Loading...
Do check our products such as, LIBIL: litigation check tool to mitigate legal risk, Patrol: case management tool to monitor and collaborate on cases, and legal research tool to access largest legal database.

PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1978

PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1978

PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1978

Preamble - PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1978

THE PUNJAB GRAM PANCHAYAT (AMENDMENT) ACT, 1978

[Act No. 20 of 1978]

[15th September, 1978]

PREAMBLE

An Act to amend the Punjab Gram Panchayat Act, 1952.

Be it enacted by the Legislature of the State of Punjab in the Twenty-ninth Year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Punjab Gram Panchayat (Amendment) Act, 1978.

 

(2)     It shall be deemed to have come into force on the 14th day of June, 1978.

Section 2 - Amendment of section 1 of Punjab Act 4 of 1953

In the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the principal Act), in section 1, for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) It extends to whole of the State of Punjab.".

Section 3 - Amendment of section 3 of Punjab Act 4 of 1953

In the principal Act, in section 3,--

(i)       after clause (a), the following clause shall be inserted, namely:--

"(aa) 'Block Development and Panchayat Officer' means the Block Development and Panchayat Officer and includes any other officer appointed by the Government to perform all or any of the functions of the Block Development and Panchayat Officer under this Act;";

(ii)      for clause (h), the following clause shall be substituted, namely:--

"(h)? ?'Government' means Government of the State of Punjab;";

(iii)     for clause (i), the following clause shall be substituted, namely:--

"(i) ??'Panch' means a member of a Gram Panchayat whether elected, deemed to be elected, appointed or co-opted under this Act and include; a Sarpanch;";

(iv)    for clause (ii), the following clause shall be substituted, namely:--

"(ii) ??'Panchayat' means a Gram Panchayat;";

(v)      in clause (k), for the words "the jurisdiction of a Gram Panchayat area", the words "a Sabha area" shall be substituted;

 

(vi)    clause (oo) shall be omitted;

 

(vii)   in clause(s), for the words and figures "section 4 of the Code of Criminal Procedure, 1898", the words and figures "section 2 of the Code of Criminal Procedure, 1973" shall be substituted and in the margin of the said clause, the figures and word "V of 1898" shall be omitted.

Section 4 - Amendment of section 4 of Punjab Act 4 of 1953

In the principal Act, in section 4, for sub-section (3), the following sub-section shall be substituted, namely:--

"(3)? ?If whole of the Sabha area is included in an urban estate to which the provisions of the Punjab Municipal Act, 1911, are applicable or in a city, municipality, cantonment or notified area under any law for the time being in force, the Sabha and the Gram Panchayat for that area shall cease to exist and the assets and liabilities of the Gram Panchayat shall be disposed of in the prescribed manner.".

Section 5 - Amendment of section 6 of Punjab Act 4 of 1953

In the principal Act, in section 6,--

(i)       for sub-sections (1), (2), (2A), (2B), (3) and (4), the following subsections shall be substituted, namely:--

"(1) ?Every Sabha shall, in the prescribed manner, erect from amongst its members a Gram Panchayat bearing the name of its Sabha consisting of such number of panches, not being less than five and more than eleven, as the Government may determine taking into account the population of the Sabha area:

Provided that the number so determined shall be exclusive of the number of women Panches deemed to have been elected under sub-section (4) or co-opted under that sub-section.

(2)?? ?Every Cram Panchayat constituted under this section shall be notified by its name in the Official Gazette and it shall, by the name so notified, be a body corporate having perpetual succession and a common seal, and subject to any restriction by or under this Act or under any other law, shall have power to acquire, hold, administer and transfer property moveable or immoveable, and to enter into contracts and shall by the said name sue and be sued.

(3) ??The election shall be held in the prescribed manner by secret ballot and direct vote and the number of candidates determined under sub-section (1) securing the highest number of valid votes shall be deemed to have been duly elected.

(4) ??In every Gram Panchayat there shall be at least two women Panches and if only one woman or no woman is elected as a Panch and the number of unsuccessful contesting women candidates is two or more, then one woman or two women, as the case may be, securing the highest number of valid votes from amongst unsuccessful women candidates shall be deemed to have been elected as Panches:

Provided that if only one woman or no woman is deemed to have been elected then one woman or two women, as the case may be, shall be co-opted by the Gram Panchayat in the prescribed manner from amongst members of the Gram Sabha qualified to be elected as Panch.

