 the delhi panchayat raj (amendment) bill, (958(as introduced in lok sabra)  the delhi panchayat raj (amendment) bill, 1958 (as introduced in lok sabra) a billfurther to amend the delhi panchayat raj act, 1954 be it enacted by parliament in the ninth year of the republic of india as follows:-1 this act may be called the delhi panchayat raj (amendment) short title act, 1958 5 2 in section 2 of the delhi panchayat raj act, 19m (hereinafter amendment referred to as the principal act) ,-~~ dc~~~ (i) in clause (11), for the word and figures "section 55", the 3 of 1955· word and figures "section 50" shall be substituted; (ii) in clause (12), for the words "prescribed by this act or 10 rules made thereunder", the words "prescribed by rules ma~e under this act" shall be substituted; (iii) in clause (19), for the words "district judge" in the two places where they occur, the words "additional district magistrate" shall be substituted 15 3 for sections 4, 5 and 6 of the principal act, the following sec- substitution tion shall be substituted namely:-of new sec-, tion for icctioiui  ~ and 6 '4 all persons registered by virtue of the provisions of the member-constitution and of the representation of the people act, 1950, gl~~nojabh8 as voters in so much of the electoral roll for any pc\i"liam~ntary %532 ls-i constituency for the time being in force as relates to a gaon sabha area shall be members of the gaon sabha of that area explanation,-in this section, the expression "parliamentary constituency" has the meaning assigned to it under the representation of the people act, 1950,', amendment of scction 8 4 in section 8 of the principal act, the words ", defect or omission in the enrolment" shall be omitted 5 section 9 of the principal act shall be omitted omission of section 9 amendment of section 6, in section 16 of the principal act, for the words "gaon 16 panchayat's duties", the words "duties of the gaon panchayat" shall 10 be substituted ?e~en~ '7 in section 18 of the principal act, in clause (r), for the words o aectaod i - ucivil justice", the word ujustice" shall be substituted amendme~t 8, in section 30 of the principal act, the words, brackets and figures ~~ section "within the meaning of section 21 of the indian penal code, 1860 15 (act xlv of 1860)" shall be omitted ~ed=~~jn t in section 41 of the principal act, in sub-section (2), for the 41, words, "court fee in any suit or proceeding", the words ucourt fee or fine in any suit, criminal case or proceeding" shall be substituted, :renc::~ 10 in section 42 of the principal act, for the words "as pres- 20 42 cribed", the words "by such person and in such manner as may be prescribed" shall be substituted amrddmenl oflection 44 ,11 in section 44 of the principal act,-(i) in sub-section (1), for the words and figures "group 8 or more contiguous gaon sabha areas covering approximately a 25 population of 5,000 persons into circles", the words ugroup into a circle such number of contiguous gaon sabha areas as the chie'f commissioner or the prescribed authority may deem fit" shall be substituted and shall be deemed always to have been substituted: 30 (ti) in sub-section (3), for the words "every gaon sabha in each circle shall elect a number of adults of pr,scribed qualifications permanently residing within its jurisdiction", the word "every gaon 5abha in e8t:h circle shall elect from amongst its members a number of persons of preseribed qualification" shall be substituted; (iii) in sub-section (4) ,-u of 1955 5 (a) in clause (f), after the word "convicted", the words, brackets and figures "under the untouchability (offences) act, 1955, or" shall be inserted; 10 (b) the proviso shall be omitted   12 in section 45 of the principal act,-amendment of section (i) the brackets and figure" (1)" at the commencement shall 45· be omitted; (ii) for the words "suits and proceedings", the words "suits criminal cases and proceedings" shall be substituted 13 in s'ection 49 of the principal act,-(i) in sub-section (1) ,-amendment of section 49 15 (a) for the words "a panch", the words "a member or panch of a gaon panchayat, circle panchayat or panchayati adalat" shall be substituted; (b) in clause (c), for the words "the circle panchayat", the words "the gaon panchayat or the circle panchayat" 20 shall be substituted; (ii) for sub-section (2), the following sub-section shall be substituted, namely:-"(2) a member or panch removed under sub-section (1) shah not be entitled to re-election as a member or panch for 25 a period of three years and shall cease to be a member of the gaon panchayat or circle panchayat as the case may be"; (iii) in sub-section (3), for the words "a panch" the words "a member or panch" shall be substituted 30 14 in sections 50, 51, 64, 65, 66, 68 and 77 of the principal act, for am f end,ment " 0 sections the words "smt or proceedmg" wherever they occur, the words 50, 51, "suit, criminal case or proceeding" shall be substituted 6648 tdo 66 an 77 15 section 53 of the principal act shall be re-numbered as sub- arn f endmcteint  0 ie on section (1) thereof, and after sub-section (1) as so re-numbered, 53 35 the following sub-section shall be inserted, namely:-"(2) notwithstanding anything contained in the code of 5 of 1898 criminal procedure, 1898, every criminal case instituted under this act shall be instituted before the sarpanch of the circle panchayat of the circle in which the offence is committed" insertion, of 16 after section 53 of the principal act, the following sections new sections s3a to 53j shall be inserted, namely:-"53a (1) the following offences shall be triable by a panchayati adalat:-offences triable by l'ancha~ vati adalats (a) offences under