104. Notification of election and Oath of allegiance by members of Panchayat Samitis. (1) Every election of a member of a Panchayat Samiti shall be notified by the State Government in the official Gazette and no member shall enter upon his duties until his election has been so notified and notwithstanding anything contained in the Indian Oaths Act, 1969 until he has taken or made an Oath or affirmation of his allegiance in the form specified in Schedule I.

            (2)  If any such person refuses to take or make such oath or affirmation, as the case may be, shall be deemed to be invalid and a fresh election shall take place.

            (3)  No person whose election has been deemed to be invalid under sub-section (2) shall be eligible for election to any Panchayat Samiti for a period of two years from the date on which he ought to have taken or made such oath or affirmation.

 

105.  Elections of Chairman and Vice-Chairman and term of office. The Deputy Commissioner concerned, or any officer appointed by him in this behalf, not below the rank of an Extra Assistant Commissioner, shall call the first meeting of the Panchayat Samiti in the manner prescribed, as soon as the election of all members of the Panchayat Samiti is notified, to elect the Chairman and Vice-Chairman from amongst the elected members.

 

106.  Reservation for the offices of Chairmen Vice-Chairmen of Panchayat Samitis.  There shall be reservation for the offices of Chairmen and Vice-Chairman, in the manner prescribed by the State Government-

(a)      such number of offices of Chairmen and Vice-Chairmen of Panchayat Samitis in the district for the persons belonging to the Scheduled Castes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the district as the population of the Scheduled Castes in the district bears to the total population of the district and such offices shall be allotted by rotation;

(b)      not less than one-third of the total number of offices of Chairmen and Vice-Chairmen of the Panchayat Samitis in the district, shall be reserved for women and such offices shall be allotted by rotation.

 

107. Rotation of reserved seats and offices after each Census. Upon the publication of the figures of Census the number of directly elected members, Chairman and Vice-Chairman of a Panchayat Samiti and rotation for reservation of seats and offices for different categories shall be determined on the basis of population of the Panchayat Samiti area at that Census:

            Provided that the determination of number of seats and offices shall not affect the existing composition of the Panchayat Samiti until the expiry of the term of office of the elected members then in office.

            Explanation. For the removal of doubts it is hereby declared that the principle of rotation for the purpose of reservation of offices under sections 102 and 106 shall commence from the first election to be held after commencement of this Act.

 

108. Allowances to Chairman, Vice-Chairman and other members of Panchayat Samitis. (1) The Chairman and Vice-Chairman of a Panchayat Samiti shall be entitled to such allowances as may be prescribed.

(2)  Every member of a Panchayat Samiti (other than the Chairman and Vice-Chairman) shall be entitled to receive such sitting fee and other allowances, as may be prescribed.

 

109. Powers, functions and duties of Chairman of Panchayat Samitis. The Chairman of a Panchayat Samiti shall –

(a)   convene and preside over and conduct meetings of a the Panchayat Samiti;

(b)   discharge all duties imposed and exercise all the powers conferred on him under this Act and the rules made thereunder and perform such functions as may be entrusted to him by the State Government form time to time;

(c)   exercise supervision and control over the Executive Officer of the Panchayat Samiti for securing implementation of resolutions or decisions of the Panchayat Samiti or of the Standing Committees which are not inconsistent with the provisions of this Act or any general or specific directions issued by the State Government under this Act;

(d)   exercise overall supervision over the financial and executive administration of the Panchayat Samiti and place before the Panchayat Samiti all questions connected therewith which appear to him to require its orders and for this purpose may call for records of the Panchayat Samiti area:

(e)   have powers to accord sanction upto a total sum of twenty-five thousand rupees in   year for the purpose of providing immediate relief to those who are affected by natural calamites in the Panchayat Samiti area:

Provided that the Chairman shall place at the next meeting of the Panchayat Samiti for its ratification, the details of such sanctions.

 

110. Extraordinary Powers of Chairman and executive Officer of Panchayat Samitis. (1) In case of emergency, the Chairman or, in the absence of the Chairman, the Vice-Chairman and in the absence of both, the Chairman and Vice-Chairman, the Executive Officer may direct the execution of any work or the doing of any act which a Panchayat Samiti is empowered to execute order and the immediate execution or doing of which is in his opinion, necessary for the service or safety of the public and may direct the expenses of executing such work or doing such act shall be paid from the Panchayat Samiti Fund:

Provided that every such direction shall be reported in the next following meeting of the Panchayat Samiti for confirmation.

