancelled at any time by the Government. (b) Any such decision or any modification therein or cancellation thereof shall be binding on the village panchayat, the commune panchayat council and each of the other local authorities concerned and shall not be liable to be questioned in any court. #232. Constitution of territorial council for panchayats, its functions, etc., -- (1) There shall be a territorial council for panchayats (hereinafter referred to as the territorial council) consisting of the following members, namely.- # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 601 (i) the Minister in-charge of the department dealing with panchayat raj in the Union territory; (ii) the chairmen of the commune panchayat councils; (iii) four persons to be nominated by the Government from amongst person associated with the development of panchayats, of whom one shall be a woman and one shall be a member of the Scheduled Caste; (iv) three officers to be nominated by the Government; and (v) three persons to be nominated by the Government from amongst members of the Legislative Assembly of Puducherry. (2) The Minister-in-charge of the department dealing with panchayat raj in the Union territory shall be the Chairman, ex-offico of the territorial council. (3) There shall be a Vice-Chairman who shall be elected from amongst the members of the territorial council. (4) The Secretary to the Government in-charge of panchayat raj shall be the secretary to the territorial council. (5) The functions of the territorial council shall be, --- (a) to advise the Government on all general questions pertaining to panchayats; (b) to review the administration of panchayats and to suggest ways of co-ordinating the activities of panchayats; (c) to watch the progress of measures undertaken by the panchayats in respect of services and development schemes; (d) to advise the Government on matters concerning the implementation of any provision of law or any order specifically referred by the Government to the territorial council, such as --- (i) classification of markets as village panchayat markets and commune panchayat markets and fixing rates of contribution payable by one authority to the other; (ii) classification of fairs and festivals as village panchayat fair, and village panchayat festival and commune panchayat fair and commune panchayat festival; 602 (iii) classification of public roads (other than roads classified by Government as National Highways, State Highways and major district roads) as commune panchayat roads and village panchayat roads; (6) (a) The meeting of the territorial council may be held as often as may be necessary and the territorial council shall, subject to the provisions of clauses (b) and (c), observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed: Provided that not more than six months shall elapse between one meeting of the territorial council and another. (b) The Chairman of the territorial council or its Vice-Chairman shall preside at a meeting of the territorial council. (c) All questions at a meeting of the territorial council shall be decided by a majority of votes of the members present and voting and in the case of equality of votes, the Chairman of the territorial council or in his absence the Vice-Chairman shall have a second or casting vote: Provided that the member of the territorial council, who is an officer of the Government, shall have right to take part in the discussion, but shall not have a right to vote at a meeting of the territorial council and shall not be member of the said council for any other purposes. #233. General powers of territorial council. – For the purpose of efficiently performing its functions under this Act, the territorial council may- (a) undertake such measures as it deems necessary; (b) collect such data as it deems necessary; (c) publish statistics or other information relating to the various aspects of the regulation or development of the activities of commune panchayat councils and village panchayats; and (d) require any commune panchayat council or village panchayat to furnish such information as may be required by it in relation to the measures undertaken by that commune panchayat council or village panchayat for the regulation or development of its activities and such other matters as may be prescribed. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 603 #234. Annual report. – (1) The territorial council shall prepare in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Government. (2) The Government shall cause the report to be laid before the Legislative Assembly of Puducherry together with its comments thereon. #235. Returns, statistics, etc. – The territorial council shall furnish to the Government such returns, statistics and other information with respect to its activities as the Government may, from time to time, require. #236. Power to make rules regarding territorial council. – (1) The Government may make rules generally to regulate matters in respect of the territorial council. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -- (a) the allowances of members of the territorial council; (b) the matters in respect of which the territorial council may require commune panchayat council or village panchayat to furnish information; (c) the form in which, and the time within which, the annual report of the territorial council may be prepared and forwarded to the Government; (d) the returns, statistics and other information which the territorial council may be required to furnish to the Government; (e) regulating the meetings of the territorial council and the procedure for conducting meetings; (f) regulating the manner in which and the purposes for which, committees may be appointed; (g) any other matter which has to be or may be, prescribed. CHAPTER – VII CATTLE-POUNDS #237. Cattle-trespass Act to cease to apply to panchayat areas – The provisions of the Cattle-trespass Act, 1871 (Central Act 1 of 1871) (hereinafter in this section referred to as the said Act) shall cease to apply in relation to the panchayat villages to which this Act applies: # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 604 Provided that --- (a) nothing in this section shall affect the liability of any person to any penalty under the said Act; (b) any appointment, notification, order, rule made or issued or deemed to be made or issued under the said Act in respect of any cattle-pounds within the limits of any panchayat village shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act, and continue in force until superseded by any appointment, notification, order or rule made or issued under this Act; (c) any cattle-pound in the local area established or deemed to be established under the said Act shall be deemed to be vested in the village panchayat within whose limits it is situated and shall be maintained and managed by the village panchayat in accordance with the provisions of this Act. Explanation. – For the purposes of this Chapter 'cattle' means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids. #238. Power to establish cattle-pounds and appoint pound-keepers. – (1) Notwithstanding anything contained in any law for the time being in force, every village panchayat within the limits of its jurisdiction shall, from time to time, appoint such places as it thinks fit to be public pounds, and may appoint suitable persons to be keepers of such pounds. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the village panchayat. #239. Duties of pound-keepers. – (1) Every pound-keeper shall maintain such registers and prepare such returns as the Government may from time to time by rules prescribe. (2) When cattle are brought to a pound, the pound-keeper shall enter in his register --- (a) the number and description of the animals; (b) the day and hour on and at which they were so brought; (c) the name and residence of the seizer; and (d) the name and residence of the owner, if known, and shall give the seizer or his agent a copy of the entry. (3) The pound-keeper shall take charge of, feed and water, the cattle until they are disposed of as hereinafter provided. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 605 #240. Impounding cattle. – (1) It shall be the duty of every police officer and it shall be lawful for any panchayat officer or servant authorsied by the village panchayat in this behalf to seize and take to any public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the panchayat village. (2) It shall be lawful for any person who is the owner or who is in charge of any private or public property to seize and take to any such public pound for confinement therein, any cattle trespassing upon such property or causing damage thereto. (3) Whoever forcibly opposes the seizure of cattle liable to be seized under this section, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both. #241. Delivery of cattle claimed. – If the owner of cattle which are impounded under section 240 or his agent appears and claims such cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 244. #242. Security in respect of impounded cattle. – (1) Every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form prescribed by rules, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle. (2) If any cattle belonging to such owner are again impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a part thereof, as may be prescribed by rules, shall stand forfeited to the village panchayat. If cattle are not impounded as aforesaid, the amount of security deposit shall, on an application made by or on behalf of the depositor, be refunded to him on the expiry of that period. #243. Sale of cattle not claimed. – (1) If within ten days after any cattle has been impounded, no person appearing to be the owner of such cattle claims the cattle under section 241, such cattle shall be forthwith sold by auction. (2) If within the period specified in sub-section (1) the owner or his agent claims the cattle but refuses or fails to pay the pound-fees and the expenses chargeable under section 244, the cattle or as many of them as may be necessary shall be sold by auction: # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 606 Provided that, if the cattle is not sold at auction under sub-section (1) or sub- section (2), it shall be disposed of in such other manner as the Government may by rules prescribe. (3) The Government may make rules prescribing the manner in which auction under sub-section (1) or sub-section (2) may be held. (4) The surplus remaining after deducting the pound-fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who within fifteen days after the sale proves to the satisfaction of the executive authority that he was the owner of such cattle and shall in any other case, form part of the panchayat fund. (5) No police officer, or member of a village panchayat or officer or servant of the village panchayat, including the pound-keeper, shall directly or indirectly purchase any cattle at a sale under sub-section (1) or sub-section (2). #244. Pound-fees and expenses chargeable to be fixed. – (1) The pound-fee chargeable shall be such as the Government may, from time to time, by rules prescribe for each kind of cattle. (2) The expenses chargeable shall be at such rates for such day during any part of which any cattle is impounded, as the village panchayat may, by bye-laws, fix. #245. Complaints of illegal seizure or detention. – (1) Any person whose cattle have been seized under this Chapter or having been so seized, have been detained, in contravention thereof, may, at any time, within ten days from the date of the seizure, make a complaint to such court as may be prescribed. (2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances of the case. If the court on examining the complainant or his agent has reason to believe that the complaint is well founded, he shall summon the person complained against, and make an inquiry into the case. (3) If the seizure or detention be adjudged illegal, the court shall award to the complainant for the loss caused by the seizure or detention reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant in procuring the release of the cattle, and if the cattle have not been released, the court shall, besides awarding such compensation, order their release and direct that the fees and expenses leviable under this Chapter shall be paid by the person who made the seizure or detained the cattle. (4) The compensation, fees and expenses mentioned in this section, may be recovered as if they were fines imposed by the court. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 607 CHAPTER – VIII EVICTION OF PERSONS FROM PANCHAYAT PREMISES #246. Definitions. – For the purposes of this Chapter, --- (a) "panchayat premises" means any land or any building or part of a building belonging to a village panchayat or a commune panchayat council and includes, (i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof; (b) "unauthorised occupation", in relation to any panchayat premises, means the occupation by any person of the panchayat premises without authority for such occupation, and includes the continuance in occupation by any person of the panchayat premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. #247. Issue of notice to show-cause against order of eviction. – (1) If the Commissioner of the commune panchayat at the instance of the village panchayat or on his own motion, is of opinion that any persons are in unauthorsied occupation of any panchayat premises and that they should be evicted, the Commissioner shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show-cause why an order of eviction should not be made. (2) The notice shall --- (a) specify the grounds on which the order of eviction is proposed to be made; and (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the panchayat premises, to show-cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 608 (3) The Commissioner shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the panchayat premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. (4) Where the Commissioner knows or has reason to believe that any persons are in occupation of the panchayat premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person in the manner prescribed. #248. Eviction of unauthorised occupants. – (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 247 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Commissioner is satisfied that the panchayat premises are in unauthorised occupation, the Commissioner may, on a date to be fixed for the purpose, make an order of eviction for reasons to be recorded therein, directing that the panchayat premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the panchayat premises. (2) If any person refuses or fails to comply with the order of eviction within thirty-five days of the date of its publication under sub-section (1), the Commissioner or any other officer duly authorised by the Commissioner in this behalf may evict that person from, and take possession of, the panchayat premises and may, for that purpose, use such force as may be necessary. #249. Disposal of property or property left on panchayat premises by unauthorised occupants. – (1) Where any persons have been evicted from any panchayat premises under section 248 the Commissioner may, after giving fourteen days’ notice to the person from whom possession of the panchayat premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by pubic auction any property remaining on such premises. (2) Where any property is sold under sub-section (1) the sale proceeds shall, after deducting the expenses of the sale and amount, if any, due to the village panchayat or commune panchayat council on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the Commissioner to be entitled to the same: Provided that where the Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final. # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 609 #250. Power to recover rent or damages in respect of panchayat premises as arrears of land revenue. – (1) Where any person is in arrears of rent payable in respect of any panchayat premises, the Commissioner may, by an order in writing, require that person to pay the same within such time and such instalments as may be specified in the order. (2) Where any person is, or has at any time been, in unauthorised occupation of any panchayat premises, the Commissioner may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by an order in writing, require that person to pay the damages within such time and in such instalments as may be specified in the order. (3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show-cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Commissioner. #251. Power of Commissioner. - The Commissioner shall, for the purpose of holding any inquiry under this Chapter, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit, in respect of the following matters, namely.- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) any other matter which may be prescribed. #252. Appeal. – (1) An appeal shall lie from every order of the Commissioner made in respect of any panchayat premises under section 248 or section 250 to an appellate officer who shall be the District Judge or any other Judge not below the rank of a Subordinate Judge as may be specified by him in this behalf. (2) An appeal under sub-section (1) shall be preferred --- (a) in the case of an appeal from an order under section 248 within fifteen days from the date of publication of the order under sub-section (1) of that section; and (b) in the case of an appeal from an order under section 250 within fifteen days from the date on which the order is communicated to the appellant: # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 610 Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) Where an appeal is preferred from an order of the Commissioner, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (5) The costs of any appeal under this section shall be in the discretion of the appellate officer. #253. Finality of orders. – Save as otherwise expressly provided in this Chapter, every order made by the Commissioner or appellate officer under this Chapter shall be final and shall not be called in question in any original suit, application or execution proceedings. #254. Offences and penalties. – (1) If any person who has been evicted from any panchayat premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. (2) Any Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any action that may be taken against him under this Act. #255. Power to make rules. -- (1) The Government may, by notification, make rules generally to provide for or to regulate matters in respect of eviction form panchayat premises to be made under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -- (a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served; (b) the holding of inquiries under this Act; (c) the procedure to be followed in taking possession of panchayat premises; # The section came into force on the 26th day of January, 1974 vide EG No. 11, dt. 17.1.1974. 