BOMBAY
VILLAGE PANCHAYATS (AMENDMENT) ACT, 1965 THE BOMBAY VILLAGE
PANCHAYATS (AMENDMENT) ACT, 1965 [Act No. 36 of 1965] [3rd September, 1965] An Act further to amend
the Bombay Village Panchayats Act, 1958. WHEREAS it is expedient further to amend the Bombay Village
Panchayats Act, 1958 (Bom. III of 1959), for the purposes hereinafter
appearing; It is hereby enacted in the Sixteenth Year of the Republic of India
as follows:-- (1)
This Act may be called the
Bombay Village Panchayats (Amendment) Act, 1965. (2)
It shall come into force
on such date as the State Government may, by notification in the Official
Gazette, appoint. In section 3 of the Bombay Village Panchayats Act, 1958 (Bom. III
of 1959) (hereinafter referred to as the principal Act (sic)),-- (a)
before clause (1), the
following new clauses shall be inserted, namely:-- "(a-1) "associate member"
means a member who is entitled to attend and to take part in the deliberations
of a panchayat or Committee, but shall have no right to vote, and shall not be
eligible to hold the office of Sarpanch or Upa-Sarpanch; (a-2) " Auditor " means
an Auditor as defined in the Bombay Local Fund Audit Act, 1930 (Bom. XXV of
1930);"; (b)
in clause (27), for the
words "and 'Chief Executive Officer' " the words ", 'Chief
Executive Officer' and 'Block Development Officer' ''shall be substituted. In section 4 of the principal Act, in sub-section (1), after the
words "to be a village" the following shall be added, namely:-- " to be known by the name
of............................village: Provided that, where a group of revenue villages or hamlets or
other such administrative unit or part thereof is declared to be a village, the
village shall be known by the name of the revenue village, hamlet or, as the
case may be, administrative unit or part thereof, having the largest
population.". In section 7 of the principal Act, in sub-section (1),-- (a)
for the words "every
year" the words "every financial year" shall be substituted; and
after the words "as may be prescribed" the words "and if the
Sarpanch, or in his absence the Upa-Sarpanch fails, without sufficient cause,
to hold such two meetings, he shall be disqualified for continuing as Sarpanch
or, as the case may be, Upa-Sarpanch or for being chosen as such for the
remainder of the term of office of the members of the panchayat. The decision
of the Collector on the question whether or not there was such sufficient cause
shall be final. " shall be added; (b)
for the proviso, the
following shall be substituted, namely:-- "Provided that, the Sarpanch
may, at any time of his own motion, and, shall, on requisition of the Standing
Committee, Panchayat Samiti, or Chief Executive Officer, call a meeting of the
Gram Sabha within the period specified in the requisition; and, on failure to
do so, the Chief Executive Officer shall require the Block Development Officer
to call the meeting within fifteen days from the date he is so required to do.
The meeting shall, notwithstanding he provisions of sub-section (3), be
presided over by him or any officer authorised by the Block Development Officer
in that behalf." In section 8 of the principal Act, in sub-section (1), for the
words "every year" the words "every financial year" shall
be substituted. In section 10 of the principal Act:-- (1)
in sub-section (1),-- (a)
in clause (a), the
following shall be added at the end namely:-- "and the Chairman or
Chairmen of co-operative society or societies conducting business in the
village relating to agriculture or granting of loans (to be an associate member
or members)"; (b)
in clause (b), after the
word "Collector" the words "in the prescribed manner" shall
be inserted;- (2)
in sub-section (3), after
the words "names of elected members" the words "including the
name or names of the Chairman or Chairmen of the co-operative society or
societies, as the case may be" shall be inserted. After section 13 of the principal Act, the following new section
shall be inserted, namely:-- "13A. Vacation
of seats. If a person is elected to more than one seat in a village
panchayat, then unless, within the prescribed time he resigns all but one of the
seats by notice in writing signed by him and addressed to the Collector or any
officer authorised by him in this behalf, all the seats shall become vacant.
" In section 14 of the principal Act,-- (1)
after clause (c), the
following new clause shall be inserted, namely:-- " (c-1) having held any
office under any Government or local authority, has, whether before or after
the commencement of this Act, been dismissed for misconduct, unless a period of
five years has elapsed since his dismissal; or "; (2)
in clause (h), for the
portion beginning with the words "within three months" and ending
with the words and figures "section 129; or " the following shall be
substituted, namely:-- "or the Zilla Parishad within
three months from the date on which the amount of such tax or fee is demanded,
and a bill for the purpose is duly served on him; or "; (3)
after Explanation 1, the
following Explanation shall be inserted, namely:-- "Explanation 1A.--A person shall not be disqualified under
clause (g) by reason only of such person? (i)
having a share or interest
in any newspaper in which any advertisement relating to the affairs of the
panchayat is inserted; or (ii)
having a share or interest
in the occasional sale to the panchayat of any article in which he regularly
trades, or in the purchase from the panchayat of any article, of a value in
either case not exceeding in any financial year two hundred rupees; or (iii)
having a share or interest
in the occasional letting out on hire to the panchayat or in the hiring from
the panchayat of any article for an amount not exceeding in any financial year
twenty-five rupees or such higher amount not exceeding one hundred rupees, as
the panchayat, with the sanction of the Collector, may fix in this behalf; or (iv)
having any share or
interest in any lease for a period not exceeding ten years, of any immovable
property or in agreement for the same; and before such lease or agreement is
executed, the Block Development Officer certifies that no other suitable
premises were available to the panchayat on lease.". In section 15 of the principal Act,-- (1)
in sub-section (1), after
the words "brought in question by" the words "any candidate at
such election or by " shall be inserted; and for the words "such
person" the words "such candidate or person" shall be
substituted; (2)
to sub-section (2), the
following shall be added at the end, namely:-- "If the election is set
aside, a date for holding a fresh election shall forthwith be fixed under
section 11."; (3)
in sub-section (5), in
clause (a), for the word and figures "section 17" the word, brackets
and figure "sub-section (2)" shall be substituted. In section 16 of the principal Act, in sub-section (2), for the
