Section 2

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

The District Establishment Committee shall - (a) make selection on the posts in different grades and categories 3[except the post specified in clauses (i), (iii), (iv) and (v) of sub-section 2 of Section 89] existing in the service in the Panchayat Samiti and the Zila Parishad in the district in accordance with the rules made by the State Government in this behalf; (b) regulate the mode of temporary appointment and recommend the names of persons for extending such appointments beyond six months; (c) prepare lists of persons for promotion in the prescribed manner; and (d) advise the Panchayat Samitis of the district and the Zila Parishad all disciplinary matters affecting the officers and other employees thereof other than referred to in Secs. 79 and 82, which may arise under Sec. 91. 91.Disciplinary proceedings against and punishments inflicted on staff of Pancyayat Samitis and Zila Parishads.- (1) The conduct of disciplinary proceedings that may be started against, and the punishments that may be inflicted in such proceedings on, the officers and servants of Panchayat Samitis and Zila Parishads, other than officers referred to in Secs. 79 and 82 shall be governed and regulated by rules made by the State Government in this behalf. (2) Subject to such rules- (a) all or any of the prescribed punishments may be inflicted on all persons holding posts in Class-IV Services - (i) by the Vikas Adhikari or a Panchayat Samiti, if such persons are servants of that Panchayat Samiti; 1 (xxx) (ii) by the Chief Executive Officer of a Zila Parishad, if they are servants of that Zila Parishad; (xxx)1 (iii) where such services are in connection with the elementary education and such services are under the control of Panchayat Samiti, by the Block Elementary Education Officer of the Panchayat Samiti, and (iv) where such services are in connection with elementary education and such services are under the control of the Zila Parishad, by the District Elementary Education Officer.] (b) the punishment of censure or withholding of increment or promotion may with the approval of the Chairperson of the concerned Panchayati Raj Institutions be inflicted on all persons holding appointments to posts encadred in the services constituted under Sec. 89 - (i) by the Vikas Adhikari of a Panchayat Samiti, if such persons hold their appointment under the Panchayat Samiti; and (ii) by the Chief Executive Officer of the Zila Parishad if they hold their appointment under that Zila Parishad. (3) All other prescribed punishments may be inflicted on the persons holding appointments on the posts encadred in the service in a Panchayat Samiti or a Zila Parishad by the District Establishment Committee. (4) An appeal may be preferred- (a) against an order made by the 1[Vikas Adhikari/Block Elementary Education Officer of the Panchayat Samiti or the Chief Executive Officer/District Elementary Education Officer of the Zila Parishad] to the District Establishment Committee constituted under Sec. 90; and (b) against an order made by the District Establishment Committee under Sub-sec. (3) to the State Government. (5)An appeal may be preferred under Sub-sec. (4) within a period of 90 days from the date of the order appealed from and the time taken for obtaining a copy of such order shall be excluded from the said period. 1["91-A.Disciplinary Powers of District Programme Coordinator and Programme Officer. - (1) Notwithistanding anything contained in this Act or any other law for the time being in force. - (a) In the case of all the officers and servants, other than the Chief Executive Officer, of a Panchayati Raj Institution, whether appointed by such Panchayati Raj Institution or the State Government, the District Programme Coordinator; and (b) IN the case of all the officers and servants, other than the officers referred to in section 79, of a Panchayati Raj Institution at block and village level, the Programme Office. Shall have power to conduct disciplinary proceedings against, and to inflict punishment on, such officers and servants in respect of the misconduct committed by such officers or servant is connection with the duties and functions assigned to them under the Mahatn; Gandhi National Rural Employement Guarntee Scheme or under any other scheme of the Central Government or the State Governement. Provide that no person shall be dismissed or removed from service in exercise of the powers under this sub-section unless the authority exercising power this sub- section is appointing authority of such person. (2)Subject to the provisions of sub-section (1), rules 13, 14, 16, 17 and 18 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 as amended from time to time, shall apply to the disciplinary proceedings and punishment under this section with such modifications as may be necessary including the modification that references, to appointing authority or disciplinary authority therein shall be construed as including reference to the District Programme Coordinator and the Programme Officer. (3)An appeal may be preferred - (a) against an order made by the Programme Officer to the District Programme Coordinator and (b) against an order made by the District Programme Coordinator to the State Government. (4)An appeal may be preferred under sub-section (3) within a period of ninety days from the date of the order