sections 140, 160, 172, 174, 179, 269, s 277, 279, 283, 285, 286, 289, 290, 294, 323, 334, 336, 341,352,356, 357, 358, 374, 379, 403, 411 (where the value of the stolen or misappropriated- property in cases under sections 379, 403 and 411 does not exceed fifty rupees), 426, 428, 430, 431, 447, 448, 504, 506, 509 and 510 of the indian penal code; 10 4s of 1860 delhi act 9 of 19s5 (b) offences under sections 24 and 26 of the cattle trespass act, 1871; 1 of 1871 (c) offences under sections 3, 4, 7 and 12 of the delhi public gambling act, 1955; (d) such other offence under any of the aforesaid enact- is ments or any other enactment punishable with fine only, up to a limit of one hundred rupees as may, by notification in the official gazette, be declared by the chief commissioner to be triable by a panchayati adalat; (e) any offence under this act or any rule made there- 20 under; (f) abetment of any of the foregoing offences; (g) an attempt to commit any of the foregoing offences, when such att~mpt is an offence (2) any criminal case relating to an offence under section 25 143, 145, 151, or 153 of the indian penal code, pending before 4' of 1860 any court may be transferred ,for trial to the panchayati adalat, if in the opinion of such court the offence is not serious (3) the chief commissioner may by ord'er published in 30 the official gazette withdraw from a panchayati adalat the power to try all or any of the offences referred to in clauses (a) to (g) of sub-section (1) enatt es 53b (1) no panch:1y~ ~i adalat shall inflict a substantive sentence of imprisonment 35 (2) a panchayati adalat may impose a fine not exceeding' one hundred rupees but no imprisonment may be awarded in default 01 payment:  provided that no nccused shall be tried for more than three offences in the same criminal case and the fine that may be ~ imposed on one accu~d in a criminal case shall not in aggregate exceeb one hundred rupees the s 53c no panchayati adalat shall try any criminal against a person where such personcase ccrtai n p<:rsons not to be tried (a) has been previously convicted of an offence punish- ~rti panchaable with imprisonment for a term of three years or more; adalat& (b) has been previously fined for theft by any panchayati adalat; (c) has been bound over to be of good behaviour under 10 section 109 or 110 of the code of criminal procedure, 1898; public act (d) has been previously convicted under the gambling act, 1867 or the delhi public gambling 1955; or (e) is a public servant 53d a panchayati adalat may dismiss any complaint il summa after examining the complainant and taking such evidenc€' as dismilss~ of     he may produ~ it is satisfied that the complamt is frivolous comp ami vexatious or untrue 53e in imposing any fine, the panchayati adalat may order compcnsatiny portion or the whole of the fine recovered to be appliedtion to como plamants (a) in defraying the expenses properly incurred in the criminal case by the complainant, (b) in the payment to any person of compensation for any material loss or injury caused by the offence; or (c) in compensating any bona fide purchaser of stolen property for loss of the same where property is restored to the possession of the person entitled thereto 30 53f (1) if in any crimiml case before a panchayati adalat compeniathe accused is acquitted or discharged and the panchayati tion to the adalat is of the opinion that the accusation against him was accused false and either frivolous or vexatious, the panchayati adalat may call upon the complainant forthwith to show cause why he should not pay compensation to the accused 35 (2) if after hearing the complainant, th'e panchayati adalat is satisfied that the accusation was false and either frivolous or vexatious, it may direct that compensation not exceeding twenty-five rupees be paid by the complainant to the accused enquiry in cases forwarded by magistrates 53g notwithstanding anything contained in the code of criminal procedure, 1898, a magistrate may direct an enquiry s of 18911 refurred to in section 202 of that code to be made by a panchayati adalat in a criminal case in which the offence has been committed within the territorial limits of a circle pan- 5 chayat recovery of fines and compensation 53h any fine imposed in a case or compensation ordered to be paid under section 53f by a panchayati adalat shall be recoverable in the manner provided in section 386 of the code of criminal procedure, 1896, but if the panchayati adalat finds 10 5 of 1898 any difficulty in its recovery, it may request the magistrate within whose jurisdiction the panchayati adalat lies to recov'er it as if the sentence of fine or the order directing payment of compensation had been passed by him contempt of panchnyati adalat 531 (1) if any person intentionally offers any insult to a is panchayati adalat or any member thereof, while the panchayati adalat is sitting in any stage of judicial proceedings, in its or his view or presence or refuses to take oath duly administered or sign a statement made by the said person when legally required to do so, the panchayati adalat may at any time 20 before rising on the same day take cognizance of the offence and sentence the offender to a fine not exceeding fiv'e rupees (2) the fine imposed under sub-section (1) shall, for the purposes of section 53h, be deemed to be a fine imposed in a criminal case conviction by the panchayati adalat not a previous conviction 53j no conviction by the panchayati adalat shall be deemed to be a previous conviction for the purposes of section 75 of the indian penal code, or section 562 or 565 of the 45 af 1860 code of criminal procedure, 1696, or section 3 of the probation s of isp8 