portion beginning with the words "In every case" and ending with the
words "from continuing to be a member" the following shall be
substituted, namely:-- "If any question whether a vacancy has occurred under this
section is raised by the Collector suo motu or on an application made to him by
any person in that behalf, the Collector shall decide the question as far as
possible within sixty days from the date of receipt of such application. Until the
Collector decides the question, the member shall not be disabled under
sub-section (1) from continuing to be a member.". Section 17 of the principal Act shall be deleted. In section 28 of the principal Act, in sub-section (1),-- (1)
after the words
"elected at a general election" the words "including the
Chairman or Chairmen of the co-operative society or societies, as the case may
be, referred to in clause (a) of sub-section (1) of section 10" shall be
inserted: (2)
the following proviso
shall be added, namely:-- "Provided that, if such day
fixed for the first meeting falls prior to the date on which the term of office
of the retiring members expires under section 27 or prior to the expiry of the
period for which the panchayat has been superseded under section 145, the first
meeting shall be held on a date not exceeding ten days from such expiry of the
term of office of the members or the expiry of the period of
supersession.". For section 29 of the principal Act, the following shall be
substituted, namely:-- "
29. Resignation of members. Any member who is elected may resign his office by writing under
his hand addressed to the Sarpanch, and the Sarpanch may resign his office of
member by giving similar notice addressed to the Chairman of the Panchayat
Samiti; and the office of the member shall thereupon become vacant. The notice
shall be delivered in the manner prescribed.". In section 30 of the principal Act,-- (a)
for the words "by the
members from amongst their own number" the words ''by the panchayat from
amongst its elected members" shall be substituted; (b)
for the words "one of
its members" the words "one of its elected members" shall be
substituted; (c)
the following proviso
shall be added at the end, namely:-- "Provided that if a
Upa-Sarpanch is elected as Sarpanch, the office of Upa-Sarpanch shall become
vacant." After section 32 of the principal Act, the following new section
shall be inserted, namely:-- "32A. Travelling
and daily allowances to members. The members of a panchayat (including its Sarpanch and
Upa-Sarpanch) may be paid such travelling and daily allowances for journeys
undertaken in relation to any business of the panchayat as may be
prescribed.". In section 33 of the principal Act, in sub-section (5), for the
portion beginning with the words, "the dispute shall be referred" and
ending with the words "any such decision" the following shall be
substituted, namely:-- "the officer presiding over such meeting or any member (other
than an associate member) may, within fifteen days from the date of the
election, refer the dispute to the Collector for decision. An appeal against
the decision of the Collector may, within fifteen days from the date of such
decision, be filed before the Commissioner, whose decision shall be final. The
Collector or Commissioner shall give his decision as far as possible within
sixty days of the receipt of the reference, or as the case may be,
appeal." For section 34 of the principal Act, the following shall be
substituted, namely:-- "34. Resignation
by Sarpanch or Upa-Sarpanch. (1)
The Sarpanch may resign
his office by writing under his hand address-ed to the Chairman of the
Panchayat Samiti, and his office shall thereupon become vacant. (2)
The Upa-Sarpanch may
resign his office by writing under his hand addressed to the Sarpanch, and his
office shall thereupon become vacant. (3)
The notice of resignation
shall be delivered in the manner prescribed." In section 36 of the principal Act, the following proviso shall be
added at the end, namely:-- "Provided that, if the Sarpanch, or in his absence, the
Upa-Sarpanch, fails with-out sufficient cause, to convene the meetings of the
panchayat in any financial year according to the rules prescribed in that
behalf, he shall be disqualified for continuing as Sarpanch or, as the case may
be, Upa-Sarpanch or for being chosen as such for the remainder of the term of
office of the members of the panchayat. The decision of the Collector on the
question whether or not there was sufficient cause shall be final." In section 38 of the principal Act,-- (a)
in sub-section (2), in
clause (i),-- (i)
sub-clause (b) shall be
deleted; (ii)
to sub-clause (c), the
following shall be added, namely:-- "including supervision over
the keeping and maintenance of records and registers of the panchayat in the
custody of the Secretary; "; (iii)
in sub-clause (e), after
the word "operate " the words "jointly with the Secretary"
shall be inserted; (iv)
for sub-clause (f), the
following shall be substituted, namely:-- "(f) issue or cause to be
issued receipts in the prescribed manner for sums of money received on behalf
of the panchayat;"; (b)
after sub-section (3), the
following sub-section shall be added, namely:-- "(4) Save as otherwise
provided by this Act, the powers, duties and functions of the Sarpanch shall,
in cases where there is no person competent to exercise or perform them for any
reason whatsoever, be exercised and performed by any member of the Gram Sabha
nominated by the Panchayat Samiti who is qualified to be elected. The member so
nominated shall, when presiding over any meeting of the Panchayat, have powers
and follow the procedure prescribed, but shall not have the right to
vote." In section 39 of the principal Act,-- (1)
for the words "Zilla
Parishad" wherever they occur, the words "Standing Committee"
shall be substituted; (2)
after sub-section (1), the
following new sub-section shall be inserted, namely:-- " (1A) Where a person is
removed from office of the Sarpanch or Upa-Sarpanch, he shall not be eligible
for re-election as Sarpanch or Upa-Sarpanch during the remainder of the term of
office of members of the panchayat." In section 40 of the principal Act, for sub-section (2), the
following shall be substituted, namely:-- "(2) If any question whether a vacancy has occurred under
this section is raised by the President of a Zilla Parishad suo motu or on an
application made to him in that behalf, the President shall as far as possible
decide the question within sixty days from the date of receipt of such
application. Until the President decides the question, the member shall not be
disabled from continuing to be a member of the panchayat. Any person aggrieved
by the decision of the President may, within fifteen days from the date of such
decision, appeal to the State Government; and the decision of the State
Government in appeal shall be final: Provided that, no decision shall be given under this sub-section