appealed against and the time taken for obtaining a copy of such order shall be excluded from the said period. (5)Every order made by the District Programmed Coordinator or the Programme Officer shall be endorsed and communicated immediately to the appointing authority and to the officer to whom the officer or servant, against whom order is made, is subordinate and such superior officer shall be bound to execute such order. (6)For the removal of doubts it is hereby clarified that nothing in this section shall be construed as diminishing the powers of any other disciplinary authority under this Act or any other law for the time being in force, however, if any action has been initiated or taken against any officer or servant under this section, no action shall be initiated or taken by any other authority on the basis of same facts or conduct. Explanation - For the purposes of this section - (i) "District Programme Coordinator" means the District Programme Coordinator as defined in the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005) and includes an officer designated as such in or under any scheme of the Central Government or the State Government; (ii) "Programme Officer" means the Programme Officer as defined in the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005) and includes an officer designated as such in or under any scheme of the Central Government or the State Government; and (iii) " Mahatma Gandhi National Rural Employment Guarantee Scheme" means the Scheme notified by the State Government under Sub-section (1) of section 4 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005)." CHAPTER-IV POWER OF THE STATE GOVERNMENT ETC. 92.Power of cancelling or suspending resolution of a Panchayati Raj Institution.—(1) The State Government shall be the Chief Superintending and Controlling Authority in respect of all matters relating to the administration of Panchayati Raj Institutions and may, by an order in writing, cancell any resolution or order passed by a Panchayati Raj Institution or any standing committee thereof if in its opinion such resolution is not legally passed or is in excess or abuse of the powers conferred by or under this Act or under any law for the time being in force, or if its execution is likely to cause danger to human life, health or safety of person or property or is likely to cause a breach of the peace. (2)The State Government shall, before taking action under sub-sec. (1), give to the Panchayati Raj Institution concerned a reasonable opportunity for explanation. (3)If, in the opinion of the Collector immediate action is necessary to suspend a resolution of any Panchayati Raj Institution on the ground that its execution is likely to cause danger to human life, health or safety of person or property or is likely to lead to a breach of the peace, he may, while making a report to the State Government for a final decision with respect to the resolution, by order in writing suspent the resolution if it is that of a Panchayat or a Panchayat Samiti, 93.Power to provide for performance of duties in default of Panchayati Raj Institution.- (1) On a complaint made, or otherwise if the State Government is satisfied that a Panchayati Raj Institution has been guilty of making default in performing any duty imposed upon it by or under this Act, it may after due enquiry, by order in writing fix period for the performance of that duty and such order shall in writing fix period for the performance of that duty and such order shall forthwith be communicated to the Panchayati Raj Institution concerned. (2)If that duty is not performed within the period so fixed, the State Government may appoint some person to perform it and direct that the expenses incurred in the performance of such duty together with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the Panchayati Raj Institution concerned. (3)If the expenses and remuneration are not so paid, the State Government may make an order directing the person having the custody of the balance of the fund of the Panchayati Raj Institution concerned to pay the expenses and the remuneration or such part thereof as is possible from that balance. 94.Power of Government to dissolve a Panchayati Raj Institution.- If at any time Government is satisfied that a Panchayati Raj Institution is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or have exceeded or abused its powers, the Government may by an order published, along with the reasons thereof, in the Official Gazette, declare the Panchayati Raj Institution to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and may dissolve such Panchayati Raj Institution on and from a date to be specified in the order of dissolution : Provided that no action shall be taken under this sub-section unless the Panchayati Raj Institution has been afforded a reasonable opportunity of submitting an explanation and of being heard if the Panchayati Raj Institution so desires. Explanation – If for any reason the number of vacancies in a Panchayati Raj Institution exceeds two-third of the total number of seats, the Panchayati Raj Institution shall be deemed to be not competent to perform the duties imposed on it by or under this Act. Where there are persistant defaults by a Panchayat in the performance of its duties imposed under the Act or by any other law for the time being inforce, or in case of abuse of its powers or exercise of powers in excess of what is conferred or failure to carry out the orders of the state Govt. or the prescribed Authority, the State Govt or the prescribed authority may dissolve the Panchayat.1 95.Consequences of dissolution.