(2)  The Chairman or Vice-Chairman or the Executive Office shall not act under sub-section (1) in contravention of any order of the Panchayat Samiti.

(3)  The Chairman, or, in the absence of the Chairman, Vice-Chairman or in the absence of both the Chairman and Vice-Chairman, the Executive Officer may prohibit until the matter has been considered by the Panchayat Samiti, the doing of any act which is, in his opinion, undesirable in the public interest:

Provided that the act is one which the Panchayat Samiti has power to prohibit.

(4) No direction given under this section shall be questioned in any court on the ground that the case was not of emergency.

 

111.  Powers, Function of Vice-Chairman of Panchayat Samitis.  The Vice-Chairman of a Panchayat Samiti shall-

(a)         in the absence of the Chairman, preside over the meetings of the Panchayat Samiti;

(b)         exercise such powers and perform such duties of the Chairman of the Panchayat Samiti as the Chairman from time to time, subject to the rules made by the State Government in that behalf, delegate to him by an order in writing; and

(c)         pending the election of the Chairman, or during the absence of the Chairman from the Panchayat Samiti area, or by reason of leave, for a period exceeding thirty days, exercise the powers and perform the duties of the Chairman.

 

112. Resignation or removal of Chairman and Vice-Chairman of Panchayat Samiti. (1) The Chairman or Vice-Chairman of the Panchayat Samiti may resign his office at any time by writing under his hand addressed to the State Government and his office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing, under his hand addressed to the State Government.

(2)  Every Chairman or Vice-Chairman of a Panchayat Samiti shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a two-thirds majority of the total number of elected members of the Panchayat Samiti at a meeting specially convened for the purpose.

(3)  The requisition for a special meeting under sub-section (2) shall  be signed not less than one-fifty of the total number of elected members of the Panchayat Samiti and shall be delivered to the Deputy Commissioner and the Deputy Commissioner shall within seven days form the date of receipt of the requisition himself convene a special meeting of the Panchayat Samiti or authorize an officer not below the rank of Extra Assistant Commissioner to convene a special meeting.

      (4) The special meeting under this section shall be held on a day not later than fifteen days form the date of issue of the notice of the meeting and shall be presided over by the Deputy Commissioner or an officer authorized by him under sub-section (3) and if the action is carried out against the Charmin or Vice-Chairman, he shall cease to hold office of the Chairman and Vice-Chairman as the case may be:

Provided that no such requisition under this section shall be made unless a period of two years has elapsed from the date on which Chairman or Vice-Chairman as the case may be, resume his office:

Provided further that if the motion of no-confidence against the Chairman and the Vice-Chairman is rejected, no fresh motion of non confidence against the Chairman or Vice-Chairman or both, as the case may be, shall be brought before the Panchayat Samiti within a period of two years from the date of rejection of such motion.

 

113. Suspension and removal of members of Panchayat Samitis. (1) The State Government may, during the course of an inquiry, suspend a Member of a Panchayat Samiti for any of the reasons for which he can be removed and debar him from taking part in any act or proceeding of the said body during the inquiry.

(2) The State Government may by notification remove any Member who, in the opinion of the State Government, has been guilty of misconduct in the discharge of his duties:

Provided that before the State Government notifies the removal of a Member, the reasons for his proposed removal shall be communicated to him, and he shall be given an opportunity of tendering an explanation in writing.

(3) A Person who has been removed under sub-section (2) may be disqualified for re-election for such period not exceeding five years as the State Government may fix.

 

114. Dissolution of Panchayat Samiti. (1) If, in the opinion of the State Government, a Panchayat Samiti abuses its powers or is not competent to perform or makes persistent default in the performance of its duties, under this Act or willfully disregards any instructions given or directions issued by Zila Parishad or any instructions issued by the State Government arising out of the audit of accounts of the Panchayat Samiti or inspection of the work, the State Government may, after giving the Panchayat Samiti an opportunity to render explanation, by an order published, alongwith the reasons thereof, in the Official Gazette, dissolve such Panchayat Samiti;

(2)  When a Panchayat Samiti is dissolved under sub-section (1)

(i) all members of the Panchayat Samiti shall vacate their offices forthwith;

(ii) all powers and duties of the Panchayat Samiti during its dissolution, shall be exercised and performed by such person or persons as the State Government may appoint in this behalf; and

(iii) all property in the possession of the Panchayat Samiti shall be held by the State Government;

(3) Upon dissolution of Panchayat Samiti under sub-section (1), the State Government shall reconstitute a Panchayat Samiti as specified under section 99 and election to reconstitute such Panchayat Samiti shall be completed before the expiration of a period of six months from the date of dissolution:

Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have continued it less than six months.  It shall not be necessary to hold any election under this sub-section for reconstituting the Panchayat Samiti for such period.