by the President against any member without giving him a reasonable opportunity
of being heard." In section 42 of the principal Act, for the words and figures
"section 16 or under section 40 shall, if his disqualification or
disability has ceased," the words and figures "section 16, if his
disqualification or disability has ceased, or under section 40 shall"
shall be substituted. Section 44 of the principal Act shall be renumbered as sub-section
(1) of that section and after sub-section (1) so renumbered, the following new
sub-sections shall be inserted, namely:-- "(2) The panchayat shall have power to act notwithstanding
any vacancy in the membership or any defect in the constitution thereof; and
such proceedings of the panchayat shall be valid notwithstanding that it is
discovered subsequently that some person who was not entitled to do so sat or
voted or otherwise took part in the proceedings. (3) No act or proceedings of a panchayat shall be deemed to be
invalid on account of any defect or irregularity in any such act or proceeding
not affecting the merits of the case or on account of any irregularity in the
service of notice upon any member or for mere informality. ". In section 45 of the principal Act, for sub-sections (1) and (2)
the following shall be substituted, namely:-- " (1) Subject to the
general control of the Zilla Parishad and the Panchayat Samiti, it shall be the
duty of a panchayat so far as the village fund at its disposal will allow to
make reasonable provision within the village with respect to all or any of the
subjects enumerated in Schedule I as amended from time to time uder sub-section
(2) (in this Act referred to as " the Village List "). (2) ?The State Government may, by notification in
the Official Gazette, omit any entry from Schedule I or add any entry thereto
or amend any such entry, and the Schedule shall, on the issue of the
notification, be deemed to be amended accordingly: Provided that? (a)
no such notification
omitting any entry from Schedule I shall be issued without the previous
approval of the State Legislature; and (b)
any other notification
shall be laid before each House of the State Legislature as soon as may be
after it is issued, and shall be subject to such modification as the State
Legislature may make, during the session in which it is so laid, and publish in
the Official Gazette. (2A) A panchayat may, with
the previous sanction of the President of the Zilla Parishad, also make
provision for carrying out, outside the village, any work of the nature
specified in Schedule I; and subject to any directions made by the State
Government in that behalf, may also incur expenditure outside the village in
respect of any scheme or for any purpose sponsored by the Government. (2B) A panchayat may, by
resolution, give grant-in-aid to any institution in respect of matters falling
in entries 17, 18, 19, 20, 22 and to any person or institution in respect of
matter falling in entry 23 of Schedule I or contribute to any fund sponsored by
the Government for the purpose referred to in entry 75 of that Schedule. If any
doubt arises, whether or not the fund is sponsored by the Government, the
question shall be decided by the Collector, and his decision shall be final: Provided that, such grant-in-aid
shall not be paid out of any grant made to the panchayat by the State
Government or Zilla Parishad or Panchayat Samiti." In section 46 of the principal Act,-- (1)
for the portion beginning
with the words "The Zilla Parishad or Panchayat Samiti" and ending
with the words "execution of such work:" the following shall be
substituted, namely:-- "Without prejudice to the
provisions of sub-section (2) and sub-section (3) of section 124 of the
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1961), a
Zilla Parishad or Panchayat Samiti with the consent of a panchayat may, at any
time, transfer to such panchayat the management of any institution or the
execution or maintenance of any work, and it shall thereupon be lawful for such
panchayat to undertake the management of such institution or the execution or
maintenance of such work: "; (2)
in the proviso, for the
words "or execution" the words ", execution or maintenance
" shall be substituted; (3)
for the marginal note, the
following shall be substituted, namely:-- "Power of Parishads and
Samitis to transfer management of institution or execution or maintenance of
work." In section 51 of the principal Act, after sub-section (1), the
following new sub-sections shall be inserted, namely:-- "(1A) Where the State Government is of opinion that any property
vested in a panchayat under sub-section (1) is required for the purpose of any
national or State development plan or for any other public purpose, or where
any such property is not required by the panchayat for the purpose for which it
was vested, the State Government may resume such property; and upon such
resumption, the property shall cease to vest in the panchayat and shall revest
in the State Government. (1B) Notwithstanding anything contained in sub-section (1) or in
any order-vesting grazing or other lands in a panchayat, such of the grazing or
other lands vested in a panchayat as were under cultivation immediately before
the day on which the Bombay Village Panchayats (Amendment) Act, 1965 (Mah.
XXXVI of 1965) comes into force shall, on the commencement of that Act, cease
to vest in such panchayat and revest in the State Government, subject to all
limitations, conditions and right or interest of any person in force or
subsisting immediately before such commencement." In section 52 of the principal Act,-- (1)
to sub-section (1), the
words " Such permission may be granted with or without conditions or may
be refused." shall be added; (2)
in sub-section (2)? (a)
for the words "
communicate its sanction " the words " communicate its permission
" shall be substituted; and (b)
for the portion beginning
with the words " In case of refusal " and ending with the words
" communication of such refusal" the following shall be substituted,
namely:-- "In a case of refusal or in
case of permission being granted subject to conditions, the panchayat shall
communicate to the applicant the reasons therefor; and an appeal shall lie
against any such order of refusal or of conditional permission to the Standing
Committee within a period of thirty days from the date of communication of such
order."; (3)
in sub-section (5), after
the words "fixed in the notice" the brackets and words "(such
time being not less than thirty days)" shall be inserted; (4)
in sub-section (6), the
following shall be added at the end, namely:-- "Nothing in this section
shall also apply to any building erected or re-erect-ed for any industrial or
commercial purpose.". In section 53 of the principal Act, after sub-section (3), the