- (1) When a Panchayati Raj Institution is dissolved under this Act, following consequences shall ensue:- (a) all the members of the Panchayati Raj Institution including the Chairperson shall, on the date of dissolution vacate their respective offices but without prejudice to their eligibility for re-election or re- appointment. (b) all powers and duties of the Panchayati Raj Institution shall, during the period of dissolution, be exercised and performed by such administrator as the State Government may appoint in this behalf; and (c) all property vested in the Panchayati Raj Institution shall, during the period of dissolution, vest in the Government. (2)If it shall not be possible to reconstitute the Panchayati Raj Institution within the time specified in Clause (b) of Sub-sec. (3) of Sec. 17 because of any stay by any competent court or authority on any general election to the Panchayati Raj Institution concerned and the proceedings consequent thereof the consequences specified in Clause (b) and (c) of Sub-sec. (1) shall follow. (3)An order of dissolution made under Sec. 94 together with a statement of the reasons thereof shall be laid before the House of the State Legislature, as soon as may be, after it has been made. 1[95-A. Transitional provision as to Administrators.- Notwithstanding anything contained in this Act, an Administrator exercising the powers and performing the duties of a Panchayati Raj Institution on the date of coming into force of the Constitution (Seventy Third Amendment) Act, 1993, shall continue to do so till 31st March, 1995 or till the concerned Panchayati Raj Institution is constitution after the first election held under the provisions of the Act, whichever is earlier.] 96.Power to invest surplus funds.- It shall be lawful for a Panchayati Raj Institution with the sanction of the State Government, to invest any surplus funds in its hands, which may not be required for current charges, in public securities in the name of the Panchayat, Panchayat Samiti or the Zila Parishad, as the case may be. 97.Power of revision and review by Government.- (1) The State Government may, either of its own motion or on an application from any person interested, call for and examine the record of a Panchayati Raj Institution or of a Standing Committee or Sub- Committee thereof in respect of any proceedings to satisfy itself as to the correctness, legality or propriety of any decision or order passed therein or as to the regularity of such proceedings and, if in any case, it appears to the State Government that any such decision or order be modified, annulled, reversed or remitted for reconsideration, it may pass order accordingly: Provided that the State Government shall not pass any order prejudicial to any party unless such party has a reasonable opportunity of being heard in the matter. (2) The State Government may stay the execution of any such decision or order prejudical to any party, pending the exercise of its powers under sub-section (1) in respect thereof. (3) The State Government may, of its own motion or on an application received from any person interested, at any time within ninety days of the passing of an order under Sub- sec. (1), review any such order if it was passed by it under any mistake, whether of fact or of law or in ignorance of any material fact. The provisions contained in the proviso to Sub-sec. (1) and in sub-Sec. (2) shall apply to a proceeding under this sub-section. 4[97-A. Appeals.- (1) Any person aggrieved by an order or direction of a Panchayat Samiti, made or issued under this Act or under any rule made thereunder may appeal against the order or direction given to Zila Parishad having jurisdiction within thirty days from the date of such order or direction and the time taken in obtaining a copy thereof shall be excluded in computing the same period. (2)Any person aggrieved by any order or direction of a Zila Parishad made or issued this Act or under any rule made thereunder may appeal against the order or direction given to the Divisional Commissioner having jurisdiction within thirty days from the date of such order or direction and the time taken in obtaining a copy thereof shall be excluded in computing the said period.] 98.Delegation of Powers.- The State Government may, by notification in the Official Gazette, delegate- (a) all or any of its power under this Act to any officer or authority subordinate to it, and (b) all or any of the powers of the officer-in-charge of Panchayats under this Act to any other officer or authority. 99.Appointment of officers and staff by Government.- For the discharge of such functions in regard to the administration of Panchayats as are provided for in this Act or as may be prescribed thereunder, the State Government may appoint anOfficer-in-charge of Panchayats with such designation as it may from time to time notify and such other subordinate officers and staff as the State Government may deem necessary. 100.Inspection and enquiry by State Government.