(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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(j)(k)any other facts which the reporting Panchayat considersmaterial, for example, whether there are any special reasons forthe institution of the suit, apart from the amount actuallyclaimed; whether other similar claims will hinge upon itsdecision ; andthe amount required for stamp and other expenses is availableor not.(6) Copies of all available documents referred to in the report or thedocuments in original shall accompany the case submitted bythe respective Panchayats.112. Duty of Panchayats in cases of disputes.- (1) When any personthreatens to bring any suit against the Panchayat, it is incumbent on theSecretary in case of Gram Panchayat or Executive Officer concerned in caseof Panchayat Samiti or Secretary in case of Zila Parishad as the case may be,in consultation with the Pradhan of Gram Panchayat or Chairman ofPanchayat Samiti or Zila Parishad, as the case may be, to satisfy themselveswithout delay of justice or otherwise of the whole or any part of the claimmade and all reasonable efforts shall be made to bring about an amicablesettlement, without resort to proceedings in a Court, so far as this can bedone without sacrificing the just right of the concerned Panchayats.(2) The Secretary of the Gram Panchayat or Executive Officer of thePanchayat Samiti or Secretary of the Zila Parishad, as the case may be, shallimmediately on receiving any notice of an intended suit, proceed to inquireinto the matter and consider the claim put forward and decide or move theproper authority to decide whether any, and if so what, steps should be takento adjust the claim, whether in whole or part or whether the claimant shouldbe left to take such legal action as he may deem proper.(3) When notice of the intention of any person to sue the Panchayat orany of its officer has been received, no communication should ordinarily bemade to such person otherwise than under legal advice of Assistant DistrictAttorney in case of Gram Panchayats and Panchayat Samitis and DistrictAttorney in case of Zila Parishad or they may engage any other advocatewith the approval of District Panchayat Officer in case of Gram Panchayat,Deputy Commissioner in case of Panchayat Samiti and Director in case ofZila Parishad.(4) When after receiving any notice under sub-rule (3) and inquiringinto the matter, the Secretary and Pradhan of the Gram Panchayat, ExecutiveOfficer and Chairman of the Panchayat Samiti and Secretary of the ZilaParishad, as the case may be, may propose to:-(a) tender any amount admitted to be due to the claimant ;(b) offer terms of adjustment or suggest reference to arbitration ;Legal advice should ordinarily be sought as to the form or terms ofthe proposed tender, adjustment of reference, as the case may be, before they41