611 (d) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages; (e) the manner in which appeals may be preferred and the procedure to be followed in appeals; (f) any other matter which has to be, or may be, prescribed. CHAPTER – IX CIVIL AND CRIMINAL JUSTICE Conciliation board @256. Definitions. – In this Chapter, unless the context otherwise requires, -- (a) "board" means the conciliation board referred to in sub-section (2) of section 257; (b) "case" means a criminal proceeding in respect of any offence triable by a nyaya panchayat; (c) "dispute" means a dispute in respect of which a civil suit is maintainable in a nyaya panchayat; (d) "nyaya panchayat" means a nyaya panchayat established under this Chapter; (e) "suit" means a civil suit triable by a nyaya panchayat. @257. Constitution of conciliation board. – (1) (a) When a suit is instituted in a nyaya panchayat under this Chapter, the person to whom the application in relation to such suit is made under section 306 shall forthwith refer the dispute for attempting conciliation between the parties, to the President of the village panchayat of the panchayat village which is situated within its jurisdiction and within the local limits of which – (i) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or (ii) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides or carries on business, or personally works for gain, provided that in such case either the leave of the nyaya panchayat is given, or the defendants who do not reside or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 612 (iii) the cause of action, wholly or in part, arose. (b) The determination of the panchayat village for the purpose of clause (a) by the person so referring the dispute shall be final and no appeal or revision shall lie therefrom. Explanation. – In the case of a dissolved or superseded village panchayat the person appointed to perform the functions of the village panchayat shall be deemed to be the President for the purposes of this Chapter. (2) On receipt of such a reference, the President of such village panchayat shall forthwith require the plaintiff and the defendant each to nominate, within fourteen days of such requisition, one or two persons as members of a conciliation board, from amongst persons who are not members of the nyaya panchayat. The members so nominated and the standing member elected by the village panchayat in accordance with sub-section (3) shall constitute the conciliation board. If the plaintiff or the defendant fails to make the nomination, conciliation shall be deemed to have failed. (3) Every village panchayat shall as soon as may be after the election of the President or Vice-President at its first meeting elect in the prescribed manner one person to be standing member who shall act as President of the board. @258. Place of proceedings. – The board may hold its proceedings in the office of the village panchayat if there is one or in any other place within the panchayat village. @259. Commencement of proceedings for conciliation. – (1) As soon as the board is constituted under section 257, the President of the Board shall fix the date, time and place for hearing the dispute and give notice thereof to the parties to the dispute allowing them reasonable time for appearance. (2) Both the parties to the dispute shall appear before the board as required by such notice. (3) If due to a valid reason, a party to the dispute is unable to appear before the board as aforesaid, he shall inform the board on or before the date so fixed of his inability to attend and the reason therefor. The board may adjourn or terminate the proceedings as it may deem fit. (4) If a party fails to comply with such notice, he shall be liable to a fine which may extend to ten rupees and for a subsequent default to a fine which may extend to twenty rupees for each such default. The fine shall be realised in the same manner as a fine imposed by the nyaya panchayat and shall be credited to the village panchayat fund. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 613 (5) The proceedings of the board shall not be open to the public. (6) The proceedings of the board shall be oral except to the extent provided for in section 262 and as far as possible continuous and shall be concluded within ninety days after the date of receipt of the reference of the dispute by the President of the village panchayat under section 257. (7) If no conciliation is effected within ninety days as aforesaid, the conciliation proceedings shall be deemed to have failed. @260. Witness. - The board shall hear the witnesses who are produced before it by the parties or appear voluntarily, but it shall not have the power to summon any witness to appear and give evidence before it; and no evidence shall be recorded in writing. @261. Board not to administer oath. - The board shall have no power to administer oath either to the parties or to their witnesses. @262. Result of conciliation proceedings to be recorded – (1) On the conclusion or termination of the conciliation proceedings, the result of such proceedings shall be recorded by the board in writing specifying the following particulars, namely: -- (a) the date, time and place of the proceedings; (b) the names of the parties and their lawful representatives, if any, appearing; (c) a brief statement of the claim of each party; (d) the dispute and its subject-matter with a brief substance of the evidence let in by the parties; and (e) the settlement, if any: Provided that where no compromise has been arrived at, only items (a), (b) and (c) shall be mentioned as also the fact of the failure to arrive at a compromise. (2) The proceedings recorded under sub-section (1) shall be read out to the parties or given to them for reading and the fact that the same have been admitted by the parties to be correct, shall be noted thereon. The said proceedings shall then be signed by all the members of the board and the parties to the dispute and the President of the board shall forthwith forward the record of the said proceedings to the President of the nyaya panchayat. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 614 @263. Maintenance of register of conciliation proceedings. – (1) The President referred to in section 257 shall cause to be maintained a register of the conciliation proceedings showing the particulars specified in section 262. (2) The parties or their lawful representatives shall, on application, be entitled to a copy of the said proceedings on payment of one rupee for each copy. Every copy so supplied shall bear the name of the applicant, the date of application and the date of supply thereof and shall be attested by the President of the board. @264. Execution of settlement. – (1) The settlement effected by the board shall have effect as if it were a decree or order of the nyaya panchayat or of a competent court. (2) the nyaya panchayat or the court, to which the settlement of the board is sent for execution, shall intimate the result of the execution to the President referred to in section 257 who shall thereupon enter such result in the register maintained under section 263. (3) Notwithstanding anything in the law relating to registration of documents for the time being in force, the settlement made under section 262 shall not be liable to registration. @265. Secrecy of proceedings. – No member of the board or its