- The State Government or any other Officer generally or specially authorised by the State Government in this behalf may - (a) inspect or cause to be inspected any immovable property owned and used or occupied by a Panchayati Raj Institution or any work in progress under the direction of such Panchayati Raj Institution; (b) by an order in writing call for and inspect a book or document in the possession or under control of a Panchayati Raj Institution. (c) likewise require a Panchayati Raj Institution to furnish such statements, reports or copies of documents relating to the proceedings or the duties of such Panchayati Raj Institution as it thinks fit; (d) record in writing for the consideration of a Panchayati Raj Institution, any observation which it thinks proper in regard to the proceedings or the duties of such Panchayati Raj Institution; and (e) institute an enquiry against any member chairperson or deputy chairperson of a Panchayati Raj Institution in respect of any matter relating to such Panchayati Raj Institution. 101.Alteration in the limits of a Panchayati Raj Institution.- (1) The State Government may, at any time, after one month's notice published in the prescribed manner either on its own motion or at the request made in this behalf, and by notification in the Official Gazette- (a) declare the whole or a part of any local area included within the limits of a Municipality to be a Panchayat Circle; or (b) include in a Panchayat Circle any such local area or a part thereof, or as the case may be, any local area included within the limits of another Panchayat Circle; or (c) otherwise alter the limits of a Panchayat Circle by amalgamating one Panchayat Circle into another or by splitting up a Panchayat Circle into two or more Panchayat Circles; or (d) exclude the whole or a part of any local area from a Panchayat Circle, whether on its ceasing to be a rural area or, as the case may be, for its being included within the limits of another Panchayat Circle. (2)Upon any action being taken under Sub-sec. (1), the State Government shall, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, make provision for the following, namely:- (a) that in a case falling under Clause (a) of that Sub-section, a Panchayat shall be established for the local area declared to be a Panchayat Circle; or (b) that, in a case falling under Clause (b) of that Sub-section, the election of the members for additional local are shall be held; or (c) that, in a case falling under Clause (c) of that Sub-sec. the existing Panchayats shall stand dissolved and new Panchayats shall be constituted – in accordance with the provisions of this Act within a period of six months from the appointed day; or (d) that, in a case falling under Clause (d), the Panchayat shall stand dissolved or, as the case may be, the members who, in the opinion of the State Government, represent the local area excluded from the Panchayat Circle shall stand removed. Provide that for so long as a Panchayat or a new Panchayat is not established under Clause (a), or the case may be, under Clause (c), all powers and duties of the Panchayat shall be exercised and performed by such administrator as the State Government may appoint in this behalf : Provided further that no act of a Panchayat shall be deemed invalid by reason of any vacancy of the members referred to in Clause (b). (3)Upon the exclusion of any local area of a Municipality and its declaration as or, as the case may be, inclusion in, a Panchayat Circle under Sub-sec. (1) - (a) such area shall cease to be a Municipality; (b) the members of the Board representing the area of the Municipality so declared or included in a Panchayat Circle shall vacate their respective offices but without prejudice to their eligibility for election to the Panchayat to be constituted for such area or, as the case may be, the Panchayat, in the area whereof, such area is included; (c) the whole of the assets testing in, and of the liabilities subsisting against, the Municipality so declared to be a Panchayat or, in case where only a part of a Municipality is included in, or declared to be a Panchayat, such portion of the said assets and liabilities as the State Government may direct, shall develop upon the Panchayat declared for such area or upon the Panchayat in which such area of the Municipality is included; (d) until new rules, notifications, orders and bye-laws are made or issued under this Act and unless the State Government otherwise directs, all rules, notifications orders and bye- laws applicable :- (i) to the Panchayat in which such area is included; and (ii) where the whole or a part of a Municipality is declared to be a Panchayat to the area of the Panchayat Samiti which shall, by reason of the concerned area falling in the block of such Panchayat Samiti, have jurisdiction on the area so declared to be a Panchayat. shall continue to apply to the area so included or declared; (e) the Panchayat so established by inclusion of any area of Municipality thereon or by the declaration of a Municipality as a Panchayat shall levy or continue to levy such of the taxes as are lawfully imposed under this Act; (f) any such area shall cease to be subject to all rules, notifications, orders and bye-laws made under the Rajasthan Municipalities Act, 1959 (Rajasthan Act 38 of 1959); and (g) the Panchayat in which such area is included or the Panchayat which is declared for such area and the Panchayat Samiti and Zila Parishad respectively of the Block and District, in which the area so included or declared falls, shall exercise