of offenders act, 1958" 30 aoofz9ss substitution 17 for section 56 of the principal act, the following lect10n <!f new sec- -'-all be substituted namely'-non for u " section 56 extension of jurisdiction by agreementaf partiet "56 notwithstanding anything contained in section 55, parties may by written agreement refer any suit to a circle panchayat for decision by it if the value of such suit does 3' not exceed the pecuniary limits of the appellate jurisdiction of the senior sub-judge and thereupon the circle panchayat ,hall dispose of such suit in accordance with rules made undler thil act" 18 section 62 of the principal act shall be re-numbered as amerdment sub-section (1) thereof, and after sub-section (1) as so re-numbered, °6f8ection 2 the following sub-section shall be inserted, namely:-5 "(2) where a criminal case is pending in any court against an accused in respect of any offence or where an accused has been tried for any otrence, no panchayati adalat shall take cognizance of any such offence or on the same facts, of any other offence of which the accused might have been charged or convicted" 10 19 in section 63 of the principal act,-amcddm,ent ofaectiod 63 (a) for the words "suit or proceeding" wherever they occur, the words "suit, criminal case or proceeding" shall be substituted; (b) for the words "plaintiff or", the words "plaintiff or the complainant or" shall be substituted; and 15 (c) after the words "senior sub-judge", the words "the additional district magistrate" shall be inserted 20 20 for sections 67, 69 and 70 of the principal act, the following substitution sections shall respectively be substituted, namely:-or new s~­nons or sections 67, 69 and 70 "67 (1) if the plaintiff, the complainant or the applicant disposals of fails to appear after having been ~nformed of the ti~e and pla~e ~~it8the e~cb: fixed for hearmg, the panchayatl ada1at may dismiss the suit, bence of the criminal case or proceeding or pass such order as it may deem fit party d concerne  (2) the panchayati adalat may hear and decide the suit or proceeding in the absence of the defendant or opposite party if the summons have been served upon him or if he has been informed of the time and place fixed for hearing 30 69 no legal practitioner shall appear, plead or act on behalf legal praof any party before a panchayati adalat: ctitioner not to appear before pan-provided that a person who is arrested shall have the right chayati to consult and be defended by a legal practitioner of his choice adalal 70 (1) subject to the provisions of section 69, any party to appearance a suit or proceeding may appear before a panchayati adalat ~~ bf: either in person or by such agent duly authorised in writing by presentative him as the panchayati adalat may admit as a tit ~rson to represent him 1532 ls-2 (2) the parties to criminal cases shall appear personally before the panchayati adalat: provided tha t-(a) the panchayati adalat may in any case dispense with the personal attendance of the accused and permit 5 him to appear by his agent duly authorised in writing; (b) the panchayati adalat may in its discretion at any stage of the proceeding direct the personal attendance of the accused (3) no stamp-duty shall be required to be paid for any 10 power of attorney filed under this section" 21 in section 71 of the principal act,-amendmenr of eection 71 (a) for the words "civil or revenue dispute", the words "suit or proceeding" shall be substituted; (b) the following proviso shall be added at the end, name- is ly:-"provided that-(a) in the case of a suit, the value thereof does not exceed the pecuniary limits of the appellate jurisdiction of the senior sub-judge; 20 (b) in the case of a proceeding, the annual land revenue payable on the land involved in such proceeding does not'exceed two hundred rupees" amendment 22 section 72 of the principal act shall be re-numbered as subof section section (1) thereof, ando 72 25 (a) in sub-section (1) as so re-numbered, for the words "suit or proceeding" wherever they occur, the words "suit, criminal case or proceeding" shall be substituted and after the words and fisures "code of civil procedure, 1908,", the words and figures "code of criminal procedure, 1898," shall be inserted; 30 s of 18911 (b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-"(2) nothing in sub-section (1) shall entitle any party to compound any offence, which is not compoundable under the provisions of the code of criminal procedure, 1898, or to 3s 5 of 1898 compound an offence without the permission of the bench concerned, if it is compoundable with permission under the provisions of the said code" 23 in section 74 of the principal act, for the words "suit or pro- am f ~ent  0 section ceeding" wherever they occur, the words "suit, criminal case or pro- 704 ceeding" shall be substituted and after the words "senior sub-judge", the words ", the additional district magistrate" shall be in-s serted amendment z4 in section 75 of the principal act-of section (i) for the words "suit or proceeding" wherever they occur, 7'5· the words "suit, criminal case or proceeding" shall be substituted; and 10 (ii) in sub-section (2), after the words "senior sub-judge", the words ", additional district magistrate" shall be inserted 25 after section 75 of the principal act, shall be inserted, namely:-the following !':ection lnaertion of -new section 7s· "75a if at any time it appears to a panchayati adalat-ji:f~~th! 5  panchayati i (a) that it has no jurisdiction to try any case pendmg adalat before it, (b) that the offence involved is one for which it cannot award adequate punishment, or (c) that the case should otherwise be tried by a court; :w it shall