(4-A) If the number of Panchcs of a Gram Panchayat determined under sub-section (1) is less than seven and the population of Scheduled Castes in the Sabha area of that Gram Panchayat is five per centum or more of the population of the Sabha area it shall have one Panch belonging to the Scheduled Castes and if the number of Panches of a Gram Panchayat so determined is seven or more and the population of the Scheduled Castes in the Sabha area of such a Gram Panchayat is ten per centum or more of the population of the Sabha area then it shall have two Panches belonging to the Scheduled Castes.

Explanation.--For the purposes of determining the number of Panches belonging to Scheduled Castes under this subsection the latest census report shall be taken into consideration.

(4-B) If the required number of successful candidates does not include one or two Panches, as the case may be, belonging to Scheduled Castes, then one candidate or two candidates, as the case may be, belonging to Scheduled Castes, securing the highest number of valid votes from amongst the Scheduled Castes candidates shall be deemed to have been elected as the last or the last two Panches:

Provided that if the requisite number of Panches belonging to Scheduled Castes as determined under sub-section (4-A) is not elected in the manner given above, the Gram Panchayat shall co-opt the requisite number in the prescribed manner from amongst members of the Gram Sabha belonging to Scheduled Castes qualified to be elected as Panch.

(4-C) As soon as may be after the election of Panches is held the prescribed authority shall call a meeting of the Panches who are elected or deemed to have been elected for the purpose of electing a Sarpanch from amongst themselves.";

(ii)      in sub-section (5),--

 

(a)      for the words "person who is not a member of the Sabha and who", the words "person who" shall be substituted;

 

(b)      for clause (a), the following clause shall be substituted, namely:--

"(a)? ?is not a member of the Sabha or is not qualified to be elected as a member of the Legislative Assembly; or";

(c)      in clause (c), for the words "Government or of the officer to whom Government has delegated its powers of removal,", the words "the Director" shall be substituted;

 

(d)      in clause (e), for the words and figures "Code of Criminal Procedure, 1898", the words and figures "Code of Criminal Procedure, 1973" shall be substituted;

 

(e)      in clause (j), for the words "Gram Panchayat or the Panchayat Samiti", the words "Gram Panchayat, Panchayat Samiti or Zila Parishad" shall be substituted;

 

(f)       in clause (1), for the words "Gram Sabha", wherever occurring, the words "Gram Panchayat" shall be substituted;

 

(g)      in clause (m), for the words "Panchayat property", the words "property belonging to any local authority" shall be substituted;

 

(h)     in clause (n), for the words and figures "the Untouchability Offences Act, 1958", the words and figures "the Protection of Civil Rights Act, 1955" shall be substituted;

 

(i)       after clause (o), the following clause shall be inserted, namely:--

"(p) ?being a Sarpanch or Panch does not attach with his nomination paper a certificate of the Block Development and Panchayat Officer to the effect that he has handed over to the Panchayat Secretary or the officer authorised by the Block Development and Panchayat Officer in this behalf complete charge of the records of the Gram Panchayat and of the cash, if any, with him;";

(j)       the first proviso shall be omitted, and in the second proviso, for the words "provided further that", the words "provided that" shall be substituted.

Section 6 - Omission of section 6-A of Punjab Act 4 of 1953

In the principal Act, section 6-A shall be omitted.

Section 7 - Amendment of section 7 of Punjab Act 4 of 1953

In the principal Act, in section 7,--

(i)       in sub-section (2), the words "or elected representatives of a group of Gram Panchayats," and "or representatives" shall be omitted;

 

(ii)      sub-sections (3) and (4) shall be omitted; and

 

(iii)     in sub-section (5), the words "or an Adalti Panchayat" shall be omitted.

Section 8 - Substitution of section 9 of Punjab Act 4 of 1953

In the principal Act, for section 9, the following section shall be substituted, namely:--

"9. Oath and term of office of Panches and Sarpanch and no confidence motion against Sarpanch

(1)     Before entering upon the duties of his office, a Panch as well as a Sarpanch shall take an oath in the form specified in Schedule IV.