jurisdiction over such area and the Municipality in which such area was included or, as the case may be, the Municipality which was established for such area shall cease of function therein. (4)When any local area ceases to be a Panchayat and is included within the local limits of the jurisdiction of some other local authority, the Panchayat Fund and other property and rights vesting in the Panchayat shall vest in such other local authority and the liabilities of the Panchayat shall be the liabilities of such other local authority. (5)When any local area is excluded from a Panchayat Circle and included in another Panchayat Circle, such portion of the Panchayat Fund and other property vested in the Panchayat of the first mentioned Circle shall vest in, and such portion of the liabilities thereof shall be the liabilities of the other Panchayat as the State Government may, after consulting both the Panchayats, declare by notification in the Official Gazette[:] Provided that the provisions of this Sub-section shall not apply in any case where the circumstances, in the opinion of the State Government, render undesirable that transfer of any opinion of the Panchayat Fund or properties or liabilities. 1(5A) When it is considered necessary so to do, whether as a consequence of an action taken under Sub-sec. (1) or otherwise, the State Government may alter the limits of a Panchayat Samiti or a Zila Parishad area and to every such case of alteration the provisions contained in the foregoing Sub-section shall mutatis mutandis apply.] (6)The State Government may, for the purpose of the foregoing sub-section, make such orders and give such directions as it may consider necessary. (7)Save as otherwise provided in this section its provisions shall have effect, notwithstanding anything contained in this Act or the Rajasthan Municipaities Act, 1959 (Rajasthan Act 38 of 1959) or any other law for the time being in force. Explanation – In this section "appointed day" means the day from which a change referred to in Sub-sec. (1) takes place. 102.Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules, consistent with this Act, to carry out the purpose thereof. (2)In particular and without prejudice to the generality of the foregoing power, such rules may be made - (a) for the whole or any part of the State of Rajasthan and for all or any Panchayati Raj Institution; (b) to provide for any matter for which power to make provision in conferred expressly or by implication on the State Government by or under this Act; and (c) for the guidance of the Panchayati Raj Institution and of servants and authorities of the matter connected with the carrying out of the provisions of this Act; and (d) to provide for the levy of fees for the inspection or search of any document issued under this Act or of any record maintained under or for the purposes of this Act and for giving copies of or extracts from such documents or record and the scale of such fees. (3)All rules made under this section shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days, which may be comprised in one session or in two successive sessions and, if before the expiry of the sessions in which they are so laid or of the sessions immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder. 103.Power of the Zila Parishad to frame bye-laws.- (1) The Zila Parishad may, and when required by the State Government, shall make bye-laws for any Panchayat, consistent with this Act and the rules made thereunder, for the purpose of promoting and maintaining the health, safety and convenience of persons residing within the jurisdiction of such Panchayat and for furtherance of the administration of Panchayats under this Act. (2)All bye-laws made under this section shall be published in the Official Gazette. 104.Power of the Panchayats to frame bye-laws.- (1) Subject to the provisions of this Act and the rules made thereunder, a Panchayat may frame bye- laws consistent with anybye-laws made under Sec. 103- (a) to prohibit the removal or use of water for drinking purposes from any source which is likely to cause danger to health and to prohibit the doing of anything likely to contaminate any source of drinking water; (b) to prohibit or regulate the discharge of waste from any drain or premises on a public street or into a river, pond, tank, well or any other place; (c) to prevent damage to public streets and Panchayat property; (d) to regulate sanitation, conservancy and drainage in its Panchayat Circle; (e) to prohibit or regulate the use of public streets or other places by shopkeepers or other individuals and to regulate the collections of market tools on public streets; (f) to regulate the manner in which tanks, ponds, cesspools, pasture lands play grounds, manure pits, land for disposal of dead bodies and bathing places shall be maintained and used; (g) to regulate the disposal of carecasses of dead animals; and (h) to regulate the places used for the sale of meat or fish and wine. (2) The draft of the bye-laws to be framed by a Panchayat under Sub-sec. (1) shall be published in the prescribed manner, and any objection received thereto shall be considered at a meeting of the Panchayat, whereafter the bye-laws shall be submitted together with the objections, if any, received and the decisions taken thereon, to the Zila Parishad, the bye-laws as sanctioned by the Zila Parishad shall come into force on their publication in the Official Gazette. 