submit the case to the senior sub-judge, the additional district magistrate or the collector, as the case may b~, for transfer to a court of competent jurisdiction and shall give information thereof to the parties concerned" 26 for section 76 of the principal act, the following section shall ~~~s~~u~ew !5 be substituted, namely: -section for section 76 30 "76 the senior sub-judge, additional district magistrate revision or collector according as it is a suit, criminal case or proceeding may, either on his own motion or on the application of any party, call for the record of any case which has been decided by the panchayati adalat and if it appears to him that injustice or material irregularity has occurred, he may make such order in the case as he thinks fit" 35 27 for section 80 of the principal act, the following section shall subltitutioft be substituted namely: _ of new !«de ,  for section 80' "80 a panchayati adalat after an application is made under summons (0 section 64 shall, unless it has been dismissed or otherwise dis- defendant • ed f d h   f or accuse  pos 0 un er t e provisions 0 this act, cause summons in the per~on prescribed form to be served in the pre'scribed manner on the defendant or the accused person or the opposite party, as the case may be, requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the plaintiff or complainant or tht! applicant to attend and produce his evidence at such time and place" 5 ~~:r~'tio~f 28 after section 83 of the principal act, the following section 83a shall be inserted, namely:-suspension of powers "83a the chief commissioner may, by order published in the official gazette, direct that any panchayati adalat shall not exercise all or any of the powers under this act for such period 10 as may be specified in the order and such panchayati adalat shall cease to exercise such powers for the period so specifted" amendment of 8cdion 88 29 in section 88 of the pr'incipal act, in clause (c) of sub-section (2), after the words "senior sub-judge", the words ", the additional district magistrate" shall be inserted and for the words "civil rs and revenue cases", the words "civil, criminal and revenue cases" shall be substituted  statement of objects and reasonsunder the delhi panchayat raj act 1954 (delhi act 3 of 1955), enacted by the delhi vidhan sabha, the gaon panchayats have to be constituted under section 151 of the delhi land reforms act, 1954 but on account of some inconsistency between the provisions of these ads relating to the membership of gaon sabhas which are the electoral bodies for gaon panchayats, the later could not be constituted it is, therefore, proposed to remove the inconsistency by amending section 151 of the delhi land reforms act, 1954 (this is being done by another bill) and making consequential changes in the corresponding provisions of the delhi panchayat raj act, 1954 at present the panchayati adalats have no jurisdiction in respect of criminal cases it is proposed to invest these adalats with criminal jurisdiction in respect of certain minor offences under the indian penal code, the cattle-trespass act, 1871, etc these adalats will have power to impose fine up to a maximum limit of rs 100 but will have no power to pass any sentence of imprisonment the present opportunity is availed of to propose certain amendments mainly of a consequential or clarificatory nature new delhi; g b pant the 6th december, 1958 ctauses 2, 7, 9, 12, 14, 15, 19, 22, 23, 24, 27 and 29,-clau5e 16 of the bill invests the panchayati adalats with criminal jurisdiction in respect of certain minor offences the amendments proposed in these clauses to sections 2, 18, 41, 45, 50, 51, 53, 63, 64, 65, 66, 68 72, 74, 75, 77, 80 and 88 are consequential upon the provisions of clause 16 broadly speaking, the words "suit or proceeding" wherever they occur in the principal act, have been substituted by the words "suit, criminal case or proceeding" and references to "additional district magistrate" and "code of criminal procedure, 1898", have been made wherever necessary sub-section (2) has been added to section 72 to allow the compounding of offences as permitted under the code of criminal procedure, 1898 the expression "district judge" appearing in section 2 (19) nowhere appears in the provisions that follow hence it is proposed to be deleted the change proposed in section 2 (11) seeks to rectify an obvious mistake and the change proposed in section 2 (12) removes a drafting defect clauses 3, 4 and 5-section 4 has to be omitted because of the provisions of the delhi municipal corporation act establishing a corporation for the whole of delhi sections 5 and 6 are redundant in view of the 'provisions of sections 16 and 20 of the representation of the people act, 1950, and have therefore been omitted section 9 also requires to be brought into line with section 151 of the delhi land reforms act, 1954, as proposed to be amended in the delhi land reforms (amendment) bill, 1958 sections 4, 5, 6 and 9 have accordingly been replaced by new section 4 and a consequential amendment has been carried out in section 8  clauses 6, 8 and lo-these clauses contain verbal changesclause ll-section 44 provides for eight or more contiguous gaon sabha areas covering approximately a population of 5,000 being grouped into a circle this provision has given rise to difficulties in actual practice hence it is proposed to amend the section to provide for grouping of convenient number of contiguous gaon sabha areas into a circle as circles not conforming to the population requirement as provided under this section have been formed, retrospective effect is proposed to be given to the amendment under this clause