 

(2)     A Sarpanch or a Panch shall hold office for a period of five years:

Provided that an outgoing Sarpanch or a Panch shall, unless Government otherwise directs, continue to hold office until his successor takes oath.

(3)     An application regarding intention to move a motion of no confidence against a Sarpanch may be made to the Block Development and Panchayat Officer by a simple majority of the total number of Panches of the Gram Panchayat concerned:

Provided that no such application shall be made unless a period of two years has elapsed from the date on which the Sarpanch assumed his office.

(4)     The Block Development and Panchayat Officer shall, within a period of fifteen days' of the receipt of application under subsection (3), convene a meeting of the Gram Panchayat, by giving seven clear days' notice, for discussing and taking decision on the no-confidence motion.

 

(5)     If the no-confidence motion is carried in the meeting, which shall be presided over by the Block Development and Panchayat Officer or an officer not below the rank of an Extension Officer authorised by the Block Development and Panchayat Officer in this behalf, by a simple majority of the total number of Panches of the Gram Panchayat concerned, the Sarpanch shall be deemed to have been removed from his office, whereupon a new Sarpanch shall be elected in that very meeting:

Provided that if the no-confidence motion is lost, another such motion shall not be moved against that Sarpanch during the remaining term of his office.".

Section 9 - Substitution of section 10 of Punjab Act 4 of 1953

In the principal Act, for section 10, the following section shall be substituted, namely:--

"10. Filling of casual vacancies.

(1)     Whenever a vacancy occurs by death, resignation or removal of?

 

(a)      a Sarpanch, a new Sarpanch shall be elected in the manner prescribed;

 

(b)      a Panch, the vacancy shall be filled up by the Gram Panchayat by co-option in the prescribed manner from amongst the members of the Sabha who are eligible to be elected as Panches:

Provided that where a vacancy occurs as a result of the election or co-option of a Panch having been set aside under section 13-O the vacancy shall be filled by election or co-option, as the case may be, in the prescribed manner.

(2)     Any person elected or co-opted to fill a casual vacancy shall be elected or co-opted to serve for the remainder of his predecessor's term of office.".

Section 10 - Amendment of section 11 of Punjab Act 4 of 1953

In the principal Act, in section 11, sub-section (2) shall be omitted.

 

Section 11 - Amendment of section 12 of Punjab Act 4 of 1953

In the principal Act, in section 12,--

(i)       in sub-section (1-A), for the words "from the date on which", the words "from the last day of the month in which" shall be substituted;

 

(ii)      for the proviso to sub-section (5), the following proviso shall be substituted, namely:--

"Provided that in the case of an adjourned Sawani or Hari meeting the quorum shall be one-tenth and the provisions of this subsection shall not apply to any other meeting of the Sabha held due to adjournment for want of quorum.".

Section 12 - Substitution of section 13 of Punjab Act 4 of 1953

In the principal Act, for section 13, the following section shall be substituted, namely:--

"13. Budget and annual report

The Gram Panchayat shall prepare and lay for approval before the Sabha,--

(i)       at its Sawani meeting a budget estimate of its income and expenditure and a plan of Development Programme for the year commencing on the first day of April next following; and

 

(ii)      at its Hari meeting an annual statement of accounts and an annual report of progress:

Provided that if a Gram Panchayat fails to present its budget or plan of Development Programme in the Sawani meeting, the Panchayat Samiti shall prepare the budget and the said plan for such Gram Panchayat and present the same before an extraordinary general meeting of the Sabha specially called for this purpose and the Sabha shall consider the budget and the plan so prepared and presented.".

Section 13 - Amendment of section 13-A of Punjab Act 4 of 1953

In the principal Act, in section 13-A, for clause (e), the following clause shall be substituted, namely:--

"(e) ?'election' means the election of a Sarpanch or Panch and for the purposes of election disputes includes the co-option of a Panch;".

Section 14 - Amendment of section 13-B of Punjab Act 4 of 1953

In the principal Act, in section 13-B, the words "Naib-Sarpanch" shall be omitted.