(4) The Panchayat Samiti reconstituted upon the dissolution of the existing Panchayat Samiti before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Panchayat Samiti would have continued under section 103 had it not been so dissolved.

 

115. Filling of casual vacancies of member, Chairman and Vice Chairman of Panchayat Samiti. (1) Whenever a vacancy occurs by death, resignation, removal or otherwise of a member or of a Chairman or Vice Chairman of the Panchayat Samiti, the vacancy shall be fared up be way of election:

Provided that if the vacancy relates to the Scheduled Castes, Backward Classes or to women, the vacancy shall be filled up out of the persons belonging to the category to which the vacancy relates.

(2) A person elected to fill a casual vacancy shall be elected for the remainder of his successors terms of office:

Provided that where the remainder of the period for which a member, Chairman or Vice Chairman is to be elected is less than six months it shall not be necessary to hold any election under this section to fill such a vacancy.

 

116. Meeting of Panchayat Samiti. (1) A Panchayat Samiti shall hold a ting (hereinafter in this section called the ordinary meeting) for the transaction of business at least once in two months and shall subject to the provisions of the following sub-sections make regulations not inconsistent this Act, or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meeting and generally respect to the transaction of business therein.

(2) The Chairman may, whenever he thinks fit, shall, upon the written request of not less than one-third of the total number of members specify the object for which the meeting is supposed to he called and on a date within fifteen days from the receipt of such request call a special meeting.

(3) If the Chairman fails to call a special meeting under sub-section (2) the Vice-Chairman or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.

(4) Ten clear days' notice of an ordinary meeting and seven clear days notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted at the office of the Panchayat Samiti and such notice shall include in the case of a special meeting any motion or proposition in the written request made for such meeting.

(5) Majority of the total number of members in office of the Panchayat Samiti shall form a quorum for transacting business at a meeting of the Panchayat Samiti and at the time appointed for the meeting a quorum is not present, the person presiding shall wait for minutes and if within such period there is no quorum he shall, proceed with the meeting but if within such period there is no quorum the person presiding shall adjourn the meetings to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of quorum.  At such adjourned meetings at which there is quorum the business which would have been brought before the original meeting shall be transacted.

(6) Every meeting shall be presided over by the Chairman or if he is absent, by the Vice-Chairman and if both are absent or if the Chairman is absent and there is no Vice-Chairman, the members present shall elect one from among themselves to preside.

(7) All questions shall, unless otherwise specially provided be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes for and against a question and in case of equality of votes for and against a question, he may give his casting vote.

(8) No member of a Panchayat Samiti shall vote on, or take part in the discussion on any question coming up for consideration at a meeting of the Panchayat Samiti or any Committee, if the question is one in which apart, from its general application to the public he has any direct pecuniary interest.

(9) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect is carried, he shall not preside at the meeting during such discussion or vote on or take part in it and in that case any member of the Panchayat Samiti may be chosen to preside at the meeting during the continuance of such discussion.

(10) No matter shall be discussed at any ordinary meetings unless it has been specified in the notice convening such meeting or in tile case of special meeting, in the written request for such meeting:

Provided that a member may propose any resolution connected with or incidental to the subject included in the list of business and toe Chairman may propose any urgent subject of routine nature not included in the list of business if no member objects to it:

Provided further that no permission shall be given in the case of motion or proposition to modify or cancel any resolution within three months after the passing thereof.

(11)  Any ordinary meeting may, with the consent of a majority of the members present, be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjourned took place. .

(12)  No resolution of Panchayat Samiti shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than two-thirds of the total number of members at an ordinary or special meting, a notice whereof shall be given fulfilling the requirements of sub-section (4) and setting forth fully the resolution which is proposed to be modified or cancelled at such meeting.