President shall disclose to any person, court or authority anything which has come to his knowledge in the course of conciliation proceedings nor shall he be compelled by any court or authority to answer any question relating to such proceedings. Nyaya panchayat @266. Establishment of nyaya panchayat. – Subject to such rules as may be prescribed, the Government may, for the administration of civil and criminal justice, by notification, establish a nyaya panchayat for every commune panchayat. @267. Constitution of nyaya panchayat. – Every nyaya panchayat shall consist of the following members, namely: -- (a) three members to be nominated in the prescribed manner by the commune panchayat council from among the following, namely: -- @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 615 (i) the members of the village panchayat other than the President thereof, or (ii) other persons residing in the village who are not disqualified to be members of the village panchayat. (b) one member representing the Scheduled Castes and one woman member representing women, to be nominated in the prescribed manner, by the commune panchayat council from among the following namely: -- (i) the members of the Scheduled Castes or the women members, as the case may be, of all the village panchayats in such commune panchayat; (ii) other persons belonging to the Scheduled Castes, or women, as the case may be, residing in any village in such commune panchayat, who are not disqualified to be members of a village panchayat. Explanation. – The supersession or dissolution of a village panchayat shall not by itself be deemed to disqualify a member of the nyaya panchayat who was a member of such superseded or dissolved village panchayat from continuing to be the member of the nyaya panchayat. @268. Term of office of members of nyaya panchayat. – (1) Save as otherwise provided in this Chapter, the term of office of members of a nyaya panchayat shall be three years commencing from the date on which its President is elected under section 269. (2) The term of office of the outgoing members shall be deemed to extend to or expire with the days immediately preceding the date on which the President of the re-constituted nyaya panchayat is elected. (3) Ordinary vacancies and causal vacancies in the office of members of a nyaya panchayat shall be filled in accordance with the provisions of section 267. A member nominated in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is nominated would have been entitled to hold office if the vacancy had not occurred. @269. Election of President and Vice-President of nyaya panchayat. – As soon as may be after the nomination of the members under section 267 and subject to such rules as may be made in this behalf, the members of the nyaya panchayat shall, at a meeting convened for the purpose, elect from amongst themselves, one person to be President and one other to be Vice-President of the nyaya panchayat. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 616 @270. Resignation of a member, Vice-President or President. – (1) A member or the Vice-President of a nyaya panchayat may resign his office by giving notice in writing to the President thereof and such resignation shall take effect on the date on which it is received by the President. (2) The President of a nyaya panchayat may resign his office by giving notice in writing to the nyaya panchayat. Such resignation shall take effect from the date on which it is placed before a meeting of the nyaya panchayat. (3) If the President is absent from the village or is incapacitated by reason of serious illness or otherwise, the notice in writing, referred to in sub-section (1) may be given to the nyaya panchayat and such resignation shall take effect from the date on which it is placed before the meeting of the nyaya panchayat. @271. Suspension or removal of President or Vice-President or a member of a nyaya panchayat. -- (1) The Subordinate Judge having jurisdiction, may suspend or remove from office, the President, the Vice-President or member of a nyaya panchayat for incapacity, neglect of duty or misconduct: Provided that no such order shall be passed without giving the person concerned an opportunity for making a representation. (2) From every order of suspension or removal, an appeal may be preferred within one month to the District and Sessions Judge whose decision thereon shall be final. (3) If the person suspended or removed under sub-section (1) is a member of a village panchayat, such suspension or removal shall not by itself disqualify him from continuing to be a member of the village panchayat. (4) A person removed from a nyaya panchayat under sub-section (1) shall not be eligible for re-nomination as a member of the nyaya panchayat for a period of five years from the date of the removal. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 617 @272. Seal of nyaya panchayat. – Every nyaya panchayat shall have a seal of such form and dimensions as may be prescribed. @273. Conduct of business of nyaya panchayat. – (1) The nyaya panchayat shall, in regard to the conduct of its business, follow such rules as may be prescribed. (2) Evidence given orally before a nyaya panchayat shall be on oath or solemn affirmation and brief memorandum of the substance of what each person deposes shall be written and kept as part of the record in the prescribed manner. (3) Save as otherwise provided in this Act or the rules made thereunder, the provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872) the Code of Criminal Procedure, 1898* (Central Act 5 of 1898), and the code of Civil Procedure, 1908 (Central Act 5 of 1908) shall not apply to the proceedings of a nyaya panchayat. @274. Presidency at meeting of nyaya panchayat. – Every nyaya panchayat shall be presided over by the President, in his absence by the Vice-President and in the absence of both the President and Vice-President, by a member chosen by the nyaya panchayat to preside for the occasion. @275. Quorum and decisions at the sittings of nyaya panchayat. – Three members of the nyaya panchayat shall constitute a quorum for a sitting of the nyaya panchayat and the decision of the majority present shall be the decision of the nyaya panchayat. @276. Nyaya panchayat to have exclusive civil and criminal jurisdiction. -- Notwithstanding anything in the Code of Criminal Procedure, 1898* (Central Act 5 of 1898), or the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or any law for the time being in force relating to suits or applications cognizable by revenue courts, and subject to the provisions of this Act, a nyaya panchayat shall have exclusive jurisdiction for trial of such suits as are specified in section 277 and of such offences as are specified in section 296. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. * Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 618 Civil jurisdiction @277. Suits cognizable by nyaya panchayat. – (1) The Government may, by order notified in the Official Gazette, empower a nyaya panchayat with effect from such date as may be specified therein, to take cognizance of any suit of the following description, if its value does not exceed two hundred and fifty rupees, namely: -- (a) save as otherwise provided in clause (g), a suit for the recovery of money due on contract other than a contract in respect of immovable property; (b) a suit for the recovery of movable property or for the value of such property; (c) a suit for compensation for wrongfully taking or injuring movable property; (d) a suit for damage caused by cattle-trespass; (e) a suit for the payment of a tax, fee or other amount due to a village panchayat or commune panchayat council; (f) a suit for the refund of a tax, fee or other amount due from a village panchayat or commune panchayat council; and (g) a suit for rent due from any immovable property. (2) Suits relating to easements other than riparian easements shall also be cognizable by a nyaya panchayat. @278. suits not cognizable by a nyaya panchayat. – A nyaya panchayat shall have no jurisdiction to take cognizance of the following suits, namely: -- (i) a suit for a balance of partnership account, unless the balance has been struck by the parties or their agents; (ii) a suit for a share or part of a share under an intestacy or for a legacy or part of a legacy under a will; (iii) a suit by or against any State Government or the Central Government, or a public servant for acts done in his official capacity; @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 619 (iv) a suit by or against a minor or a person of unsound mind; (v) a suit on account of any dispute or matter other than a suit referred to in clause (g) of sub-section (1) of section 277 in respect of which any suit or application would be cognizable by a revenue court. @279. Compromise of suits.-- When it is proved to its satisfaction that a suit has been adjusted wholly or in part by oath or by any lawful agreement, compromise or satisfaction, the nyaya panchayat shall order such agreement, compromise or satisfaction to be recorded and shall pass a decree in accordance therewith so far as it relates to the suit: Provided that when a nyaya panchayat does not pass a decree in accordance with the agreement, compromise or satisfaction under this section, it shall record its reasons in writing. @280. The nyaya panchayat in which a suit is to be instituted. – Every suit cognizable by a nyaya panchayat shall be instituted in the nyaya panchayat within the local limits of which --- (a) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or (b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business or personally works for gain, provided that in such case either the leave of the nyaya panchayat is given or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or (c) the cause of action, wholly or in part, arose. Explanation. – Where a person has a permanent dwelling at one place and also temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence. @281. Suits to include the whole claim. – (1) Every suit instituted before a nyaya panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the nyaya panchayat. (2) If a plaintiff intentionally omits to sue in respect of, or relinquishes any portion of, his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 620 @282. Commencement of proceedings in a suit before a nyaya panchayat.- The proceedings in relation to a suit instituted in a nyaya panchayat shall commence only when the record of the conciliation proceedings received under sub-section (2) of section 262 shows that the conciliation proceedings in respect of the dispute have failed. @283. Incidental determination of matters not cognizable by nyaya panchayat. – If, in the decision of a suit cognizable by a nyaya panchayat it becomes necessary to decide incidentally any matter in dispute between the parties to the suit, concerning title to immovable property, or the legal character of either of them, or of those under whom they claim, or the existence of any contract or obligation, which if it had been the immediate subject matter of the suit, would not be cognizable under this Act by a nyaya panchayat, it shall be competent to the nyaya panchayat to decide such question of title, legal character, contract or obligation as far as may be necessary for the determination of such suit, but such decision shall not be evidence of such title, legal character, contract or obligation in any other action though between the same parties or their representatives. @284. Appearance in person or by agent. – No legal practitioner, whether qualified or unqualified shall be allowed to appear before a nyaya panchayat on behalf of any party to a suit but any party may authorise a servant, gumastha, partner, relation or friend to appear and plead for him; Provided that it shall be competent to the nyaya panchayat whenever it deems it necessary for the ends of justice, to order the personal attendance of any of the parties to the suit and if the party so ordered does not attend in person, he shall be subject to the same consequences as if he did not appear either in person or by any agent. @285. Exemption of certain persons from personal appearance in suits. – Women, who according to the customs and manners of the country, ought not to be compelled to appear in pubic, persons exempted from personal appearance in court and any person who, by reason of sickness or bodily infirmity cannot attend without serious inconvenience, shall be exempt from personal appearance before a nyaya panchayat in any suit, but when the evidence of any such person is necessary, the nyaya panchayat shall examine such person at his or her residence. #286. Limitation. -- The provisions of the Limitation Act, 1963 (Central Act 38 of 1963) shall apply to suits cognizable by a nyaya panchayat under this Act. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 621 @287. Death of parties. – (1) If a plaintiff or a defendant dies before decree is passed in the suit, the name of his legal representative may be entered in his place on the record, on the application of the opposite party or of such legal representative, but no decree shall be passed against the legal representative of a deceased defendant beyond the value of the assets derived from him and not duly accounted for. (2) If no such application be made within sixty days from the date of the death of the plaintiff or defendant, the suit shall be dismissed, and no fresh suit shall be allowed to be brought on the same cause of action. (3) If there be more plaintiffs or defendants than one, and any of them dies and his representative is not joined as aforesaid, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. (4) If a decree-holder dies before the decree has been fully executed, his legal representative may apply to the nyaya panchayat to substitute his name as the decree-holder, in the place of the deceased, and if the nyaya panchayat be satisfied, after giving notice to the judgment-debtor, that the applicant is the legal representative of the deceased, it shall substitute his name on the record as the decree-holder. (5) If a judgment-debtor dies before the decree has been fully executed, it may be executed on the application of the decree-holder against the legal representative of the judgment-debtor, to the extent of assets derived from him and not duly account for. @288. Nyaya panchayat may transfer certain suits to Judicial Officers. – If at any stage of the proceedings relating to a suit, it appears to the nyaya panchayat that the suit involves decision of complicated issues of law or facts which should be decided by a Judicial Officer, it may refer the matter to the Subordinate Judge under whose jurisdiction a nyaya panchayat is situated for transferring the suit to the district Munsif having jurisdiction to try the same. @289. Transfer of certain suits. – (1) On the application of any of the parties to the suit after notice to the parties or of its own motion, the Subordinate Judge under whose jurisdiction a nyaya panchayat is situated, may, at any stage, transfer any suit pending before a nyaya panchayat to any other nyaya panchayat or to a competent District Munsif within his jurisdiction. (2) Where, however, a nyaya panchayat is dissolved and no new nyaya panchayat is immediately constituted in lieu thereof, the Subordinate Judge shall transfer all suits and proceedings pending before such nyaya panchayat to any other nyaya panchayat or District Munsif, as the case may be, within his jurisdiction. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 622 @290. On conclusion of hearing, nyaya panchayat to pass decree. – When the parties or their agents have been heard, and the evidence on both sides considered, the nyaya panchayat shall pass such decree as may seem just, equitable and according to good conscience. @291. Contents of decree. -- (1) The decree shall contain the number of the suit, the names of the parties, the particulars of the claim, the names of the witnesses examined, the titles of the exhibits read, the decision thereon and the reasons for such decision. It shall specify the sum of money adjusted, the movable property to be delivered, the sum to be paid in default of delivery and the amount of costs and by what parties and in what proportions such costs shall be paid. (2) The decree shall be dated on the day on which it is passed, and signed by the members of the nyaya panchayat concurring therewith. A copy of the decree shall then be delivered to each party in the prescribed manner. @292. Decree may award interest or order payment by instalments. – (1) In suits for money the nyaya panchayat may decree interest on the sum decreed not exceeding six per cent per annum from the date of suit till the date of payment. (2) When a nyaya panchayat decrees the payment of a sum of money, it may direct that it be paid by instalments, without interest or with interest not exceeding the above rate. @293. Satisfaction of decree to be recorded. – If on the application of the decree-holder or the judgment-debtor, the nyaya panchayat which passed the decree finds after inquiry that the decree has been satisfied wholly or in part, the nyaya panchayat shall record the fact in the prescribed register of suits. @294. Execution of decree. – A decree or an order passed by a nyaya panchayat shall be executed in such manner as may be prescribed: Provided that no immovable property shall be distrained or sold in the execution of any such decree or order. @295. Appeal. - (1) An appeal shall lie to the Subordinate Judge having jurisdiction from any decree, or such order as may be prescribed, of a nyaya panchayat within sixty days from the date of such decree or order. (2) Pending disposal of such appeal, the Subordinate Judge may stay execution of such decree or order or the trail of the suit, as the case may be. (3) The decision of the Subordinate Judge on any such appeal shall be final. @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 623 Criminal jurisdiction @296. Nyaya panchayat to take cognizance of and try certain offences.(1)–The Government may, by order notified in the Official Gazette, empower a nyaya panchayat with effect from such date as may be specified therein, to take cognizance of, and try, any of the following offences, when committed within the local limits of its jurisdiction, namely: -- (a) offences punishable under sections 160, 277, 283, 290, 323, 334, 352, 358, 504 and 510 of the Indian Penal Code (Central Act 45 of 1860); (b) offences punishable under section 379 of the Indian Penal Code in respect of property not exceeding ten rupees in value (Central Act 45 of 1860); (c) offences punishable under section 426 of the Indian Penal Code (Central Act 45 of 1860) when the loss or damage caused thereby does not exceed ten rupees; (d) complaints of illegal seizure or detention of cattle and other offences punishable under Chapter VII: Provided that the compensation that may be awarded by a nyaya panchayat shall not exceed twenty-five rupees; (e) offences punishable under this Act; (f) any other offence under the Indian Penal Code or any special or local law which is punishable with fine only or with imprisonment for a term not exceeding six months only or with both which the Government may, by notification, specify in this behalf: Provided that in respect of offences mentioned in clauses (b) and (c), the Government may extend the jurisdiction of a nyaya panchayat to cases where the value of the property stolen or the lose or damage caused does not exceed twenty rupees. Explanation. – (1) The offences mentioned in this section include abetments of such offences. (2) (a) If a nyaya panchayat finds an accused person guilty of any of the above offences specified in sub-section (1), it may impose on him --- (i) a fine not exceeding ten rupees in respect of an offence under section 510 of the Indian Penal Code (Central Act 45 of 1860), and @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. 