Section 15 - Amendment of section 13-C of Punjab Act 4 of 1953

In the principal Act, in section 13-C,--

(i)       for sub-section (1), the following sub-section shall be substituted, namely:--

"(1) ??Any member of the Sabha may, on furnishing the prescribed security, present an election petition in writing on any one or more of the grounds specified in sub-section (1) of section 13-O to the prescribed authority in the prescribed manner, within thirty days of the date of announcement of the result, against the election of any person as a Panch or Sarpanch.";

(ii)      sub-section (3) shall be omitted.

Section 16 - Amendment of section 13-O of Punjab Act 4 of 1953

In the principal Act, in section 13-O, for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) ?A fresh election shall be held when an election has been set aside under sub-section (1), unless the prescribed authority has declared the petitioner or any other candidate having been duly elected.".

Section 17 - Omission of section 13-S of Punjab Act 4 of 1953

In the principal Act, section 13-S shall be omitted.

Section 18 - Amendment of section 14 of Punjab Act 4 of 1953

In the principal Act, in section 14, in sub-section (1), for the words "at some place within the Gram Panchayat area", the words "at some public place within the Sabha area" shall be substituted.

Section 19 - Substitution of sections 15 and 16 of Punjab Act 4 of 1953

In the principal Act, for sections 15 and 16, the following sections shall be substituted, namely:--

"15. Custody and maintenance of Panchayat records and other properties

(1)     The Sarpanch and in his absence the Panch authorised by the Gram Panchayat or by the Block Development and Panchayat Officer in this behalf shall be responsible for the custody of the moveable property of the Gram Panchayat and such of its records as may be prescribed and the immoveable property belonging to or vested in the Gram Panchayat shall also remain in his charge, and the Panchayat Secretary shall be responsible for the custody of the other records of the Gram Panchayat and he shall also maintain up-to-date all the records of the Gram Panchayat whether in his custody or in the custody of the Sarpanch or the Panch referred to above:

Provided that--

(i)       the Sarpanch or the Panch, as the case may be, shall, before filing his nomination paper for election as Panch, hand over complete charge of such records and property to the Panchayat Secretary or the person authorised by the Block Development and Panchayat Officer in this behalf and shall also do so immediately on the vacation of his office due to any cause whatsoever, and

 

(ii)      any person having in his custody or charge such records or property on the date of commencement of the Punjab Gram Panchayat (Amendment) Ordinance, 1978, shall hand over the same to the Panchayat Secretary or the officer authorised by the Block Development and Panchayat Officer in this behalf within a period of fifteen days of the date of such commencement.

 

(2)     If any person fails to hand over such records or property in the manner and within the period specified under sub-section (1), the Block Development and Panchayat Officer may apply to an Executive Magistrate within whose jurisdiction the Sabha area is situated for securing from such person such records or property, as the case may be.

 

(3)     On receipt of an application under sub-section (2), the Magistrate may, by an order, authorise any police officer not below the rank of a Sub-Inspector to enter and search any place where such records or property are kept or are believed to be kept, and to seize them; and the records and property so seized shall be handed over as soon as possible to the Panchayat Secretary.

 

(4)     Notwithstanding anything contained in this Act, whoever in contravention of the provisions of this section, wilfully evades the handing over of such records or property shall, on conviction by a Judicial Magistrate of the 1st Class, be punishable with imprisonment of either description which may extend to three years or with fine or with both.

16. Constitution of Panchayat Secretaries Service

(1)     Notwithstanding anything contained in this Act, the Government may, by notification, constitute, in the prescribed manner, the Punjab Panchayat Secretaries Service (hereinafter referred to as the Service).

 

(2)     The Government may make rules for regulating the recruitment, salaries, allowances and other conditions of service of members of the Service.

 

(3)     The salary, allowances, gratuity, annuity, pension and other payments required to be made to members of the Service in accordance with the conditions of their service shall be charged upon the Samiti Fund and the Panchayat Samiti may, for making these payments, levy contributions from the Gram Funds of the concerned Gram Panchayats in such proportion as may be fixed by it keeping in view the quantum of work, financial resources and other relevant factors in the case of each Gram Panchayat.

