(General) Rules, 1997-English - Panchyati Raj Department
(General) Rules, 1997-English - Panchyati Raj Department
(General) Rules, 1997-English - Panchyati Raj Department
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37. Publication of general orders under section 13 of the Act.-(1) The Gram Panchayat shall pass in its meeting a resolution of its intentionto enforce all or any of the provisions of clause(a) to (s) of section 13. Thenotice containing the contents of the resolution passed by the Panchayat shallbe displayed on the notice board of the Gram Panchayat and at some otherconspicuous places in the Gram Sabha area for inviting objections andsuggestions from the inhabitants of the Panchayat area within fifteen days.After the expiry of the time limit of fifteen days, specified in the notice, theGram Panchayat shall pass another resolution in its subsequent meeting tomake a final general order, to enforce the provisions of section 13 afterconsidering the objections and suggestions, if any, received in this behalf.The copy of the final general order passed by the Gram Panchayat shall bedisplayed on the notice board of the Gram Panchayat and at some otherconspicuous places in the Gram Sabha area.(2) When a breach of final general order published by a GramPanchayat under sub-rule(1) comes to its notice, the Gram Panchayat shallgive notice, in writing to defaulter with regard to the matter or matters forwhich he or she has committed the breach. The notice shall be signed by thePradhan or Up-Pradhan or any other member of the Gram Panchayatauthorised by it in this behalf. The notice shall be in duplicate and it shall beserved on the person concerned through the Panchayat Chowkidar. Theperson to whom the notice is tendered shall acknowledge receipt thereof inwriting and either sign it or put his thumb mark on it. In case he refuses toaccept the notice or evades the service thereof, the same shall be affixed atconspicuous place at his residence and the facts shall be noted by thePanchayat Chowkidar in the presence of at least two respectable witnesses ofthe locality and the notice shall be returned to the Gram Panchayat.(3) Notice under sub-rule(2) shall contain in detail the nature ofallegations which amount to the breach of a general order issued undersection 13, and shall also indicate the date, time and place when and wherethe defaulter concerned should appear before the Gram Panchayat. If theperson concerned appears before the Gram Panchayat in accordance with thenotice and shows cause against the notice and does not admit the breach inquestion the Gram Panchayat shall take evidence, and if it is satisfied thatthere is no cause of action, no further proceedings shall be taken in the case.If, however, the Gram Panchayat is satisfied, after taking evidence, that abreach has been committed, it shall inflict a penalty on the person concernedunder section 15.(4) If the defaulter does not appear before the Gram Panchayat inaccordance with the notice and it is satisfied that the person concerned isdeliberately evading service of notice of appearance, it may, after taking suchevidence as may be available, proceed against the person concerned undersection 15.38. Prescribed Authority under section 14(1) of the Act.- TheChairman of the Panchayat Samiti having jurisdiction over the Gram Sabha19