ADMINISTRATIVE STRUCTURE

DISTRICT LOCAL BOARD

District Local Board.

THE DISTRICT LOCAL BOARD, RATNAGIRI is a corporate body constituted under the Bombay Local Boards Act, 1923. The area administered by the Board, is 4,928.98 square miles and according to the census or 1951, it contained a population of 16,10,519. The board is wholly elected and is composed of 60 members of whom nine hold seats reserved for women and Harijans. Its term of office is four years, extensible by the order of the Commissioner to a term not exceeding in the aggregate five years.

The President of the board is elected by the board from among its own members. His term of office is co-extensive with the life of the board. His chief functions are: (a) to preside at meetings of the board; (b) to watch over the financial and executive administration of the board; (c) to exercise supervision and control over matters of executive administration, and in matters concerning the accounts and records of the-board; and (d) subject to certain limitations prescribed by Rules framed under the Act, to dispose of all questions relating to the service of the officers and servants, and their pay, privileges and allowances. Without contravening any order of the board, he may, in case of emergency, direct the execution or stoppage of any work or the doing of any act which requires the sanction of the board.

There is also a Vice-President of the board who is elected like the President. He presides at the meetings of the board in the absence of the President, and exercises such of the powers and performs such of the duties of the President as the President may delegate to him. Pending the election of a President, or during the absence of the President on leave, he exercises the powers and performs the duties of the President. On the expiry of the term of 'office of a Local Board, the President and the "Vice-President continue to carry out the current administrative duties of their offices until such time as a new President and Vice-President have been elected and have taken over the charge.

The Board is competent to frame regulations under sections 35 and 123, by-laws under section 62 and taxation rules under section 100. The Government have reserved the power of making rules under section 133 of the Act.

The Board has to pass its budget before 15th of February every year and to keep a minimum balance of Rs. 20,000.

The accounts of the Board are audited every year through the auditors of the Examiner, Local Accounts, Bombay.

Under the Act, it is compulsory on the board to appoint a Standing Committee. This Board has appointed following Sub-Committees in addition to the Standing Committee;-

(1) Rules Committee.

(2) Public Health Committee.

(3) Project Committee.

(4) Taluka Public Works Committees at all taluka and peta places.

(5) Dispensary Committee for each dispensary.

The Standing Committee is to consist of not more than nine and not less than seven members. The Standing Committee shall perform the functions allotted to it under the Act, and subject to any limitations or other provisions contained in rules made under section 133(c) or regulations made under section 35 (1), shall; exercise all the powers and perform all the duties of the Local Board which have not been delegated to any other committee.

The obligatory and optional functions of the board are set out in section 50 of the Local Boards Act. The chief obligatory duties are:-

(1) the construction of roads and other means of communications and the maintenance and repair of all roads and other means of communications vested in it;

(2) the construction and repair of hospitals, dispensaries, markets, dharmashalas and other public buildings and the visiting, management and maintenance of these institutions;

(3) the construction and repair of public tanks, wells and water-works; the supply of water from these and from other sources; and such other measures necessary for the preservation of water for drinking and cooking purposes and protection from pollution;

(4) public vaccination, and sanitary works and measures necessary for the public health;

(5) the planting and preservation of trees by the side or in the vicinity of roads vesting in the board; and

(6) The establishment and maintenance of relief and local relief works in time of famine or scarcity.

Under the Bombay Primary Education Act (LXI of 1947), and the rules framed under it, which came into force from 1st April, 1949, the District Local Board, Ratnagiri, has no longer any administrative or financial control over primary education. The only duty of the Board is to hold an election of the members of the District School Board as prescribed in the Act and to assign a revenue equal to 15 pies of the three-anna cess on land revenue and water-rate. No Local Fund Cess is levied on water rate by this Board.

The main financial resources of the board as set out in section 75 of the Bombay Local Boards Act, are:-

(1) a cess on land revenue up to a maximum of three annas in a rupee;

(2) all rents and profits accruing from property (including ferries), vested in the board;

(3) grants from Government; and

(4) octroi tax.

Under section 79 of the Act, the board has to assign to every municipality two-thirds of the cesses on land revenue levied on lands within that municipality. The board now levies the cess on land revenue at the maximum of three annas in the rupee.

Under section 118-A of the Act, the State Government has to allocate every year a grant to each District Local Board, equivalent in amount to 15 per cent. of the land revenue, including non-agricultural assessment, realised during the previous year from lands within the limits of the board, within non-village panchayat area and five per cent. in the village panchayat area.