 

(4)     Creation of posts of Panchayat Secretaries in the Service and appointment of persons thereto shall be made by the Government or by an authority empowered by it in this behalf, and every such Panchayat Secretary shall be deemed to be an employee of the Panchayat Samiti in whose jurisdiction he may be serving for the time being.

 

(5)     Any person, who, immediately before the issue of a notification under sub-section (1), is serving as Secretary of a Gram Panchayat or group of Gram Panchayats, shall, on the issue of such notification become a member of the Service, if he is found fit by an authority appointed by the Government in this behalf for becoming such member:

Provided that his terms and conditions of Service in so far as they relate to remuneration, gratuity and provident fund shall not be varied to his disadvantage on his becoming a member of the Service:

Provided further that any such person may, by notice in writing given to the Government, within a period of thirty days of the constitution of the Service, intimate his intention of not becoming a member of such Service and where such an intimation is given that person will not become a member of the Service and will continue to be governed by the same terms and conditions of Service as were applicable to him immediately before the constitution of the Service.

(6)     In the case of a person who is not found fit under sub-section (5) for becoming a member of the Service, the post on which he is serving shall be deemed to have been abolished as and when such a decision is taken.".

Section 20 - Amendment of section 19 of Punjab Act 4 of 1953

In the principal Act, in section 19, in sub-section (1), in clause (w), for the word "planning", the word "planting" shall be substituted.

Section 21 - Amendment of section 22 of Punjab Act 4 of 1953

In the principal Act, in section 22, after clause (s), the following clause shall be inserted, namely:--

"(t) ?prohibit the playing of obscene gramophone records.".

Section 22 - Amendment of section 39 of Punjab Act 4 of 1953

In the principal Act, in section 39,--

(i)       the words "and every Adalti Panchayat" shall be omitted; and

 

(ii)      in clause (1), for the word "Panchayats", the word "Panchayat" shall be substituted.

Section 23 - Amendment of section 40 of Punjab Act 4 of 1953

In the principal Act, in section 40, in sub-section (1), for the words and figures "sections 179 to 182 of the Code of Criminal Procedure, 1898", the words and figures "sections 178 to 181 of the Code of Criminal Procedure, 1973", shall be substituted.

Section 24 - Amendment of section 43 of Punjab Act 4 of 1953

In the principal Act, in section 43, in sub-section (1), the words "to the Naib Sarpanch, and in the absence of both," shall be omitted.

Section 25 - Amendment of section 50 of Punjab Act 4 of 1953

In the principal Act, in section 50, for the words and figures "or section 562 or 565 of the Code of Criminal Procedure, 1898", the words and figures "or section 356 or 360 of the Code of Criminal Procedure, 1973", shall be substituted.

Section 26 - Amendment of section 52 of Punjab Act 4 of 1953

In the principal Act, in section 52, for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) ?The pecuniary limits of jurisdiction of a Panchayat with enhanced powers shall be one thousand rupees in respect of suits falling under clauses (a), (b) and (c) of sub-section (1) and five hundred rupees in respect of suits falling under clause (d) of the said sub-section and pecuniary limits of jurisdiction of other Panchayats shall be five hundred rupees in respect of all suits falling under the aforesaid sub-section.".

Section 27 - Amendment of section 55 of Punjab Act 4 of 1953

In the principal Act, in section 55,--

(i)       in the margin, the words and figures "Punjab Act V of 1939" shall be omitted; and

 

(ii)      in clause (c), for the words and figures "Punjab Agricultural Produce Markets Act, 1939", the words and figures "Punjab Agricultural Produce Markets Act, 1961" shall be substituted.

Section 28 - Amendment of section 66 of Punjab Act 4 of 1953

In the principal Act, in section 66, in sub-section (1),--

(i)       in the margin, the figures and word "V of 1898" shall be omitted;

 

(ii)      for the words and figures "the Code of Criminal Procedure, 1898", the words and figures "the Code of Criminal Procedure, 1973" shall be substituted.

Section 29 - Amendment of section 68 of Punjab Act 4 of 1953

In the principal Act, in section 68,--

(i)       in the margin, the figures and word "X of 1873" shall be omitted; and

 

(ii)      in sub-section (2), for the words and figures "sections 8 to 11 of the Indian Oaths Act, 1873", the words and figures "provisions of the Oaths Act, 1969" shall be substituted.