following new sub-section shall be inserted, namely:-- "(3A) Any person aggrieved by the exercise of the powers by
the panchayat under sub-section (2) or (3) may, within thirty days from the
date of exercise of such powers, appeal to the Standing Committee and the
Standing Committee, after making such enquiry as it thinks necessary, shall
pass such orders as it deems necessary after giving such person a reasonable
opportunity of being heard.". In section 55 of the principal Act, for the words "vested
in" the words, brackets and figures "vested in (otherwise than under
the provisions of sub-section (1) of section 51)" shall be substituted. In section 56 of the principal Act,-- (1)
in sub-section(1), for the
words "It shall be competent to a Zilla Parishad or Panchayat Samiti from
time to time to direct that any property vesting in such Zilla Parishad or
Panchayat Samiti" the words "It shall be competent for a Zilla
Parishad from time to time to direct that any property vesting in it"
shall be substituted; and for the words "the property shall vest" the
words "the property shall, subject to rules made in that behalf,
vest" shall be substituted; (2)
in sub-section (2), the
following shall be added at the end namely:-- "and every work constructed
by a panchayat with the assistance of a Zilla Parishad or Panchayat Samiti
shall vest in a panchayat in the manner provided by rules made in that
behalf." In section 57 of the principal Act, in sub-section (2),-- (1)
in clause (c), for the
words, brackets, letters and figures " under clause (b) of sub-section (1)
of section 102C of the Bombay Local Boards Act, 1923" the words, brackets,
letter and figures " under clause (b) of section 163 of the Maharashtra
Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962); "shall
be substituted; (2)
after clause (n), the
following new clause shall be added, namely:-- " (o) all sums received by
way of commission by a panchayat, when acting as an insurance agent for
implementing any Rural Insurance Scheme of the Life Insurance Corporation of
India." In section 60 of the principal Act, in sub-section (1), for the
words " a Secretary " the words "one or more Secretaries"
shall be substituted. Section 61 of the principal Act shall be renumbered as sub-section
(1) of that section and after sub-section (1) so renumbered, the following new
sub-section shall be inserted, namely:-- " (2) Without prejudice to the powers of a panchayat under
sub-section (1), the State Government may make rules regulating the terms and
conditions of service of servants appointed under sub-section (1)." In section 62 of the principal Act,-- (1)
for the word
"year", wherever it occurs, the words "financial year"
shall be substituted; (2)
in sub-section (1), in
clause (b), the words, brackets and figure "sub-section (1) of" shall
be deleted; (3)
in sub-section (2), for
the words and figures "specified in section 45" the words and figures
"falling under section 45" shall be substituted; (4)
in sub-section (3), after
the words "including contributions from the State Government" the
words "but not including any sums received from the State Government,
Zilla Parishad or Panchayat Samiti by way of grant or loan for any specific
work" shall be inserted. In section 64 of the principal Act,-- (a)
in sub-section (1), after
the words "one person elected by each panchayat" the words " and
a woman, if any, nominated " shall be inserted; (b)
in sub-section (2), for
the words" Every panchayat shall "the words" Subject to the
provisions of this section, every panchayat shall" shall be substituted; (c)
after sub-section (2), the
following new sub-sections shall be inserted, namely:-- "(2A) If the members elected under sub-section (2) do not
include a woman, the Standing Committee shall, subject to the provisions of
sub-section (2B), nominate a woman, and the woman so nominated shall be deemed
to have been duly elected under sub-section (2). (2B) No person shall be eligible for election or nomination as a
member of a Nyaya Panchayat unless he? (a)
has completed the age of
twenty-five years; and (b)
has passed such
educational test as the State Government may from time to time prescribe in
this behalf. (2C) In the event of a dispute as to the validity of the election
of a person on a Nyaya Panchayat, any member of the Gram Sabha may refer the
dispute, within thirty days from the date of election, to the Collector for
decision. The Collector shall decide the matter as far as possible within sixty
days of the receipt of the reference. An appeal against the decision of the
Collector may, within thirty days from the date of such decision, be filed
before the Commissioner who shall as far as possible decide the appeal within
sixty days of its receipt. The Commissioner's decision shall be final. " After section 64 of the principal Act, the following new section
shall be inserted, namely:-- "
64A. Disqualifications. The provisions of section 14 in relation to disqualifications of a
member of a panchayat shall apply in relation to disqualifications of a member
of a Nyaya Panchayat with the following modifications, that is to say,-- (a)
in clause (d), for the
words, brackets and figures "under sub-section (1) of section 39 and a
period of five years" the words, brackets and figures "under
sub-section (1) of section 70 and a period of four years" shall be
substituted; (b)
in clause (e), for the
words, brackets and figures " under sub-section (2) of section 39 "
the words, brackets and figures " under sub-section (3) of section
70" shall be substituted. In section 66 of the principal Act, in clause (b), after the words
"shall sit" the brackets and words "(including the first sitting
of a Nyaya Panchayat after its constitution) "shall be added. In section 70 of the principal Act, after sub-section (3), the
following new sub-section shall be inserted, namely:-- "(4) The State Government may, subject to like condition,
disqualify for a period not exceeding four years, any person who has resigned
his office as a member of a Nyaya Panchayat and has been guilty of the acts and
omissions specified in sub-section (1): Provided that, such action is taken within a reasonable time after
such resignation.". In section 75 of the principal Act, in clause (a), for the letters
and figures "Rs. 20" at both the places where they occur, the letters
and figures " Rs. 50 " shall be substituted. In section 77 of the principal Act,-- (a)
the words " either
the complainant or " shall be deleted; (b)
the proviso shall be
deleted. In section 78 of the principal Act, in sub-section (1), in clause
(vii), for the word " twenty " the word " fifty " shall be
substituted. In section 88 of the principal Act, after the figures " 120
" at the end, the words "or on being satisfied that any Nyaya
Panchayat is not functioning in any group of villages or for any sufficient
cause, otherwise directs " shall be added. (1)
In section 90 of the