The controlling authorities in relation to the District Local Board are the Collector; the Commissioner, Bombay Division; and the State Government. They exercise in the case of the District Local Board more or less the same powers which they have in the case of municipalities.

The following were the receipts and expenditure of the Ratnagiri District Local Board, under the various heads in 1956-57, excluding Primary Education (which is now looked after entirely by the District School Board) and deposits, advances, investments and provident fund:-

Receipts.

(1) Land Revenue

1,41,254

(2) Local Rates

10,36,521

(3) Interest

19,395

(4) Law and Justice

898

(5) Police

406

(6) Medical and Scientific

10,175

(7) Minor Departments

709

(8) Miscellaneous

1,25,237

(9) Civil Works

50,167

Total

13,84,762

Expenditure.

(1) Refunds and Drawbacks

14,386

(2) Interest

755

(3) Administration

3,36,216

(4) Law and Justice

155

(5) Education

1,708

(6) Medical

1,04,698

(7) Minor Departments

1,524

(8) Superannuation

18,447

(9) Miscellaneous

62,584

(10) Civil Works

6,46,256

Total

11,86,729

Under deposits, advances, investments, and provident fund, the receipts were Rs. 14,38,885 and the expenditure Rs. 14,85,820.

The Board has unrestricted powers of appointment of its officers and servants and their payment, but where it appoints a Chief Officer or Engineer and such appointment is approved by Government, Government has to pay to the Board two-thirds of the salary of such officers on the pay scale prescribed by Government.

On 31st March, 1956, the Board had a total road mileage of 1,606. The maintenance of these roads is a responsibility of the Board. Of these 708 miles were metalled and 898 miles unmetalled which were almost cart tracts. The Board frames and submits yearly programmes of road improvements, new-constructions and village approach roads to Government through the Collector and the Commissioner, in connection with the grants sanctioned under State Road Fund. During the period of five years ending 31st March, 1957, the Board received Government grant of Rs. 7,94,406, under State Road Fund and the same was fully spent by the Board. Current and special repair works are generally provided for from the Local Fund. During the five years ending 31st March, 1957, the Board had improved a length of about 70 miles of roads according to the Government grants programme. The Board also gets two per cent. of the forest revenue grant and it is spent on the roads in the forest area.

Water Supply.-The village water supply works in Ratnagiri district, are executed by the Public Works Department.

The Local Board maintains two water works at Sangameshwar and Makhajan through which pipe connections are given to the public. The Board also maintains public wells as shown below: -

Name of Taluka or Mahal.

No. of wells.

No. of Small tanks

(1) Mandangad

37

10

(2) Dapoli

87

5

(3) Khed

81

15

(4) Chiplun

93

41

(5) Guhagar

14

--

(6) Sangameshwar

62

13

(7) Lanje

17

13

(8) Ratnagiri

35

27

(9) Rajapur

41

27

(10) Deogad

18

6

(11) Malvan

17

5

(12) Vengurla

6

1

(13) Kankavli

17

3

Health and Sanitation.- The Board has not appointed a Health Officer nor has it maintained any health staff under it. The District Health Officer appointed by Government looks after the arrangements in connection with the control of epidemics. The vaccinators are appointed by the Health Officer with the sanction of the Board and vaccines and other drugs for inoculation and disinfection of water supply are sanctioned on the advice of the Health Officer'. Preventive as well as curative measures are undertaken by the Health Officer through his public health staff and the staff appointed by the Board.

Hospitals and Dispensaries.-The Board maintains three dispensaries and one hospital The expenditure in connection with the maintenance of these dispensaries was Rs. 29,473 in the year 1956-57. The dispensary at Guhagar was opened in the year 1957-58.

There are 24 subsidised medical practitioner centres under the Rural Medical Relief Scheme, three under Special Post-War Reconstruction Scheme and three under the project area in the district and the Board contributes 1/5th of the expenditure on them, to Government.

There are no veterinary dispensaries under the control of the Board.

Other amenities.-There are 87 dharmashalas, four bungalows and two well-furnished rest houses in charge of the District Local Board. The rest house at Malvan being situated near the Malvan port is very useful to the travelling public.

Village Panchayats.

The Village Panchayats.-Village Panchayats form local units of administration for villages under the Bombay Village Panchayats Act (III of 1959). In some of the revenue villages independent panchayats have been sanctioned. Where this is not possible, group village panchayats comprising two or more revenue villages have been formed. There were 800 village panchayats in Ratnagiri district on 31st August, 1959.