(13)  The proceedings of every meeting shall be recorded in the minutes book immediately after the deliberations of the meeting and shall after being read over by the member presiding over the meeting, be signed by him.  The action taken on the decisions of the Panchayat Samiti.  The minutes book shall always be kept in the office of the Panchayat Samiti and shall not be taken outside the Paanchayat Samiti office under any circumstances.   The Executive Officer shall be the custodian of the minute book.

(14)  A copy of every resolution passed at any meeting of the Panchayat Samiti shall within three days from the date of meeting be forwarded to the Director.

(15)  If it shall appear to a Panchayat Samiti that the attendance of any officer of the state Government, having jurisdiction over an area of a district or less than a district and not working under the Panchayat Samiti, is desirable at a meeting of the Panchayat Samiti, the Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be present at the meeting and the officer shall unless prevented by sickness or other reasonable cause, attend the meeting.

(16)  (a)  Subject to any directions issued by the State Government in this behalf, a Panchayat Samiti may require any officer of the State Government serving in the Panchayat Samiti area and with the previous permission of the Deputy Commissioner in the case of an officer serving in the concerned district to attend any such meeting and tender advice on any matter which concerns the department to which such officer belongs.

(b)  Where a Panchayat Samiti requires an officer specified in sub-section (12) to perform any other duty or execute any work such officer shall, subject to any general or special order of the State Government, perform such duties or execute such works.

 

117.  Defect or irregularity not to vitiate proceedings of Panchayat Samiti. (1) No act done or proceedings taken by a Panchayat Samiti or Standing Committee or any other committee appointed under this Act shall be questioned on account of any vacancy in membership or any defect in the election or qualification of the Chairman, Vice-Chairman, presiding authority or member or any defect or irregularity of such act or proceeding not affecting the merits of the case.

(2) Until the contrary is proved every meeting of the Panchayat Samiti or Standing Committee or any other Committee shall be deemed to have been duly convened and held and all members, attending the meeting shall be deemed to have been duly qualified, when the minutes of the meeting have been duly signed in accordance with the provisions of this Act.

 

118. Executive Powers of Panchayat Samitis. (1) The executive power of a Panchayat Samiti shall vest in the Chairman of the Panchayat Samiti and the Executive Officer thereof in the manner laid down in this Act.

(2) The Chairman and the Executive Officer shall perform all the duties and exercise all the powers specifically imposed or conferred on them by or under this Act and subject, wherever it is expressly provided, to the sanction of the Panchayat Samiti and to all other restrictions, limitations and conditions imposed, exercise the executive powers for the purpose of carrying out the provisions of this Act and be directly responsible for the due fulfillment of the purposes of this Act:

Provided that the Vice-Chairman, if the Chairman is absent, and the Executive Officer, if both the Chairman and Vice-Chairman are absent, may perform the duties or exercise the powers of the Chairman.

 

119.  Functions and duties of Panchayat Samiti. Subject to such exceptions and conditions as the State Government may by general or special order impose it shall be the duty of a Panchayat Samiti to provide for an make arrangements for carrying out the requirements of the area under its jurisdiction, in respect of the following matters, namely: -

(1)  Agriculture.- The doing of everything necessary to step up agricultural production and in particular-

(i)        multiplication and distribution of improved seeds;

(ii)       distribution of fertilizers;

(i)                popularization of improved techniques, methods and practices and improved implements;

(ii)               achieving self-sufficiency in green manure and composition of farm yard manure;

(iii)             encouraging fruit and vegetable cultivation;

(iv)             reclamation of land and swamps and conservation of soil;

(v)              providing credit for agricultural purposes;

(vi)             propagating and assisting in plant protection methods;

(vii)           laying out demonstration plots and working out better methods of farm management;

(viii)          utilizing more power for agricultural purposes;

(ix)             tree planting;

(x)              growing of village forests.

            (2)       Land improvement and Soil Conservation – Assisting the State Government and the Zila Parishad in the implementation of land improvement and soil conversation programmes of the State Government.

            (3)       Minor Irrigation, Water Management and Watershed Development. -

             (i)       assisting the State Government and the Zila Parishad in the construction and maintenance or minor irrigation works; and

            (ii)        implementation of community and individual irrigation works;

            (4)       Poverty Alleviation Programme. – Planning and implementation of poverty alleviation programmes and Schemes;

            (5)       Animal Husbandry, Dairying and Poultry. -

            (i)        maintenance of veterinary and animal husbandry services;

            (ii)        improvement of breed of cattle, poultry and other livestock;

(i)                promotion of dairying, farming, poultry and piggery; and

(ii)               prevention of epidemics and contagious diseases.