the amendment proposed in sub-section (3) of section 44 is consequential upon the amendments proposed in clause 3 in sub-section (4) a! section 44 conviction under the untouchability (offences) act, 1955, has been added as a disqualification for election or continuance as a panch of the circle panchayat it is not desirable to allow a servant of the government or any local authority to become or remain a member of the circle panchayat hence the proviso has been omitted clause 13-the scope of section 49 is limited to the removal of a panch of a gaon panchayat the amendment proposed in this clause seeks to cover a member or panch of a gaon panchayat, circle panchayat or panchayati adalat clauses 16 and 20-new sections 53a to 53j inserted by clause 16 seek to invest the panchayati adalats with criminal jurisdiction and provide for the procedure for the exercise of that jurisdiction including certain other supplementary matters clause 20 seeks to substitute new sections for sections 67, 69 and 70 to make them applicable to criminal cases as well clauses 17 and 21-under sections 56 and 71, parties may by agreement bring any civil suit or proceeding of any value before the panchayati adalats it is proposed to amend these sections to the effect that jurisdiction can be conferred on panchayati adalats by agreement of parties in respect of civil suits, only if their value does not exceed the pecuniary limits of the appellate jurisdiction of the senior sub-judge, and in respect of revenue proceedings, only if the annual land revenue payable on the land involved in such proceedings does not exceed rs 200 clause lb-it is proposed to add a new sub-section to section 62 in order to prevent anyone being put twice on trial for the same offence clause 25-new section 75a inserted by this clause provides for transfer of cases by the panchayati adalat to a court where the adalat has no jurisdiction or the offence involved is of a serious nature or where it is otherwise considered expedient that the case should be tried by a court clause 26-this clause seeks to extend the scope of section 76 to cover criminal cases as well by the substitution of a new section clause 2b-section b3a has been added to enable the chief commissioner to suspend for specified periods the powers of panchayati adalats section 49 read with section 102 of the delhi panchayat raj act, 1954, already invests the chief commissioner with the power to prescribe the manner in which and the authority by which a panch may be removed under certain circumstances by clause 13, the provisions of section 49 have been amplified to cover all members or panches of gaon panchayats, circle panchayats and panchayati adalats the removal of these persons will continue to be regulated by rules consequent on the proposal to confer criminpl powers on panchayati adalats, the provisions of the act relating to the procedure in civil suits and revenue proceedings have been amended suitably to cover criminal cases also the chief commissioner will therefore have power to frame rules in regard to certain procedural matters mentioned in these provisions, in respect of criminal cases, eg, amendments to sections 50, 65, 77 and 72 made by clauses 14 and 22 of the bill the delegation of power to make rules in the above cases relates to matters of procedure and is thus normal in character   (no3 of 1955)   chapter i  preliminarydefinitions - - - - 2 in this act, unless the context otherwise requires,-'     (11) "panchayati adalat" means a panchayati adalat established under section 55 and includes a bench, thereof; (12) "prescribed" means prescribed by this act or rules made thereunder; -    (19) "senior subjudge", "district judge" and "revenue assistant" mean respectively the "senior sub-judge", "district judge" and "revenue assistant" of delhi; -    chapter ii  gaon sabha and gaon sabha area -   4 if the whole of a gaon sabha area is included in a monicipality, ec1ff~t of ifn - usiod ° cantonment or notified area the gaon sabha shall cease and its the gaon - assets and liabilities shall be disposed of in the manner prescribed ~abha !~rea if f h   i ded d to murucl· a part 0 sue area is so me u ,its juris iction shall be reduc- palities etc ed by that part 5 no person shall be entitled to be or remain a member of the disqualific:a gaon sabha if he is of unsound m:'nd or if he is not an adult who don bof the for the time being ordinarily resides in the gaon sabha area withw ~: ~t the in the meaning of section 151 of the delhi land reforms act, 1954 gaon sabha 6 a member of a gaon sabha shall continue to be its member period hi of until his death or until he incurs any disqualification specified in :ren;begac! section 5 or until the area in which he ordinarily resides within the sabha meaning of section 151 of the delhi land reforms act, 1954, ij excluded from the jurisdiction of the gaon sabha under section 4 or until the abandonment of his residence in the gaon &bba area:  is~ded that a person who has ceased \0 be a member by realion of his disqualification under section 5, or abandonment of his residence in the gaon sabha area shall, on the rem)val of the disqualification or the resumption of his reslaence, as the case may be and on an application made by him to the gaon sabha in this behalf, be, after such enquiry as may be prescribed, re-enrolled as a member thereof  - - - - i?isquqifiea-8 no disqualification, defect or omission in the enrolment of a fe: ~ ~; member of a gaon sabha shall vitiate any act or proceeding of a poinuncdt gaon sabha if not less than two-third of the members at the time ~~ nom!