Section 30 - Amendment of section 77 of Punjab Act 4 of 1953

In the principal Act, in section 77, in sub-section (2), for the words and figures "section 403 of the Criminal Procedure Code, 1898" the words and figures "section 300 of the Code of Criminal Procedure, 1973" shall be substituted.

Section 31 - Substitution of section 79 of Punjab Act 4 of 1953

In the principal Act, for section 79, the following section shall, be substituted, namely:--

"79. Contempt of Court

(1)     The provisions of sections 345 and 346 of the Code of Criminal Procedure, 1973, shall apply to judicial proceedings under this Act:

Provided that the fine imposed for contempt of court shall not exceed one hundred rupees.

(2)     The provisions of sections 299, 452 and 456 of the Code of Criminal Procedure, 1973, shall apply to criminal proceedings before a Panchayat and if the order made by a Panchayat in relation to sections 452 and 456 of said Code is not complied with, the Panchayat shall forward the same to the nearest Judicial Magistrate who shall proceed to execute it as if it were an order passed by himself.".

Section 32 - Amendment of section 81 of Punjab Act 4 of 1953

In the principal Act, in section 81,--

(i)       in sub-section (1), in clause (f), for the word "Sabha", the words "Gram Panchayat" shall be substituted; and

 

(ii)      for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) ?The Government shall every year assign to every Panchayat a portion of the land revenue not being less than forty per centum of the total annual land revenue realizable within the limits of the Sabha area which shall be credited to the Gram Fund.".

Section 33 - Amendment of section 84 of Punjab Act 4 of 1953

In the principal Act, in section 84, the words "and those of the Adalti Panchayat on the funds of the Gram Panchayats concerned in such proportion as may be determined by the prescribed authority" shall be omitted.

Section 34 - substitution of section 95-A of Punjab Act 4 of 1953

In the principal Act, for section 95-A, the following section shall be substituted, namely:--

"95-A. Power of Government to direct holding of general elections

(1)     Notwithstanding anything contained in this Act or the rules made thereunder, the Government may, by notification, direct that a general election of the Panches of all the Gram Panchayats shall be held, and, where necessary, co-option of Panches shall be made by such date as may be specified in the notification and different dates may be specified for election and co-option and for different Gram Panchayats or groups thereof.

 

(2)     As soon as a notification is issued under sub-section (1), the Deputy Commissioner and all other authorities concerned shall take necessary steps for such election and co-option under and in accordance with the provisions of this Act and the rules made thereunder.

 

(3)     The power of issuing a direction under sub-section (1) may be exercised by the Government from time to time so that a period of not less than five years shall intervene between any two consecutive general elections and the direction may include such Gram Panchayats the elections whereof were held at any time after the general elections due to any reason whatsoever even if the period of five years has not intervened.".

Section 35 - Amendment of section 101 of Punjab Act 4 of 1953

In the principal Act, in section 101, in sub-section (2),--

(i)       in clause (b), the words "or Adalti Panchayat" shall be omitted;

 

(ii)      for clause (c), the following clause shall be substituted, namely:--

"(c)? regulating the procedure of election, co-option, suspension or removal of the office holders of the Gram Panchayat;"; and

(iii)     for clause (i), the following clause shall be substituted, namely:--

"(i)? ?regulating the procedure of Collector or Deputy Commissioner or Director or Deputy Director of Panchayats or of District or Block Development and Panchayat Officer while acting under this Act;".

Section 36 - Amendment of section 102 of Punjab Act 4 of 1953

In the principal Act, in section 102,--

(i)       in sub-section (1), for clause (c), the following clauses shall be substituted, namely:--

"(c) ?who, being a Sarpanch, without reasonable cause, fails to hold meetings of the Gram Panchayat as required under subsection (1) of section 14 for a period of two consecutive months;

(cc) ?who, without reasonable cause, absents himself for more than two consecutive months from the meetings of the Gram Panchayat; or";

(ii)      in sub-section (5), for the words and figures "the person elected or authorised in the manner provided in section 15", the words and figures "the Panch authorised by the Block Development and Panchayat Officer under section 15" shall be substituted.