            (6)       Fisheries. – Promotion of fisheries development;

            (7)       Khadi Village and Cottage Industries. -

            (i)        promotion of rural and cottage industries; and

            (ii)       organization of conferences, seminars and training programmes, agricultural and industrial exhibitions;

            (8)       Rural Housing. – implementation of housing Schemes and distribution of house sites in villages;

            (9)       Drinking Water.-

            (i)        establishment, repairs and maintenance of rural water supply schemes;

            (ii)       prevention and control of water pollution;

            (iii)       implementation of rural sanitation schemes;

            (10)     Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder. -

            (i)        planting and preservation of trees on the sides of roads and other public lands under its control;

            (ii)       fuel plantation and fodder development; and

            (iii)       promotion of farm forestry and development of nurseries;

            (11)     Roads, Buildings, Bridges, Ferries, Waterways and other means of communication. -

            (i)        construction and maintenance of public roads, drains, culverts and other means of communications which are not under the control of any other local authority of the State Government;

            (ii)       maintenance of any buildings or other property vested in the Panchayat Samiti;

            (iii)       maintenance of boats, ferries and waterways including management of such public ferries as may be entrusted to the charge of a Panchayat Samiti under section 7-A of the Northern Indian Ferries Act, 1878;

            (12)     Non-Conventional Energy Sources. -

                       Promotion and development of non-conventional energy sources;

            (13)     Education including Primary and Secondary Schools-

            (i)        promotion of Primary and Secondary Education;

            (ii)       construction, repair and maintenance of primary school buildings;

            (iii)       promotion of social education through youth clubs and mahila mandals;

            (14)     Technical Training and Vocational Education-  promotion or rural artisan and vocational training;

            (15)     Adult and non-formal education. – implementation of adult literacy;

            (16)     Cultural Activities. – promotion of social and cultural activities;

            (17)     Markets and Fairs. – regulation of fairs and festivals including cattle fairs;

            (18)     Health and Family Welfare, -

            (i)        promotion of health and family welfare programme;

            (ii)       promotion immunization and vaccination programme;

            (iii)       health and sanitation of fairs and festivals;

            (iv)      registration of births, deaths and marriages;

(iii)             disposal of unclaimed dead bodies;

            (19)     Women and Child Development -

            (i)        promotion of programmes relating to development of women and children;

            (ii)       promotion of school health and nutrition programmes;

            (iii)       promotion of participation of voluntary organisations in women and child development programmes;

            (20)     Social Welfare including Welfare of the Handicapped and Mentally Retarded, -

            (i)        Social Welfare programmes including welfare of handicapped, mentally retarded and destitutes;

            (ii)       monitoring the old age and widow’s pensions and pensions for the handicapped;

            (iii)       regulation of offensive and dangerous trades and practice;

            (iv)      prevention of dowry and other social evils.

            (21)     Welfare of the weaker sections and in particular of the Scheduled Castes and Backward Classes, -

            (i)        Promotion of welfare of Scheduled Castes, Backward Classes and other weaker sections of society;

            (ii)       protecting Scheduled Castes and Backward Classes and other weaker sections from social injustice and exploitation;

            (22)     Maintenance of Community Assets, -

            (i)        maintaining all community assets vested in or under the management or control transferred by the State Government or any local authority of organization;

            (ii)       preservation and maintenance of other community assets;

            (23)     Public Distribution Systems, - distribution of essential commodities;

            (24)     Rural Electricification, - promotion of rural electrification including distribution of electricity;

            (25)     Co-operation – promotion of co-operative activities,

            (26)     Libraries. – establishment, maintenance and promotion of libraries;

            (27)     Such other functions as may be entrusted by the State Government.

 

120.     Entrustment of functions to Panchayat Samitis. (1) The State Government may entrust, conditionally or unconditionally to a Panchayat Samiti, functions in relation to any matter, to which the executive authority of the State Government extends or in respect of functions which have been entrusted to the State Government by the Central Government and the Panchayat Samiti, shall be bound to perform such functions.

            (2)       Where functions are entrusted to a Panchayat Samiti under sub-section (1), the Panchayat Samiti shall, in discharge of such functions, act as an agent of the State Government.

            (3)       Where by virtue of this section, powers and duties have been conferred or imposed as agency functions upon a Panchayat Samiti the Panchayat Samiti shall Samiti shall be paid by the State government such sum as may be determined by the State Government in respect of any extra cost of administration incurred by eh Panchayat Samiti in connection with the exercise of these powers and duties.