~~- the act is done or the proceeding taken were duly qualified memto vitiate bers thereof let or proceedina 9 on the establishment of a gaon sabha every adult who ia membcrentered as a voter on the electoral rolls for a parliamentary consti-~ s:~hl tuency, in force for the time being and pertaining to the gaon sabha area, shall, as from the date of its establishment and subject to the provisions of sections 5 and 6, become a member of the gaon sabha - - - chapl'er iii  gaon panchayat •- - - - patwan to 18 the patwari shall be bound to assist the pradhan or up-~~;!r:~ pradhan of a gaon panchayat in the performance of the gaon of land panehayat's duties relating to land management work under chap-~=acter v of the delhi land reforms act, 1954, in respect of the village work of of his halka situated in the juris~ction of the gaon panchayat, in ~a;t pijl- the manner and to the extent prescribed under that act - - - - chapter iv  powers, duties, functions and administration of gaon panchayatsdutiea lind 18 in addition to the duties and functions imposed on a gaon fudctions psnchayat under the delhi land reforms act, 1954, or under any other enactment, it shall be the duty of every gaon panchayat, so far as its funds may allow, to make reasonable provision within ita jurisdiction for-- - - - (r) the administration of civil justice to the extent permitted in this act and the election of the panches on the panel of the circle panchayat according to the provisions of this act and rules made thereunder; - - - - 30 every member or servant of a circle panchayat, panchayatl mcdl d bers an servants adalat, a gaon panchayat or any committee constituted under to be public this act shall be deemed to be a public servant within the mean- servlnts ing of section 21 of the indian penal code, 1860 (act xlv of 1860) - - -  chapter vacquisition of land, gaon sabra area fund and property - - - - 41 (1) the expenses of the panchayati adalat shall be charged bxpenael to the gaon sabha area fund of each unit in a circle in equal :fod =; proportion by panch_-yati adajat (2) all sums realised by way of court fee in any suit or proceeding disposed of by a panchayati adalat shall be handed over by the chief commissioner to the gaon sabhas situated within the jurisdiction of the panchayati adalat in equal proportion 42 the accounts of a gaon sabha shall be audited every year audit as prescribed  - - - -  chapter vi circle panchayat and panchayati adalat44 (1) the chief commissioner or the prescribed authority shall, circle panby' a notification in the official gazette in this behalf, group 8 or ch~t, s:d more contiguous gaon sabha areas covering approximately a ~~b population of 5,000 persons into circles and establish for each such slrploch circle a circle panchayat  - - - - (3) every gaon sabha in each circle shall elect a number of adults of prescribed qualifications permanently residing within its jurisdiction to act as panches of the circle panchayat of that circle the number of adults so elected shall be such that from each village in the gaon sabha area two such adults shall be elected where its population is 1,000 or less and three where its population is more than 1,000 the election shall be carried out in the manner prescribed the panel so elected for each circle shall be called circle panchayat (4) no person shall be elected or remain panch of the circle panchayat if he is:-(a) unable to read and write hindi or urdu; or (b) of unsound mind; or (c) suffering from leprosy; or (d) an undischarged insolvent; or , (e) a servant of the government or any local authority; or (f) convicted of an offence involving moral turpitude or ordered to give security for good behaviour under section 110 of the code of criminal procedure 1898: provided that the disqualifications under clause (e) may be removed by an order of the chief commissioner or the prescribed authority - - - - puncti<;m8 45 (1) in addition to providing panels of panchayati adalat for j!':chc;;;!~ the trial of suits and proceedings under section 50, the chief commissioner may utilise the services of the circle panchayat as are· presentative elected body of the constituent gaon babhas for the purposes of co-ordinating their common schemes of development projects and their general superintendence where the chief com missioner decides to do so in one or more circles the following shall be the general functions of the circle panchayat:- a obu,atory-1 to take up the development projects of beneftts to all or more than one village in the circle, such as roads, seed stores, or irrigation projects 2 to undertake and perform the work of any superseded gaon babha during the period of supersession 3 to transact any business in which all or more than one of the constituent gaon sabha! are jointly interested 4 to take action under section 34  b discrettonary-1 the chief commissioner may confer powers of general !luoerintendence and control on the circle pancbayat over the eroiwtituent gaon sabhas and gaon puchayatl 2 the chief commissioner may make rules regarding the diversion of a part or percentage of gaon sabha area funds of the constituent gaon sabhas towards the expenses involved in the performance of the aforesaid functions of the circle panchayat - - - - •• (1) a panch may be removed at any time by the prescribed removal authority in the manner prescribed if he-(a) incurs any disqualification under sub-section (4) of section 44, (b) refuses to act or becomes incapable of acting, or (c) without reasonable cause absents himself for more than two consecutive months from the sittings of the circle panchayat or the panchayati adalat as the case may be, or (d) is in the opinion of the prescribed authority guilty of mis-conduct in the discharge of his duties, or (e) in the opinion