Section 37 - Insertion of new section 102-A in Punjab Act 4 of 1953

In the principal Act, after section 102, the following section shall be inserted, namely:--

"102-A. Cessation from office of Panch

(1)     In case a Panch fails to deposit the amount assessed to be due from him under section 105 within a period of sixty days from the date on which it is finally determined such Panch shall cease to hold his office on the day immediately following the date on which the period of sixty days expires and on the happening of such an event the Block Development and Panchayat Officer shall intimate the same to the District Development and Panchayat Officer who shall inform the Panchayat Samiti, Gram Panchayat and the person who was holding the office of Panch that he had ceased to hold his office from the aforesaid day.

 

(2)     If any question arises whether a Panch has ceased to hold office under sub-section (1) the same shall be referred to the Deputy Director whose decision shall be final.

 

(3)     In case the Panch shows sufficient cause for the default to the satisfaction of the Director within a period of thirty days of the date on which he was informed about his cessation from the office the Director may by an order reinstate him.".

Section 38 - Amendment of section 103 of Punjab Act 4 of 1953

In the principal Act, in section 103,--

(i)       in sub-section (1),--

 

(a)      the letter and words "a or an Adalti Panchayat" shall be omitted; and

 

(b)      in the proviso, the words "or Adalti Panchayat" shall be omitted; and

 

(ii)      in sub-section (2), in clause (c), the words "or Adalti Panchayat' shall be omitted.

Section 39 - Amendment of section 104 of Punjab Act 4 of 1953

In the principal Act, in section 104, in sub-section (1), between the words "Panch" and "in respect of", the words "and any officer or servant of the Panchayat" shall be inserted.

Section 40 - Amendment of section 105 of Punjab Act 4 of 1953

In the principal Act, in section 105, after sub-section (5), the following sub-section shall be inserted, namely:--

"(6) ?The amount assessed as due from a member may, after his death, be recovered from his legal heirs to the extent of property inherited by them from such member.".

Section 41 - Omission of section 108 of Punjab Act 4 of 1953

In the principal Act, section 108 shall be omitted.

Section 42 - Amendment of section 111 of Punjab Act 4 of 1953

In the principal Act, in section 111, for the letter and words "a Town Committee", the letter and words "a Municipal Corporation" shall be substituted.

Section 43 - Amendment of section 112 of Punjab Act 4 of 1953

In the principal Act, in section 112, in sub-section (1),--

(i)       in clause (a), for the words "Gram Panchayat area", the words "Sabha area" shall be substituted.

 

(ii)      in clause (c), for the words "area under the Gram Panchayat", the words "Sabha area" shall be substituted.

Section 44 - Substitution of section 113 of Punjab Act 4 of 1953

In the principal Act, for section 113, the following section shall be substituted, namely:--

"113. Gram Panchayat to be local authority

For the removal of doubts it is hereby declared that a Gram Panchayat is a local authority for the purposes of any law for the time being in force.".

Section 45 - Amendment of Schedule 1-A of Punjab Act 4 of 1953

In the principal Act, in Schedule 1-A,--

(i)       in item (a) (iv), for the words, figures and brackets "Criminal Procedure Code, 1898 (V of 1898)", the words and figures "Code of Criminal Procedure, 1973" shall be substituted;

 

(ii)      for items (d) and (f) and entries relating thereto, the following items and entries shall be substituted, respectively, namely:--

Offence

Section

"(d) Under the Punjab Primary Education Act, 1960 (Punjab Act 39 of 1960)--

Failure to comply with an attendance order passed under section 9 ..

13

Penalty for contravening the provisions of section 10 ..

14

(f) Under the Punjab Weights and Measures (Enforcement) Act, 1958 (Punjab Act 22 of 1958)--

 

Penalty for fraudulent use of weights or measures, etc.

29

Penalty for making or selling false weights or measures, etc. ..

31".

 

Section 46 - Repeal and saving

(1)     The Punjab Gram Panchayat (Amendment) Ordinance, 1978 (Punjab Ordinance No. 8 of 1978), is hereby repealed.

 

(2)     Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.