principal Act, (1) for the words " the prescribed fees " the words
"the fees which may be prescribed therefor " shall be substituted; (2)
in the proviso, for the
words and figures " an Administrative Officer appointed under the Bombay
Primary Education Act, 1947, or any corresponding Act" the words and
figures " a Parishad Education Officer appointed under the Bombay Primary
Education Act, 1947 or any officer appointed under any corresponding Act"
shall be substituted. After section 103 of the principal Act, the following new section
shall be inserted, namely:-- "103A Duty of
Nyaya Panchayat to effect settlement wherever possible. (1)
In every proceeding coming
before it, it shall be the duty of a Nyaya Panchayat in the first instance to
make every endeavour to bring about a settlement between the parties. (2)
Without prejudice to the
generality of the powers conferred by sub-section (1), a Nyaya Panchayat may,
for the purpose of bringing about such settlement, adjourn the proceeding and
refer the matter to any person or persons nominated by the parties in this behalf
with directions to report to the Nyaya Panchayat within a time to be specified
by it as to whether a settlement can be and has been effected, and shall, if a
settlement is arrived at within the time so specified or any time extended by
the Nyaya Panchayat in this behalf, dispose of the proceeding conformably to
such report. If no settlement is arrived at, the Nyaya Panchayat shall proceed
with the suit or case in accordance with the provisions of this Act. ". In section 107 of the principal Act, for the words "any fees
which may be prescribed " the words and figures " any fees prescribed
under section 90 " shall be substituted. In section 114 of the principal Act,-- (1)
in sub-section (1), for
the portion beginning with the words " the decree-holder may" and
ending with the words " for execution " the following shall be
substituted, namely:-- " and the decree-holder
applies to the Nyaya Panchayat for execution within one year from the date of
the decree, the Nyaya Panchayat shall recover the same by distraint and sale of
the defaulter's property. The power of distraint and sale
shall be subject to such rules as may be made with respect to properties exempt
from attachment, the manner of its exercise and other matters relevant
thereto"; (2)
for sub-section (2), the
following new sub-sections shall be substituted, namely :-- " (2) If, after such
distraint and sale the amount of the decree is not fully recovered, the Nyaya
Panchayat shall certify; accordingly to the Collector and on receipt of such
certificate, the Collector, provided that the Nyaya Panchayat has so certified
to him within one year from the date of the application for execution, shall,
if the decree is for money, proceed to recover it as if it were an arrear of
land revenue; (3)
If a decree for the
delivery of any specified moveable property remains unsatisfied for one month
after the due date and the decree holder applies to the Nyaya Panchayat for
execution within one year from such date the Nyaya Panchayat may endorse the
decree by actual seizure of the property and its delivery to the decree holder,
or if the seizure is not practicable, have it executed by enforcing payment of the
sum decreed as an alternative in the manner provided in sub-section (2).". In section 120 of the principal Act, after sub-section (3), the
following new sub-section shall be inserted, namely :-- " (4) Where the application made by an aggrieved person under
sub-section (1) is dismissed, the District Court or the Sessions Court, as the
case may be, may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to the person who
has opposed the application such sum not exceeding one hundred rupees as it may
consider proper in the circumstances: Provided that no order as aforesaid shall be made unless the
applicant is called upon to show cause why such order should not be made
against him. ". In section 124 of the principal Act,-- (1)
in sub-section (1),-- (a)
in clause (ii), for the
word " octroi " the words " with the previous sanction of the
State Government, octroi " shall be substituted; (b)
after clause (viii), the
following new clause shall be inserted, namely:-- " (viii-a) a lighting tax;
"; (c)
after clause (xvii), the
following new clause shall be added, namely:-- " (xviii) a fee on the
registration of animals sold in any market or place belonging to or under the
control of a panchayat. "; (2)
to sub-section (5), the
following shall be added, namely:-- "The first appeal shall be
made within thirty days after the presentation of the bill complained of, and
the further appeal within thirty days from the date on which the Panchayat
Samiti decides the appeal. "; (3)
for sub-section (6), the
following shall be substituted, namely:-- " (6) If at any time it
appears to the State Government on complaint made or otherwise, that any tax or
fee leviable by a panchayat is unfair in its incidence, or that the levy
thereof, or any part thereof is obnoxious to the interests of the general
public or violates any promises made or undertakings given by the State
Government or adversely affects the development of the village or any part
thereof, the State Government may require the said panchayat, within such
period as it fixes in this behalf, to take measures for removing any objection
which appears to it to exist to the said tax or fee. If, within the period so
fixed, such requirement is not carried into effect to the satisfaction of the
State Government, the State Government may, after giving the panchayat an
opportunity to give an explanation, by notification in the Official Gazette,
suspend the levy of such tax or fee, or such part thereof, until such time as
the objection thereto is removed.". In section 127 of the principal Act,-- (1)
in sub-section (4), for
the words " the date on and from which the increase in the rate shall take
effect " the following shall be substituted, namely:-- " the date on which the
increase in the rate shall take effect and the period (not exceeding ten years)
during which it shall continue "; (2)
in sub-section (5), for
the figures " 148 " the figures "147" shall be substituted. After section 127 of the principal Act, the following new section
shall be inserted, namely:-- "127A. Suspension
or remission of cesses. The State Government may, on the application of a panchayat to
which the cess is payable, suspend or remit the collection of cess or any
portion thereof in any year in any area subject to the jurisdiction of such
panchayat.". In section 128 of the principal Act, in sub-section (2), for the
word "Commissioner", at both the places where it occurs, the words
" Standing Committee ", and for the word "he" the word
" it ", shall be substituted. In section 129 of the principal Act, in sub-section (8), after the
words " such inquiry as he thinks fit" the words "and after