of the prescribed authority undesirable in the public interest to continue in office (2) a panch removed under sub-sect1on (1) shall not be entitled to re-election as a panch for a period of three years and shall eease to be a member of the circle panchayat (3) a panch removed under sub-section (1) shall have a right to appeal to the chief commissioner so (1) the sarpanch shall, for the trial of every suit or proceed- panchayati ing, form a bench of five panches from the panel of circle pan- ~~i·~n me: chayat to constitute a panchayati adalat for the purposes of the suit or p~ trial of that suit or proceeding, in the manner prescribed c:ecdilll· (2) notwithstanding anything contained in this section, the chief commissioner may prescribe the constitution of special benches for determining any dispute arising between any parties or gaon sabhas of different circles or for any other purpose 51 (1) if any panch appointed to a bench codstituted under absence of section 50 for the trial of a suit or proceeding is absent at any hearing, from pa~e the remaining panches may, notwithstanding anything contained in bench this act, try the suit or proceeding, provided, however, that at leut three panchea, ~clud1n ~ cbairlxw1, are p~t (2) no trial as aforesaid shall be invalid by reason merely that all the five panches forming the bench were not present at any hearing or that the same panches were not present at all the hearings porum '" '" '" '" 53 notwithstanding anything contained in the code of civil procedure, 1908, every suit instituted under this act shall be instituted before the sarpanch of the circle ~nchayat of the circle in which the defendant or any of the defendants, where they are more than one, ordinarily resides or carries on business at the time of the institution of the suit irrespective of the place where the cause of action arose· '" '" '" '" &tent of 55 (1) the jurisdiction of a circle panchayat shall extend to any jurildiction suit of the following description if its value does not exceed two hundred rupees:-(a) a suit for money due on contract, other than a contract in respect of immowble property; (b) a suit for the recovery of movable property or for the value thereof; (c) a suit for compensation for wrongfully taking or injuring a movable property; or (d) a suit for damages caused by cattle trespass (2) the chief commissioner or the prescribed iquthority may, by notification in the official gazette, direct that the jurisdiction of any circle panchayat shall extend to all such suits of such value not exceeding five hundred rupees as may be specified in the notification &t~!on 56 parties to a suit may, by a written agreement, refer any suit d~unb:lc-  of the nature mentioned in section 71 to a circle panchayat for decision ~~ejlt by i4; irrespective of the value of the suit and the circle panchayat parties shall, subject to rules prescribed, determine and dispose of such suit under this act '" '" '" '" r"jutiicata 82 no panchayati adalat shall try any suit, proceeding or issue in respect of any matter which is pending for decision in or had been heard or decided by a court of competent jurisdiction in a former suit or proceeding between the same parties or between the parties under whom they or any of them claim 63 where a suit or proceeding is maintainable in more than one codcurrent circle panchayat, the plaintift or the applicant, as the case may be, jurisdiction' may bring the suit or proceeding in one of such circle panchayats any dispute regarding jurisdiction shall be decided by the senior sub-judge or the revenue assistant, having jurisdiction, as the case may be m any person who wishes to institute a suit or proceeding under institution this act before a circle panchayat may make an applic~tion orally ~~~~di::' or in writing to the sarpanch of the circle panchayat or in case of his absence from the circle to the naib-sarpanch or when both are absent, to such other panch as the sarpanch may have appointed in this behalf and shall at the same time pay the prescribed fee the court-fees act, 1870, shall not apply to panchayati adalats except as may be prescribed in every suit the plaintiff s~all state its value 65 (1) where a suit or proceeding is instituted orally, the sar- substance panch, naib-sarpanch or panch receiving the application shall record ~1ca~~n a~~ without delay the prescribed particulars and the signature or thumb- ~e re,?orded impression of the applicant shall be taken thereon in register (2) the sarpanch or in his absence the naib-sarpanch or panch mentioned in section 64, shall appoint a bench of the panchayati adalat under section 50 and refer the said application to that bench for disposaland shell also fix a date for the first hearing of the application before the said bench and give notice of the said date to the applicant and to the members thereof 66 every suit or proceeding instituted in accordance with the pro- manner of visions of section 65 shall be brought before the bench of the procedl're panchayati adalat on the date fixed and the bench shall, unless the sarpanch or naib-sarpanch is a member of it, choose one of their members to be the chairman of that bench who shall conduct the proceedings, 67 (1) 1£ the plaintiff or the applicant fails to appear after having d~spo~aj of b 'nf d f th t' d 1 fi d f h   suits in the een 1 orme 0 e ime an pace xe or earmg, the panchayati absence of adalat may dismiss the suit or proceeding or pass such order as it the party ruay deem fit concerned (2) the panchayati adalat may hear and decide the suit or proceeding in the absence of the defendant, or opposite party, if the summons have been served upon him 68 (1) except as provided