            (4)       In so far as the Panchayat Samiti is required to act under this section it shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given to it by the State Government or any other authority appointed by the State Government in this behalf.

           

121. Relationship of Panchayat Samiti with Gram Panchayat . (1) A Panchayat Samiti shall, in the manner prescribed, exercise such supervision and control over the performance of all or any of the administrative functions of the Gram Panchayats within its area or any part thereof as may be specified by the State Government by an order issued in this behalf and also render such technical and financial assistance as may be required by the Gram Panchayat for the implementation of development schemes which are beyond the powers of such Gram Panchayat to execute.

(2) Subject to such terms as may be agreed upon, a Panchayat Samiti may delegate any of the following duties to a Gram Panchayat, namely: -

(i)                any matter under the direct administrative control of the Panchayat Samiti ;

(ii)               the construction, maintenance or improvement of any property under the control or management of the Panchayat Samiti;

122. Power of Panchayat Samiti to make bye-laws. - A Panchayat Samiti may, and if required by the State Government shall, from time to time, make by notification in the official Gazette bye-laws consistent with the provisions of this Act and the rules made thereunder, for carrying out all or any of the purpose of this Act, and, without prejudice to the generality of the forgoing power such bye-laws may make provision for all or any of the following matters, namely. –

(i)                the time and place of the meetings of the Panchayat Samiti and its Committees;

(ii)               the manner in which the notice of the meetings and adjourned meetings shall be given;                

(iii)             conduct of proceedings at the meetings and adjournment of meetings ;

(iv)             custody of common seal and the purposes for which it shall be used

(v)              persons by whom receipts shall be granted on behalf of the Panchayat Samiti for money received under this Act ;

(vi)             the conditions on which registers, documents, resolutions, maps and plans of the Panchayat Samiti may be inspected by the public and copies thereof supplied, and fees payable for such inspection or for supply of such copies;   

(vii)           quorum necessary for the transaction of business at the meetings of any Committee,

(viii)          any other matter relating to the proceedings of the Panchayat Samiti or Standing Committees, exclusion of a member of the Panchayat Samiti from a meeting in which any contract in which he has a pecuniary interest is under consideration, the holding and regulation of meetings and conduct of debate, the inspection of Minute Books and supply of copies of minutes to the members or other persons and the fees payable therefore ;

(ix)             the exercise by any employee of the Panchayat Samiti except the Executive Officer of powers conferred upon the Panchayat Samiti by this or any other Act for the time being in force, and the conditions and limitations subject to which such powers may be exercised;

(x)       the regulating of the appointment, powers and proceedings of standing committees or any consultative committee set up by the Panchayat Samiti;

(xi)      the defining of the limits of and regulating the use and management of, and for the maintaining in a sanitary condition, a fair, agricultural show, or an industrial exhibition;

(xii)      assessment and collection of fees, taxes and cesses imposed under this Act; 

(xiii)     licensing and fixation of fees leviable under this Act and the conditions on which licences are to be granted and may be revoked;

(xiv)     maintenance, management and control of all matters defined and duties of the Panchayat Samiti in Sections 119, 120 and 121 ;

(xv)     protection from injury and interference of the property of the Panchayat Samiti or of the State Government vested in the Panchayat Samiti ;

(xvi)     appointment of persons to register sales of animal in a public market or fair and the fixation of fees leviable by then

(xvii)    the sale of articles of food and drink;

(xviii)   the registration and licensing of vehicles, other than motor vehicles or bullock carts, and, the conditions on which such licensees are to be granted and the regulation of traffic of such vehicle;

(xix)     the protection of roads and streets from damage and encroachments, the protection of public from danger and inconvenience arising front dangerous structures, unfenced, concealed and disused wells, fallen trees and unpiped drains;

(xx)     provision and improvement of pastures and grazing lands;

(xxi)     improvement of breeding of cattle, sheep and goats and prevention of cattle diseases. (xxii) cleansing and protection of springs, tanks, ponds and the like;

(xxiii)   provision and supervision of burial and burning places;

(xxiv)   control of vehicles stands,

(xxv)    destruction of mosquitoes and other anti-malaria measures.