105.Power of Panchayat Samitis and Zila Parishads to make bye-laws.- (1) A Panchayat Samiti or Zila Parishad may from time to time make bye-laws, not inconsistent with the provisions of this Act or the rules made thereunder, for carrying out the purpose for which it is constituted. (2) No bye-laws made by a Panchayat Samiti or Zila Parishad shall take effect unless thay are sanctioned by the State Government. (3) The bye-laws as sanctioned by the State Government shall come into force on their publication in the Official Gazette. 106.Infringement of rules and bye-laws.- In making a rule or a bye-law under this Act, the authority making the rule or bye-law may also provide that a breach there of shall be punishable with fine which may extend to two hundred Rupees and when the breach is a continuing one, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. 107.Disputes.- (1) If any dispute arises between two Panchayati Raj Institution or between a Panchayati Raj Institution and any other local authority, it shall be referred to the State Government. (2) The decision of the State Government on such dispute shall be final and shall not be questioned through any suit of other proceeding before any Civil Court. "CHAPTER-IV-A REGULATION OF ABADI AREA OF A VILLAGE 107-A. Restriction on change of use of land and power of the State Government to allow change of use of land.- (1) No person shall use or permit the use of any land situated in any abadi area of a village, for the purpose other than that for which such land was originally allotted or sold to any person by the State Government, any Panchayat, any other local authority or any other body or authority in accordance with any law for the time being in force or, otherwise than as specified under a development plan, wherever it is in operation. (2)In the case of any land not allotted or sold as aforesaid and not covered under sub-section (1), no person shall use or permit the use of any such land situated in abadi area of a village for the purpose other than that for which such land was being used on or before the commencement of the Rajasthan Panchayati Raj (Third Amendment) Act, 2015 (Act No. 8 of 2015). (3)Notwithstanding anything contained in sub-section (1) or sub-section (2), the State Government or any officer or authority authorized by it, by notification in the Official Gazette, may allow the owner or holder of any such land to have change of use thereof, if it is satisfied so to do in public interest, on payment of conversion charges at such rates and after inviting and hearing objections from the neighbourhood in such manner as may be prescribed with respect to the following changes in use, namely: - (i) from residential to commercial or any other purpose; or (ii) from commercial to any other purpose; or (iii) from industrial to commercial or any other purpose; (iv) from cinema to commercial or any other purpose; ог (v) from hotel to commercial or any other purpose; or (vi) from tourism to commercial or any other purpose; or (vii) from institutional to commercial or any other purpose: Provided that rates of conversion charges may be different for different areas and for different purposes. (4)Where the State Government or any officer or authority authorized by it under sub-section (3), is satisfied that a person who ought to have applied for permission or regularization under this section, has not applied and that such permission can be granted or the use of land can be regularized, it may proceed to determine the conversion charges after due notice and hearing the party or parties and the charges as may be prescribed, shall become due to the Panchayat and be recoverable under sub-section (6). (5)The conversion charges so realized shall be credited to the fund of the Panchayat. (6)The charges under this section shall be the first charge on the interest of the person liable to pay such charges with respect to the land, the use of which has been changed, and shall be recoverable as arrears of land revenue. 107-B. Obligation to seek permission for sub-division or reconstitution of plots. (1), No person shall sub-divide or reconstitute a plot of land situated in abadi area of a village without obtaining prior permission of the State Government or any officer or authority authorized by it, by notification in the Official Gazette. (2)The permission under sub-section (1) shall be granted in such manner, on payment of such charges, and subject to such terms and conditions, as may be prescribed. (3)The charges realized under this section shall be credited to the fund of the Panchayat. 4)The charges under this section shall be the first charge on the interest of the person liable to pay such charges with respect to the land, sub-division or reconstitution of which has been permitted, and shall be recoverable as arrears of land revenue. 107-C. Grant of Patta of certain lands.