in sub-section (2) or to correct a panchayati clerical error, a panchayati adalat shall have no power to cancel, ~~:!isenot revise or elter any decree or order passed by it ,or alter its decialon (2) a panchayati adalat may, for suftlcient reasons to be recorded, on application made within one month of the date of the deeree or order or know ledge thereof in case personal service of summons has not been affected, restore any suit or proceeding which has been dismissed in default or in which a decree or order has been passed ex-parte no ~a1 69 no legal practitioner shall appear, plead or act on behalf of practit oner any party in any suit or proceeding before a panchayati adalqt to appear appearance 70 subject to the provisions of section 69, any party to a suit or in person proceeding may appear before a panchayati adalat either in person ~~~tati:e: or by such servant (not being a tout), partner, relation or friend authorised by it the penchayati adalat may admit as a fit person to represent it special 71 notwithstanding anything contained in this act or in any !uriadiction other law for the time being in force, it shall be lawful or a panchayati m matten ai_ld'd  il di t , 'th i al compromiied uclimt to eel e any clv or revenue spu e ansmg me oc area of the circle panchayat and not pending in any court in accordance with any settlement, compromise or oath agreed upon by the parties, procedure 72 the panchayati adalat sball receive such evidence in suit or and p~er poceeding as the parties may adduce and may call for such further toascertam 'd "t' , b f th d t  t' f truth evl ence as m 1 s opidlon may e necessary or e e ermma ion 0 the points in issue it shall be the duty of the i\inchayati adalat to ascertain the facts of every suit or proceeding before it by every lawful means in its power and thereafter to make such decree or order, with or without costs as to it may seem just and legal it may take local investigation in the villege to which the dispute relates, it shall follow the procedure prescribed by or under this act the code of civil procedure 1908, the indian evidence act, 1872, and the indian limitation act, 1908, shall not apply to any suit or proceeding in a panchayati adwat except as provided in this act or as may be prescribed - - - - transfer 14 (1) if in any suit or proceeding before a panchayati adalat applicatiod any party intimates at any stage before the announcement of the final decree or order that it intends to make an application under this section to the senior sub-judge or the collector, as the case may be, for the transfer of the suit or proceeding, the panchay~ti adalat shall upon its executing, if so required, iq bond without surety of an amount not exceeding rupees ten that it will make such application within a reasonable time to be fixed by the panchayati adalat, which shall not be lese thaa 15 day&, adjaum tqe suit or proceeding for such a period as wtll afford sufficient time for the application to be made and an order to be obtained thereon: provided that nothing herein contained shall requfre the panchayati j\dalat to adjoum the suit or proceeding upon a second or subsequent intimation from the same party  -_  ',j 1· (2)' 'if the appiicatio~ be not made within the time allo~ed, the amount of such bond shill be forfeited and may be recoverable by the pancha)'\lti adalat as if it were a fine imposed by itself   , <' 75":(1): any court before whom a suit or proceeding triable by t~er of pan:ch'ayati adalat is'rued 'shall transfer the s~t o~proceectingto the ~~irllor circle panchayat having jurisdiction  : ; , : :' 1" (2) the senior sub-judge or collector may, for reasons to be recorded in writing, tnnsfer any suit or proceeding respectively from one panchayati adalat to another panchayati adalat of competent jurisdiction in the same circle or any other circle panchayat or to another court subordioote to him, 76 a revision from any decree or order passed by a panchayati rc\'isi(ln adalat shall lie in a suit to the senior sub-judge and in a proceeding under the delhi land revenue act, 1954, to the collector 77 a panchayati adalat may, if it considers the evidlence of, or issue of the production of a document by, any person necessary in a suit or ~:m!l::'_ proceeding, issue and cause to be served in the prescribed manner a ea summons on such person to compel his attendance or to produce or cause the production of such document, and such person shall be bound to comply with the direction contained in the summons  - - - - 80 a panchayati adalat, after an application is made under section summods 64, shall, unless it has been dismissed or otherwise disposed of under to defendsm the provisions of this act, cause summons in the prescribed form to be served in the prescribed manner on the defendant or on opposite party requiring him to attend and produce his evidence at such time and place as may be stated in the summons and shall at the same time direct the plaintiff or the applicant to attend and produce his evidence at such time and place   - • chapter viiexternal control - - - - 18 (1) - - - supertelsiod of a ga,'n sabhl or i gaon panchlylt or circle panchayat or i panchllyati adalat - (2) on the supersession of a gaon sabha or a gaon panchayat or a circle panchayat or a panchayati adalat under sub-sectioll (1) the following' ~onsequences shall ensue:-- - - (c) the senior sub-judge or the collector, as the case may be, iihall withdraw all civil end revenue easee pendin, before such circle panchayat or panchayati adalat and dispose of them tn accordance with law  - - - -  a billturther to amend the delhi panchayat raj act, 1954 (shri gofjind ballabh pant, minister of home affairs) 