ascertaining that three years from the date when the same has become
recoverable have not elapsed " shall be inserted. In section 130 of the principal Act, the second proviso shall be
deleted. In section 131 of the principal Act, for the words " each
year " the words " each financial year " shall be substituted. In section 132A of the principal Act, in sub-section (2), for the
word " year " the words " financial year " shall be
substituted. In section 135 of the principal Act, in the marginal note, for the
words " Panchayat Mandal " the words " Zilla Parishads and
Panchayat Samitis " shall be substituted. In section 139 of the principal Act, after the word
"Chairman" the words " or Block Development Officer " shall
be inserted. After section 139 of the principal Act, the following new sections
shall be inserted, namely:-- "139A. Power of
authorised officer or person to inspect and give technical guidance, etc. If for the purpose of efficient and economical execution or
maintenance of any works or development schemes undertaken by a panchayat, an
officer or person authorised by general or special order of the Zilla Parishad
considers it necessary for that purpose to give technical guidance or
assistance to the panchayat then the officer or person so authorised may
periodically inspect such works or development scheme, and may give such
guidance, assistance or advice as he thinks necessary in relation to such works
or development schemes; and shall forward to the Sarpanch through the Block
Development Officer, a report on the inspection made, pointing out therein any
irregularities noticed, and his suggestions for improvement. 139B. Power of Chief
Executive Officer or any officer to inspect office of panchayat. The Chief Executive Officer or any officer not below the rank of
an Extension Officer duly authorised by him in writing in this behalf may enter
the office of any panchayat, and inspect any records, register or other document,
kept therein; and the panchayat shall comply with the inspection notes, if any,
made by the Chief Executive Officer or as the case may be, the officer.". In section 140 of the principal Act,-- (1)
in sub-section (1), for
the words "to the panchayat and the Zilla Parishad and Panchayat Samiti
" the words " to the Collector, the Zilla Parishad, the Panchayat
Samiti and the panchayat" shall be substituted; (2)
in sub-section (3),-- (a)
in clause (a), for the
word "withdraw " the word " drop " shall be substituted; (b)
in clause (b), for the
word " direct " the word " suggest" shall be substituted; (3)
in sub-section (4),-- (a)
for the words " and
shall forward a copy of such report to the panchayat " the words "
and shall forward a copy of such report to the auditor and the panchayat "
shall be substituted; (b)
for the word
"surcharged "the words "surcharged or charged" shall be
substituted; (4)
in sub-section (5),-- (a)
after the words "
surcharge the same on the person making or authorising the making of the
illegal payment, and " the words "may charge against any person
responsible therefor the amount of any deficiency or loss caused by the gross
negligence or misconduct of that person, or, any sum received, which ought to
have been, but is not, brought into account, by that person and" shall be
inserted; (b)
in clauses (a) and (b),
for the word " surcharge" towards " surcharge or charge",
and in clause (b), for the word " surcharged " the words "
surcharged or charged " shall be substituted; (5)
in sub-section (6), for
the word "surcharge" at both places where it occurs, the words "
surcharge or charge " shall be substituted. In section 142 of the principal Act, in sub-section (1), for the
words "is unlawful" the words " is, in the public interest,
unlawful" shall be substituted. In section 143 of the principal Act, in sub-section(2), for the
words "officer in charge of the treasury in which the village fund is
kept" the words " person in whose custody the village fund is kept
" shall be substituted; and for the words "and the officer in charge
of the treasury" the words "and such person" shall be
substituted. In section 144 of the principal Act, in sub-sections (1) and (3),
for the words, brackets and figures "any duty specified in sub-section (1)
of section 45" the words and figures "any duty under section 45"
shall be substituted. In section 145 of the principal Act,-- (1)
in sub-section (1), after
the words and figures " or persistently disobeys any of the orders of the
Standing Committee or Commissioner under section 142 " the following shall
be inserted, namely:-- " or wilfully disregards any
instructions given by the Zilla Parishad or Panchayat Samiti under section 152
or by any competent authority arising out of audit of accounts under this Act
or inspection of the office and work of the panchayat or instructions given or
directions issued by the State Government under section 153A"; (2)
for sub-section (2), the
following shall be substituted, namely:-- " (2) When a panchayat is so
dissolved or superseded, the following consequences shall ensue, that is to
say,-- (a)
all members of the
panchayat shall, in the case of dissolution, as from the date specified in the
order of dissolution, and in the case of supersession, as from the date of the
order of supersession, vacate their office as such members; (b)
all powers and duties of
the panchayat shall, during the period of dissolution or supersession, be
exercised and performed by such person or persons as the State Government may,
from time to time, appoint in that behalf; and (c)
all property vested in the
panchayat shall, during the period of dissolution or supersession, vest in the
State Government."; (3)
for sub-section (4), the
following shall be substituted, namely:-- " (4) On the expiry of the
period of supersession, the panchayat shall be reconstituted in the manner
provided in this Act, and the persons vacating office shall be eligible for
re-election. ". In section 149 of the principal Act, after clause (b), the
following new clause shall be inserted, namely:-- " (c) the member elected by such panchayat on the Nyaya
Panchayat concerned shall cease to be a member thereof. ". In section 150 of the principal Act, in sub-section (1),-- (a)
for the figures and word
" 146 or 149 " the word and figures " or 146 " shall be
substituted; (b)
the following shall be
added at the end, namely:-- " and the person so
appointed shall hold office till a person is duly elected by the reconstituted
panchayat. " After section 151 of the principal Act, the following new section
shall be inserted, namely:-- " 152. Panchayat
to conform to instructions given by Parishad and Samiti, A panchayat shall conform to any instructions that may, from time
to time, be given to it by the Zilla Parishad or the Panchayat Samiti or both,
in the execution by the panchayat of its duties and functions under this Act.
