Amendment status not verified — confirm the current text below against the official source.
Power to enquire and make report about misconduct of petty officials.-- (1) On a complaint being made to the Gram Panchayat by any person that a peon, bailiff, constable, chaukidar, patrol of the Department of Irrigation, Forest guard, Patwari, or vaccinator, canal overseer, head constable, game watcher or any other class of public servants to which the State Government may, by notification, extend the provisions +f this section has misconducted himself in his official capacity, the Gram Panchayat may enquire into the matter and submit a report along with the prima facie evidence to the superior officer whom it may concern, or to the Deputy Commissioner. (2) The authority referred to in sub-section (1) shall, after such further enquiry as may be required, take suitable action and inform the Gram Panchayat of the result: Provided that nothing in this section shall be construed as empowering the Gram Panchayat to summon any such officials or to exercise control disciplinary or otherwise, over them. 39, Supervision of Patwaris.-- On the report being made by any person that a Patwari or Chaukidar has failed to perform any duty imposed upon him by any law, the Gram Panchayat may by notice fixing a reasonable period require him to perform the said duty and on his failure to do so shall report the matter to the superior officer whom it may concern, or to the Deputy Commissioner and the result of the action taken thereon shall be communicated to the Gram Panchayat. 40, Power to introduce prohibition.-- (1) A Gram Panchayat, may by a resolution supported by at least two-thirds of panches holding office for the time being passed at any time on or after the first day of April, and on or before 30th day of September in any year, direct that intoxicating liquor be not sold at any licensed shop within the Gram Sabha area, notwithstanding any resolution passed by an empowered local body under section 5 of the Punjab Local Option Act, 1923, or any other law for the time being in force, such resolution shall be effective from the first day of April, of the year following the date when it is so passed and shall immediately ‘be communicated to the Excise and Taxation Commissioner, Punjab. (2) Notwithstanding anything contained in the Punjab Excise Act, 4914, and the rules made thereunder, or any other law for the time being in THE PUNJAB PANCHAYATI RAJ ACT, 1994 59 force, with regard to the powers and functions of the Collector under the said Act, such a resolution will be binding upon the Excise and Taxation Commissioner, Punjab: Provided that if the Excise and Taxation Commissioner, Punjab is of opinion for reasons to be recorded in writing that within such local area illicit distillation or smuggling of alcohol has been carried on or connived at, within two years preceding the date of the passing of such resolution, in ' such Jocal area, such resolution shall not be binding upon him, unless the : State Government orders that it shall be so binding. Comments Prohibition — There was no material before the Commissioner on the basis of which it could have been concluded that “illicit distillation or smuggling of alcohol has been carried on or connived at within two years, preceding the date of the passing of the resolution” in village Tarkheri Kalan - Held that prohibition is one of the declared principles of State Policy. Article 47 of the Constitution categorically requires the State to promote prohibition. If a Gram Panchayat, which is an instrumentality of Local Government at the grass-root level, has passed a resolution to introduce prohibition in the village, the State should help it rather then stretch facts lo find an excuse to interfere — The order passed by the Excise and Taxation Commissioner does not fall within the provisions of Section 40 of the Act — Gram Panchayat Village Terkheri Kalan Vis Excise and Taxation Commissioner, Punjab and others 1999 (3) PLR 36 (P&H High Court DB).