- (1) Any person who is in lawful possession of any land within the abadi area of a village otherwise than under a Patta, lease or licence issued by the State Government or the Panchayat or any other local authority may obtain Patta in respect of such land from the Panchayat in the prescribed manner. (2)Where an application is filed under sub-section (1), the Panchayat shall invite objections from public in general in the prescribed manner and hear all the persons who file objections against such application and the applicant, in the prescribed manner. (3)If, after hearing the persons who have filed objections under sub-section (2) and the applicant, the Panchayat is satisfied that the applicant is entitled to obtain Patta under this section, it may grant Patta of such land to such person in the prescribed form and manner on payment by the applicant such fees or charges as may be prescribed. (4)The Patta granted under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before grant of such Patta. 107-D. Disposal of certain lands.- (1) Any Nazul land or land set apart for development of abadi under section 92 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) placed at the disposal of a Panchayat under section 102-A of the said Act shall be disposed of by the Panchayat subject to such conditions and restrictions as the State Government may from time to time lay down and in such manner as may from time to time be prescribed. (2)Notwithstanding anything contained in sub-section (1), If the State Government is satisfied that it is expedient in the public interest so to do, it may direct by notification in the Official Gazette that any land referred to in the said sub- section or any part thereof shall be disposed of by such officer of the State Government in such manner and subject to terms and conditions as may be specified in such notification. 107-E. Allotment, sale or other transfer to be for a specified use. - After the commencement of the Rajasthan Panchayati Raj (Third Amendment) Act, 2015 (Act No. 8 of 2015) every allotment, sale or other transfer of land in abadi area of a village shall be made for specified use and such use shall clearly and invariably be mentioned in the Patta or other document evidencing such allotment, sale or other transfer. 107-F. Panchayat to prepare and maintain record of abadi land.- Every Panchayat shall prepare and maintain record of abadi land situated within the Panchayat area in such manner and in such form as may be prescribed. 107-G. This Chapter to have overriding effect.- The provisions of this Chapter shall have effect notwithstanding anything contained elsewhere in this Act or in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) or any other Rajasthan law. 107-H. Saving.- Nothing in this Chapter shall in anyway affect, take away or abridge the right conferred on tenants by section 31 of the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) to possess in the abadi of a village a site for a residential house free of charge, Explanation.- For the purposes of this Chapter- (i) "development plan" means a spatial plan, by whatever name called; (ii) "abadi", "abadi area" or "abadi land" shall have the same meaning as has been assigned to them in clause (b) of section 103 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956); and (iii) "Nazul land" shall have the same meaning as has been assigned to it in clause (ib) of section 3 of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956).] CHAPTER V MISCELLANEOUS 108.Members and officers to be public servants.- The members, officers and servants of a Panchayati Raj Institution and a Standing Committee or Sub- Committee thereof shall be deemed to be public servants within the meaning of Sec. 21 of the Indian Panel Code, 1860 (Central Act 45 of 1860). 109.Suits etc., against Panchayat, Panchayat Samiti and Zila Parishad.- (1) No suit or other civil proceeding against a Panchayati Raj Institution or against any member, officer or servant thereof or against any person acting under the direction of a Panchayati Raj Institution or any member, officer or servant thereof for anything done or purporting to be done under this Act in its or his official capacity- (a) shall be instituted until the expiration of two months, after notice in writing, stating the cause of action, the name and place of adobe of the intending plaintiff and the nature of the relief which he claims, he has been delivered or left at its office or in the case of a member, officer, servant or person as aforesaid delivered to him or left at the office or at his usual place of abode, and he plaint shall in each such case contain a statement that such notice has been so delivered or left, or (b) shall be instituted, unless it is a suit for the recovery of immovable property or for a declaration of title thereto, otherwise than within six month after 1[transfer next] the accrual of the alleged cause of action. (2)The notice referred to in Sub-sec. (1), when it is intended for a Panchayat, Panchayat Samiti or a Zila Parishad, shall be addressed to the Sarpanch, Vikas Adhikari or the Chief Executive Officer respectively. 110.Power and duties of police in respect of offences and assistance to the Panchayats.- Every police officer shall give immediate information to the Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all Panchas, officers and servants of the Panchayat in the exercise of their lawful authority. 111.Liability of members as well as of Chairpersons and deputy Chairpersons of Panchayati Raj Institutions.