(xxvi)   destruction of rats, locusts and other pests and other anti-plague measures; destruction of dogs and other anti-rabic measures ,

(xxvii)    housing improvement such as provision of ventilators and other anti tuberculosis measures;

(xxviii)   provision of play fields and recreation grounds and promotion of physical culture;

(xxix)      seizure and disposal of ownerless animals straying within the limits of the Panchayat Samiti area;

(xxx)       inspection and proper regulation of encamping grounds, ponds, sarais, backeries, dhabas, tandurs, smokeless chullahs, aerated water factories, flour mills, foodgrain godowns, slaughter-houses, dhobighats, markets and stalls;

(xxxi)      inspection and proper regulation of the premises used as staples, cow-houses or houses or enclosures for sheep, goats or swine;  and

(xxxii)    inspection and proper regulation of buildings ordinarily utilized for the residence or treatment of persons suffering from infectious diseases.

(2)       The bye-laws made under this section shall be subject to previous publication.

 

123.  Penalty for infringement of bye-laws. -  In making any bye-laws a Panchayat Samiti may direct that a breach of the same shall be punishable with fine which may extend to rupees five hundred and in the case of a continuing breach, with a further fine which may extend to five rupees for every day during which the breach is continued after conviction for the first such breach so, however, that it does not exceed in the aggregate five hundred rupees.

 

124.  Penalty for disobedience orders of Panchayat Samiti. – Whoever disobeys any lawful direction or prohibition given by a Panchayat Samiti by written notice issued by the Executive Officer under any power conferred by this Act or rules made thereunder, or fails to comply with the conditions subject to which any permission was given by the Panchayat Samiti or the Chairman or the Executive Officer on its behalf under any power so conferred, shall, if the disobedience or omission is not an offence punishable under any other provision of this Act, be punishable with fine which may extend to rupees five hundred and, in case of continuing breach, with a further fine which may extend to five rupees for every day during which the breach is continued after conviction for the first such breach, so, however, that it does not exceed to the aggregate five hundred rupees.

 

125.  Compensation for damage. – Every person convicted of an offence under this Act on account of any act or omission, shall, notwithstanding any punishment to which he may have been sentenced for such offence, pay compensation, the amount of which shall be determined by the Magistrate before whom he was so convicted, to the Panchayat Samiti for any damage that may have occurred to any property of the Panchayat Samiti in consequence of such act or omission.

 

126.  Penalty for obstructions. – Any person willfully obstructing a Panchayat Samiti or any employee of the Panchayat Samiti or any person authorized by the Panchayat Samiti, in exercise of the powers conferred by this Act, shall be punishable with fine which may extend to fifty rupees.

 

127. Prosecution. - Unless, otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or bye-law made thereunder, except on the complaint of or upon information received from the Panchayat Samiti or some person authorized by the Panchayat Samiti or by the Executive Officer in this behalf.

 

128. Payment of compensation. - A Panchayat Samiti may pay compensation out of the Panchayat Samiti Fund to any person sustaining damage or injury to person in the exercise of any of the powers vested in the Panchayat Samiti or its employee under this Act, when such damage or injury is caused by the negligence of the Panchayat Samiti or its employees and the person sustaining the damage or injury is not himself in default in the matter in respect of which the power is exercised.

 

129. Power to recover sums of money claimable by Panchayat Samiti - (1) Save as provided in Section 153 all sums of money claimable by a Panchayat Samiti under this Act may be recovered, on application to a Magistrate having jurisdiction in the district or any other place where the person from whom the money is claimable may for the time being be resident, by distress or sale of any immoveable property within limits of its Jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said sums of money.

(2)  An application made under sub-section (1) shall be in writing and shall be signed by the Executive Officer of the Panchayat Samiti but it shall not be necessary to present it in person.

 

130. Power of Panchayat Samiti to delegate. - (1) Notwithstanding anything contained in this Act, a Panchayat a Samiti may by resolution delegate to the Chairman, Vice-Chairman, the Executive Officer or any other employee of the Panchayat Samiti or of the State Government, all or any of the powers conferred upon the Panchayat Samiti under this Act except the power to make by-laws.

(2) The Chairman may, by an order In writing, delegates any Of his powers and functions also to the Vice-Chairman:

Provided that he shall not delegate any powers or functions which the Panchayat Samiti expressly forbids him to delegate.

(3) Every order made under this section shall be communicated to the Panchayat Samiti.

(4) The Chairman shall have power to modify or withdraw any powers or functions delegated to the Vice-Chairman under sub-section (1).

 

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