". In section 153 of the principal Act, in the marginal note, for the
words " Panchayat Mandal" the words " State Government "
shall be substituted. After section 153 of the principal Act, the following new section
shall be inserted, namely:-- "153A. Power of
State Government to give instructions and issue of directions to panchayats. The State Government may give to any panchayat general instructions
as to matters of policy to be followed by the panchayat in respect of its
duties or functions, and in particular, it may issue directions in the interest
of the national or State development plans in respect of the execution and
maintenance, of works and development schemes. Upon the issue of such
instructions and directions it shall be the duty of the panchayat to give
effect to such instructions and directions.". Section, 154 of the principal Act shall be renumbered as
sub-section (1) of that section, and? (i)
after sub-section (2) so
renumbered, the following new sub-section shall be added, namely:-- " (2) In all matters
connected with this Act, the State Government shall have and exercise the same
authority and control over the Zilla Parishad and the Panchayat Samiti as it
has and exercises over them under the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961 (Mah. of 1962)."; (ii)
for the marginal note, the
following shall be substituted, namely:-- " Authority of State
Government, Commissioners and Collectors. " In section 166 of the principal Act, in sub-section (1), the
following proviso shall be added, namely:-- " Provided that, when a complaint is made under section 168,
no auction shall be held until the complaint is examined and disposed of as
provided by that section.". After section 168 of the principal Act, the following new sections
shall be inserted, namely:-- " 168
A. Security in respect of impounded cattle. (1)
In any local area within
the jurisdiction of a panchayat to which the State Government may, by
notification in the Official Gazette, apply this section, every pound keeper
shall, before releasing any impounded cattle, require the owner of the
impounded cattle or his agent to make, in the prescribed form, a declaration
regarding the ownership of such cattle and to deposit by way of security such
sum as the State Government may, by rules, prescribe. Different scales may be
prescribed for different areas or different classes of cattle. (2)
If any cattle belonging to
such owner are impounded within a period of six months from the date on which
the security is deposited, and if the seizure is not adjudged illegal, the
amount of deposit or a part thereof, as may be directed by the State Government
by rules made in this behalf, shall stand forfeited to the panchayat. If the
cattle are not impounded as aforesaid, the amount of security deposit shall, on
an application made by or on behalf of the depositor, be refunded to him on the
expiry of that period. (3)
On every occasion on which
the release of the cattle impounded under this Act is claimed, the owner of the
cattle shall deposit a fresh security. 168B. Removal of
cattle to specified places. (1)
If a Mamlatdar, Tahsildar,
Naib-Tahsildar or Mahalkari is satisfied that the crops or grass standing on
any agricultural land or grazing land set apart for the use of cattle of one or
more villages within the jurisdiction of a panchayat are likely to be damaged
by cattle belonging to any persons, (whether or not residents of such village
or villages) who own more than twenty head of cattle, he may, by special or
general order, direct the owner of such cattle to remove or cause to be
removed, within a period specified in the order, all or any of the cattle to
such place or places within the State as may be specified in the order. (2)
If the owner of the cattle
fails to remove the cattle as directed under sub-section (1), the Mamlatdar,
Tahsildar, Naib-Tahsildar or Mahalkari, as the case may be, may direct a police
officer not below the rank of a head constable to remove or cause to be removed
such cattle to the place or places specified in the order. (3)
If the Mamlatdar,
Tahsildar, Naib-Tahsildar or Mahalkari is satisfied that the order issued by
him under sub-section (1) is contravened by any owner or keeper of cattle, he
may impose a fine not exceeding five hundred rupees. Any fine so imposed, may,
on failure of such owner or keeper to pay the same within the specified time,
be recovered by sale of all or any of the Cattle ordered to be removed under
sub-section (1) " In section 170 of the principal Act, for the figures
"163" the figures. " 169 " shall be substituted. In section 176 of the principal Act, in sub-section (2),-- (1)
after clause (ii), the following
new clause shall be inserted, namely:-- "(ii-a) under clause (b) of
sub-section (1) of section 10, prescribing the manner in which the number of
wards and the number of members to be elected from each ward may be
determined;"; (2)
after clause (iv), the
following new clause shall be inserted, namely:-- " (iv-a) under section 32-A,
prescribing the travelling and daily allowances to be paid to the members of
the panchayat including its Sarpanch and Upa-Sarpanch;"; (3)
after clause (v), the
following new clause shall be inserted, namely:-- "(v-a) under sub-section (3)
of section 34, prescribing the manner in which the notice of resignation shall
be delivered; "; (4)
after clause (viii), the
following new clause shall be inserted, namely:-- " (viii-a) under sub-clause
(f) of clause (i) of sub-section (2) of section 38, prescribing the manner in
which the receipts may be issued; "; (5)
in clause (x), for the
words, figures, brackets and letter " under section 45 (1) II (p) "
the words and figures "under entry 44 of Schedule I" shall be
substituted; (6)
in clause (xi), for the
words, figures, brackets and letter "under section 46 (1) IV (a) "
the words and figures " under entry 50 of Schedule I " shall be
substituted; (7)
after clause (xii), the
following new clause shall be inserted, namely:-- " (xii-a) under sub-section
(1) of section 56, for the purposes of vesting property of the Zilla Parishad
or Panchayat Samiti in a, panchayat; and under subsection (3) of the said
section, for the purpose of vesting work in a panchayat;"; (8)
after clause (xv), the
following new clause shall be inserted, namely:-- " (xv-a) under section 61,
prescribing the rules regulating the terms and conditions of service of
servants referred to therein; "; (9)
in clause (xvii), for the
words " prescribing the manner of election of members to constitute the
Nyaya Panchayat; and " the words " prescribing the manner of election
of members to constitute the Nyaya Panchayat, under sub-section (2B)
prescribing educational test for person eligible for election or nomination as
a member of the Nyaya Panchayat; and " shall be substituted; (10)
after clause (xxiv), the
following new clause shall be inserted, namely:-- " (xxiv-a) under sub-section
(1) of section 114, the manner in which the power of distraint and sale shall
be exercised; "; (11)
clause (xxv) shall be
deleted; (12)
in clause (xxxix), for the
words "Zilla Parishad" the words "Zilla Parishad and Panchayat
Samiti " shall be substituted; (13)
after clause (xliii), the
following new clause shall be inserted, namely:-- " (xliii-a) under section
168A, prescribing the form of, and the procedure relating to the declaration,
and the scales of deposits to be made;". In section 179 of the principal Act, in sub-section (1), for the
words " on the expiry of his term of office or after his removal "
the words " on his vacating or ceasing to hold, his office for any reason
whatsoever," shall be substituted. After section 184 A of the principal Act, the following new
section shall be inserted, namely:-- " 184 B. Powers
of police officers. It shall be the duty of every police officer to give immediate
information to the panchayat or Nyaya Panchayat of any offence committed
against this Act or the rules or bye-laws made thereunder, and to assist the
panchayat or Nyaya Panchayat in the exercise of its lawful authority.". In section 186 of the principal Act, after sub-section (6), the
following shall be inserted, namely:-- " (6A) the unexpended balance of the Nyaya Panchayat Fund
administered by the Nyaya Panchayats constituted by or for the old panchayats
shall vest in the State Government.". Before Schedule II to the principal Act, the following Schedule
shall be inserted, namely:-- " SCHEDULE I (Village List) (See section 45) Subjects of Activities (including Development Activities)
Agriculture. 1.
Making arrangement for
co-operative management of lands and other resources in village, organisation
of collective co-operative farming. 2.
Improvement of agriculture
(including provision of implements and stores) and establishment of model
agricultural farms. 3.