- (1) Every member of a Panchayati Raj Institution including the Chairperson or deputy Chairperson thereof shall be liable to the Panchayati Raj Institution of which he is such member or, as the case may be, such Chairperson or deputy Chairperson for the loss, waste or mis- application of any money or other property belonging to such Panchayati Raj Institution, if such loss, waste or mis-application is a direct consequences of his neglect or misconduct while in office as such member or, as the case may be such Chairperson or deputy Chairperson. (2)Whenever, on a complaint made by a Panchayati Raj Institution or otherwise the competent authority is of opinion that any such member or, as the case may be, such Chairperson or deputy Chairperson has caused or done any loss, waste or mis-application of any money or other property belonging to the Panchayati Raj Institution the competent authority shall give notice to the concerned office- bearer of the allegations against him and require him to appear on the date and time to be specified in the notice and to file a written statement in reply to the allegations against him. (3)If on appearance the member or, as the case may be, the Chairperson or the deputy Chairperson admits his liability and its amount, the competent authority shall pass an order for the recovery of the amount of each liability from such member or, as the case may be, such Chairperson or deputy Chairperson. (4)If the member or, as the case may be, the Chairperson or the deputy Chairperson disputes his liability or its extent, the competent authority or the officer authorized by him after recording evidence in support of the allegations and after giving the concerned office-bearer, opportunity to cross-examine the witness and to adduce evidence in defence shall, by order, determine the extent and amount of liability of such office-bearer for such loss, waste or mis-application of money or property. (5)Any person aggrieved by an order made by the competent authority under Sub- sec.(4) may appeal therefrom to the State Government within thirty days of the date on which the order is communicated to him. The competent authority and the State Government may, after giving the parties interested an opportunity of being heard, confirm, modify or set aside the order or remit the case to the competent authority for such further enquiry as it thinks fit. (6)The Panchayati Raj Institution to which such member or, as the case may be, such Chairperson or deputy Chairperson is liable, shall be and shall be deemed to be a party in an enquiry under this section before the competent authority or in an appeal under Sub- sec. (5) before the State Government. (7)The competent authority or the State Government holding an enquiry or hearing an appeal under this section shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) relating to- (a) proof of facts by affidavits; (b) enforcing attendance of any person and his examination on oath; (c) production of documents; and (d) issuing of commission. (8)The amount of any liability ordered to be recovered under Sub-sec. (3) or determined under Sub-sec. (4) shall be recoverable by the Panchayati Raj Institution concerned from such member or, as the case may be, such Chairperson or deputy Chairperson as an arrear of land revenue. (9)No civil or other revenue Court shall have jurisdiction in respect of any matter which is required to be decided, determined, or dealt with by the competent authority or State Government under this section and no order made by the competent authority or State Government shall be called in question in any court. 112.Bar to legal representation.- No party to a civil proceeding before a Panchayati Raj Institution shall be entitled, as of right, to be represented by a legal practitioner. 113.Validity of Notice.- No notice issued under this Act shall be invalid on account of any defect or omission in its form. 114.Entry and Inspection by Panchayats. - The Sarpanch of a Panchayat and, if authorised in this behalf, any Panch, Officer or servant thereof, may enter into or upon any building or land with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Panchayat is authorised by this Act or by rules or bye-laws made thereunder, to make or execute or which it is necessary for a Panchayat for any or the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws thereunder to made or execute : Provided that - (a) except when it is in this Act or in rules or bye-laws thereunder otherwise expressly provided, no such entry shall be made between sunset and sunrise; (b) except when it is in this Act or in rules or bye-laws thereunder otherwise expressly provided, no building which is used as a human dwelling shall be so entered except with the consent of the occupier thereof and without giving the said occupier previous notice of the intention to make such entry; (c) sufficient notice shall in every instance be given even when any premises can otherwise be entered without notice to enable the inmates of any apartment appropriated for females to move to some such part of the premises where their privacy shall not be disturbed; and (d) due regard shall always be had to the social and religious usages of the occupants of the premises entered. 115.Determination of seats after each census.- Upon the publication of the figures of each census, the number of seats of a Panchayati Raj Institution shall be determined by the State Government on the basis of the population of the area of the Panchayati Raj Institution concerned as ascertained at that census : Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayati Raj Institution concerned until the expiry of the term of office elected members then in office.