Bare ActsThe punjab panchayati raj act, 1994

Section 34

Power to require removal of encroachments and nuisance

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

Power to require removal of encroachments and nuisance.-- (1) A Gram Panchayat either suo moto or on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a conditional order requiring within a time to be fixed in the order,— (a) the owner or the occupier of any building or land - (i) to remove any encroachment on a public street, place or drain; (ii) to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain cesspool or other receptacle for filth, sullage-water, rubbish or refuse or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to any street drain, or to shut off such latrine, urinal or water-closet . by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood; (iii) to cleanse, repair, cover, fill up, drain off deepen or to remove water from a private wall tank, reservoir, pool, pit, ditch, depression or excavation therein which may appear to the Gram Panchayat to be injurious or offensive to the neighbourhood: (iv) to remove any dirt, dung, night-soil, manure or any noxious, or offensive matter therefrom and to cleanse the land or building; 56 THE PUNJAB PANCHAYATI RAJ ACT, 1994 _ Se (b) the owner of any wall or building, which is deemed by the Gram Panchayat to be in any way dangerous, to remove or repair such wall or building; (c) the owner or occupier of any building, or property to keep his building or property in a sanitary state. (d) the owner of any dog or other animal suffering or reasonably suspected to be suffering from rabies or which is dangerous to destroy or confine or cause to be confined such dog or animal, {e) the owner or occupier of any agricultural land to destroy pohil or any other such harmful weed from such land, (f) the owner or occupier concerned to reclaim an unhealthy place, {g) the owner or occupier of any building or land to maintain in proper repair the level and surface of any road or street passing in front of the building or through his land, (h) the owner or person-in-charge of a private “Khal” to keep it iné state of reasonable repair. i or if he objects so to do, to appear before it, at a time and place to be fixed by the order, and to move to have the order set aside or modified ir the manner hereinafter provided. i: (2) If the owner of occupier of any building or land does not perforn such act or appear and show cause, the order shall be made absolute an iy if he appears and show cause against the order the Gram Panchayat sha A take evidence and if it Is satisfied that the order is not reasonable an i proper no further proceedings shall be taken in the case and if it is nots Alt satisfied the order shall be made absolute i] (3) If such an act is not perforned within the time fixed, the Grar 13) Panchayat may cause it to be performed and may recover the costs | performing it from such person. l 35, Power of Gram Panchayat to make general order.-- A Gra " Panchayat may by general order to be published in the manner prescribec i (a) prohibit the use of water of a well, pond or other excavalic suspected to be dangerous to the public health; ft (b) regulate or prohibit the watering of cattle or bathing or washing or near wells, ponds, or other excavations, reserved for drinki ' water, (c) regulate or prohibit the steeping of hemp or any other plant in near ponds or other excavations within two hundred and twer yards of the residential area of a village: 4 (d) regulate or prohibit the dyeing or tanning of skins within fc hundred and forty yards of the residential area of a village, (e) regulate or prohibit the excavation of earth; THE PUNJAB PANCHAYATI RAJ ACT, 1994 57 (f) regulate or prohibit the establishment of brick-kilns and charcoal kilns within eight hundred and eighty yards and pottery kilns within | two hundred and twenty yards of the residential area of the village; (g) direct that the carcasses of all dying within the village except animals slaughtered for consumption shall not be disposed of within a radius of four hundred and forty yards of the residential \ area of the village; Provided that nothing shall be done under this clause to interfere with the legal rights of any person; (h) regulate the construction of new buildings or the extensions or alterations of any existing buildings or the abadi; (i) regulate with the previous permission of the State Government the parking of public vehicles; (i) regulate such matters as may be necessary for the general protection of standing crops and trees on common land and the planting of such trades; (k) regulate the observance of sanitation and taking curative and preventive measures to remove and prevent the spread of epidemics; (l) regulate the maintenance of water courses meant for irrigation purposes; (m) regulate the killing of stray dogs; (n)} regulate the slaughter of animals; and (0) prohibit beggary; (p) direct the taking of measure for the prevention of waterlogging; (q) regulate the flaying and disposal of dead animals; (rf) prohibit the sale of harmful eatables within the Gram Sabha area; and (s) regulate offensive and dangerous trades or practices. Comments Sewerage treatment Plant -- Gram Panchayat passed a resolution for installation \ of Sewerage Treatment Plant in the cremation ground -- 70% of the pipe lines have been laid — At this stage shifling of Water Sewerage Treatment Plant cannot be ordered on the ground thal some people are aggrieved. Bibi Harbhajan Kaur etc. v. Stale of . Punjab and others, 2008(1) L.A.R. 564 (P&H DB).

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