624 (ii) a fine not exceeding fifteen rupees in respect of any of the other offences: Provided that in case of conviction for an offence under clauses (b) and (c) of sub-section (1), the fine may extend to twice the value of the property stolen or the amount of the loss or damage caused. (b) No sentence of imprisonment whether substantive or in default of fine shall be inflicted by a nyaya panchayat. (3) The nyaya panchayat may allow a reasonable time for the payment of the fine, or may order that the fine shall be paid by instalments; but if the fine is not paid as directed, the nyaya panchayat shall recover it in the same manner as if it were a decree passed by the nyaya panchayat. If in any case it appears to the nyaya panchayat that the fine imposed cannot be recovered as aforesaid, it shall submit the case to the Magistrate of the first class having jurisdiction, who may award such term of imprisonment as is authorised by law in case of such default: Provided that the term so awarded shall in no case exceed one week. (4) Subject to such rules as the Government may make in this behalf, the procedure to be adopted by the nyaya panchayat in criminal trials shall be as follows: -- (a) Evidence given orally before a nyaya panchayat shall be on oath or solemn affirmation and a brief memorandum of the substance of what each witness deposes shall be written and kept as part of the record in the prescribed manner. (b) It shall not be necessary to frame a formal charge; but it shall enter in the prescribed register the following particulars, namely: -- (i) the serial number; (ii) the date of the commission of the offence; (iii) the date of the report or complaint; (iv) the names, parentage and residences of the complainant, The accused and the witnesses examined; (v) the offence complained of and offence, if any, proved, and in cases coming under clauses (b) and (c) of sub- section (1), the value of the property stolen or the amount of loss or damage caused; (vi) the plea of the accused and his statement, if any; (vii) the finding and in the case of conviction a brief statement of the reasons therefor; (viii) the amount of fine imposed; (ix) the date on which the proceedings terminated. (5) Save as otherwise provided by rules made in this behalf, no legal practitioner, whether qualified or unqualified, be allowed to appear either for the complainant or for the accused. (6) If at any stage of the proceedings, it appears to the nyaya panchayat that the case is one which ought to be tried by a Magistrate or if at the close of a trial, the nyaya panchayat is of the opinion that the accused is guilty and that he ought to receive a punishment different in kind from, or more severe than that which it is 625 empowered to inflict, it shall submit the case to the District Magistrate having jurisdiction who may transfer the case to the court of a Magistrate subordinate to him. (7) (a) The Sessions Judge or the District Magistrate having jurisdiction, may whenever he considers it necessary in the interests of justice, transfer any case pending before a nyaya panchayat to the court of any Magistrate subordinate to him or to any other nyaya panchayat within his jurisdiction. (b) Where however a nyaya panchayat is dissolved and no new nyaya panchayat is constituted in lieu thereof, the Sessions Judge or the District Magistrate having jurisdiction, shall transfer all criminal cases and proceedings before such nyaya panchayat to the court of any Magistrate subordinate to him or to any other nyaya panchayat within his jurisdiction. (8) No appeal shall lie against any sentence or order passed by a nyaya panchayat under this section, but the Sessions Judge or the District Magistrate having jurisdiction, may set aside any conviction on the ground of illegality, impropriety, corruption, gross partiality or misconduct on the part of the nyaya panchayat, or on the ground that there has been a gross miscarriage of justice. (9) Notwithstanding anything in the Code of Criminal Procedure, 1898* (Central Act 5 of 1898), if a complaint of an offence cognizable by a nyaya panchayat is made to a Magistrate, he shall, instead of taking cognizance of such offence, direct the complainant to present the complaint to the nyaya panchayat within whose jurisdiction the offence was committed. @297. Certain persons accused of theft not to be tried by the nyaya panchayat. – No nyaya panchayat shall take cognizance of any offence of theft in which the accused – (a) has been previously convicted with imprisonment of either description for a term of three years or more; or (b) has been previously fined by any nyaya panchayat; or (c) has been bound over to be of good behavior in proceedings instituted under section 109** or section 110** of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898). @298. Compounding of offences. – The offences cognizable by a nyaya panchayat and punishable under sections of the Indian Penal Code (Central Act 45 of 1860) specified in the first two columns 1 and 2 in Schedule XI may be compounded by the persons mentioned in the column 3 of the said Schedule. @299. Compensation to complainant, etc., - In imposing any fine, the nyaya panchayat may direct that the whole or any portion of the fine recovered shall be applied, -- @ The section came into force on the 1st day of August, 1976 vide EG No. 342, dt. 29.07.1976. * Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) ** Now, Sections 109 and 110 of Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 626 (a) towards defraying the expenses properly incurred in the case by the complainant; or (b) in giving compensation to a person for any material loss or damage caused to him by reason of the commission of the offence. @300. Compensation to accused for false or frivolous case. – If a nyaya panchayat is satisfied, after inquiry that a case brought before it is false, frivolous or vexatious, it may order the complainant to pay to the accused such compensation, not exceeding fifty rupees, as it thinks fit: Provided that no such order shall be passed, unless the complainant is given a reasonable opportunity to show cause against it. @301. Conviction by a nyaya panchayat not a previous conviction. – A conviction by a nyaya panchayat under this Act shall not be deemed to be a previous conviction for the purposes of section 75 of the Indian Penal Code, 1860 (Central Act 45 of 1860). @302. Inquiry by a nyaya panchayat under section 202*, Code of Criminal Procedure,