Bringing under cultivation
waste and fallow lands vested by Government in the panchayat. 4.
Reclamation of waste land
and bringing waste land under cultivation with the previous permission of the
State Government. 5.
Establishment and
maintenance of nurseries for production of improved seeds and encouraging their
use. 6.
Crop experiments. 7.
Crop protection. 8.
Ensuring conservation of
manurial resources, preparing compost and sale of manure. 9.
Securing minimum standards
of cultivation in the village with a view to increasing agricultural
production. 10.
Assistance in the
implementation of land reform schemes. 11.
Establishment of
granaries. Animal Husbandry. 12.
Improvement of cattle and
cattle breeding and general care of livestock. Forests. 13.
Raising, preservation,
improvement and regulation of the use of village forests and grazing lands
including lands assigned under section 28 of the Indian Forest Act, 1927. Social Welfare. 14.
Relief of the crippled,
destitute and the sick. 15.
Promotion of social and
moral welfare of the village including promotion of prohibition, the removal of
untouchability, amelioration of the condition of backward classes, eradication
of corruption and the discouragement of gambling and useless litigation. 16.
Women's and Childrens'
organisations and welfare. Education. 17.
Spread of education. 18.
Other educational and
cultural objects. 19.
Provision of equipment and
playgrounds for schools. 20.
Adult literacy centres,
libraries and reading rooms. 21.
Rural Insurance. Medical and Public Health. 22.
Providing medical relief. 23.
Maternity and child
welfare. 24.
Preservation and
improvement of public health. 25.
Taking of measures to
prevent outbreak, spread or recurrence of any infectious disease. 26.
Encouragement of human and
animal vaccination. 27.
Regulation by licencing or
otherwise of tea, coffee and milk shops. 28.
Construction and
maintenance or control of slaughter houses. 29.
Cleansing of public roads,
drains, bunds, tanks and wells (other than tanks and wells used for irrigation)
and other public places or works. 30.
Reclaiming of unhealthy
localities. 31.
Removal of rubbish heaps,
jungle growth, prickly pear, filling in of disused wells, insanitary ponds,
pools, ditches, pits or hollows, prevention of water logging in irrigated areas
and other improvement of sanitary conditions. 32.
Construction and
maintenance of public latrines. 33.
Sanitation, conservancy,
prevention and abatement of nuisance and disposal of unclaimed corpses and
carcasses of dead animals. 34.
Supply of water for
domestic use and for cattle. 35.
Excavation, cleansing and
maintenance of ponds for the supply of water to animals. 36.
Management and control of
bathing or washing ghats which are not managed by any authority. 37.
Provision, maintenance and
regulation of burning and burial grounds. Buildings and Communications. 38.
Maintenance and regulation
of the use of public buildings, tanks and wells (other than tanks and wells
used for irrigation) vesting in or under the control of the panchayat. 39.
Removal of obstruction and
projections in public streets or places and in sites, not being private
property, which are open to the public whether such sites are vested in the
panchayat or belong to Government. 40.
Construction, maintenance
and repair of public roads, drains, bunds and bridges: Provided that, if the roads,
drains, bunds and bridges vest in any other public authority such works shall
not be undertaken without the consent of that authority. 41.
Planting of trees along
roads, in market places and other public places and their maintenance and
preservation. 42.
Provision and maintenance
of play-grounds, public parks and camping grounds. 43.
Construction and
maintenance of dharmashalas. 44.
Extension of village sites
and regulation of buildings in accordance with such principles as may be
prescribed. 45.
Lighting of the village. Irrigation. 46.
Minor irrigation. Industries and Cottage Industries. 47.
Promotion, improvement and
encouragement of cottage and village industries. Co-operation. 48.
Organisation of credit
societies and multipurpose co-operative societies. 49.
Promotion of co-operative
farming. Self Defence and Village Defence. 50.
Watch and Ward of the
village: Provided that the cost of watch
and ward shall be levied and recovered by the panchayat from such person in the
village, and in such manner, as may be prescribed. 51.
Village Volunteer Force
and Defence Labour Bank. 52.
Rendering assistance in
extinguishing fires and protecting life and property when fire occurs. 53.
Regulating, checking and
abating of offensive or dangerous trades or practices. General Administration. 54.
Preparation, maintenance
and upkeep of panchayat records. 55.
Numbering of premises. 56.
Registration of births,
deaths and marriages in such manner and in such form as may be laid down by
Government by general or special order in this behalf. 57.
Collection of land revenue
to the extent provided under section 169. 58.
Maintenance of village
records relating to land revenue in such manner and in such form as may be
prescribed from time to time by or under any law relating to land revenue. 59.
Preparation of plans for
the development of the village. 60.
Drawing up of programmes
for increasing the output of agriculture and non-agricultural produce in the
village. 61.
Preparation of the
statement showing requirement of supplies and finances needed for carrying out
rural development schemes. 62.
Establishment, control and
management of cattle pounds. 63.
Destruction of stray and
ownerless dogs and pigs. 64.
Disposal of unclaimed
cattle. 65.
Construction and
maintenance of houses for the conservancy staff of the panchayat. 66.
Reporting to proper
authorities village complaints which are not removable by the panchayat. 67.
Making surveys. General Administration--contd. 68.
Acting as a channel
through which assistance given by the Central or State Government for any
purpose reaches the village. 69.
Establishment, maintenance
and regulation of fairs, pilgrimages and festivals. 70.
Establishment and
maintenance of markets provided no markets shall be established without prior
permission of the Zilla Parishad. 71.
Control of fairs, bazars,
tonga stands and cart stands. 72.
Establishment and
maintenance of warehouses. 73.
Establishment and
maintenance of works or the provision of employment in times of scarcity. 74.
Preparation of statistics
of unemployment. 75.
Assistance to the
residents when any natural calamity occurs. 76.
Organising voluntary
labour for community works and works for the uplift of the village. 77.
Opening fair price shops. 78.
Control of cattle stands,
threshing floors, grazing grounds and community lands.".
Preamble
- THE BOMBAY VILLAGE PANCHAYATS (AMENDMENT) ACT, 1965PREAMBLE