The maximum number of members of a panchayat is fifteen and the minimum number, seven. The members are to be elected on adult franchise. Till 26th January, 1960 (i.e., till the expiry of ten years from the commencement of the Constitution of India), the State Governments were given power to reserve seats (in joint electorates) for the representation of Scheduled Castes and Scheduled Tribes,. However, no seats may be reserved for the Scheduled Castes and Scheduled Tribes unless Government is of the opinion that reservation is necessary having regard to the population in the village of such castes and tribes. Similarly, two seats are to be reserved for women in each village panchayat. The term of office of a panchayat is four years, which may be extended up to five years by the Government after consulting the panchayat mandal. Every panchayat has to elect a sarpanch and a deputy sarpanch from among its members. The sarpanch presides over the panchayat and exercises the executive powers for the purpose of carrying out the provisions of the Panchayats Act and resolutions passed by the panchayat. There shall he a secretary for every panchayat or a group of panchayats as the State Government may determine, having regard to the population of the village and income of the panchayat. The secretary shall be whole-time Government servant and his salary and allowances shall not be a charge on the village panchayat funds. The qualifications, selection, appointments, training, powers, duties, transfer, remuneration and conditions of service (including disciplinary matters) of such a secretary shall be such as are prescribed by Government.

Section 45 of the Village Panchayats Act lays down that so far as the village fund at its disposal will allow and subject to the control of the panchayat mandal, it shall be the duty of the panchayat to make reasonable provision within the village in regard to all or any of the following, viz.:-

I. (a) the supply of water for domestic use and for cattle,

(b) the cleansing of public roads, drains, bunds, tanks and wells (other than tanks and wells used for irrigation) and other public places or works,

(c) sanitation, conservancy, the prevention and abatement of nuisance and the disposal of carcasses of dead animals,

(d) the preservation and improvement of the public health,

(e) the regulation by licensing or otherwise of tea, coffee and milk shops,

(f) provision, maintenance and regulation of burning and burial grounds,

(g) the lay-out and maintenance of play-grounds and of public gardens,

(h) the disposal of unclaimed corpses and unclaimed cattle,

(i) the construction and maintenance of public latrines,

(j) the taking of measures to prevent the outbreak, spread or recurrence of any infectious disease,

(k) the reclaiming of unhealthy localities,

(l) the removal of rubbish heaps, jungle growth, prickly pear, the filling in of unused wells, insanitary ponds, pools, ditches, pits or hollows, the prevention of water logging in irrigated areas and other improvements of sanitary conditions,

(m) maternity and child welfare,

(n) providing medical relief, and

(o) the encouragement of human and animal vaccination.

II. In the sphere of public works.-(a) the removing of obstructions and projections in public streets or places and on sites not being private property, which are open to the public, whether such sites are vested in the panchayat or belong to Government,

(b) the construction, maintenance and repairs 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,

(c) the maintenance and regulation of the use of public buildings, grazing lands, forest lands including lands assigned under section 28 of the Indian Forests Act, 1927, tanks and wells (other than tanks and wells used for irrigation), vesting in or under the control of the panchayat,

(d) the lighting of the village,

(e) the control of fairs, bazars, tonga-stands and cart-stands,

(f) the construction and maintenance or control of slaughter houses,

(g) the planting of trees along roads, in market places and other public places and their maintenance and preservation,

(h) the destruction of stray and ownerless dogs,

(i) the construction and maintenance of dharmashalas,

(j) the management and control of bathing or washing ghats which are not managed by any authority,

(k) the establishment and maintenance of markets,

(l) the construction and maintenance of houses for the conservancy staff of the panchayat,

(m) the provision and maintenance of camping grounds,

(n) the establishment, control and management of cattle pounds,

(o) the establishment and maintenance of works or the provision of employment in times of scarcity,

(p) the extension of village sites and the regulation of buildings in accordance with such principles as may be prescribed,

(q) the establishment and maintenance of ware-houses, and

(r) excavation, cleansing and maintenance of ponds for the supply of water to animals,

III. In the sphere of education and culture.-(a) the spread of education,

(b) the establishment and maintenance of akhadas, clubs and other places for recreation,

(c) the establishment and maintenance of theatres for promotion of art and culture,

(d) the establishment and maintenance of libraries and reading rooms and

(e) the promotion of social and moral welfare of the village including the promotion of prohibition, the removal of untouchabilitv, amelioration of the conditions of backward classes, eradication of corruption and the discouragement of gambling and useless litigation.

IV. In the sphere of self-defence and village defence.-

(a) watch and ward of the village, and of the crops therein; provided that the cost of watch and ward shall be levied and recovered by the panchayat from such persons in the village, and in such manner, as may be prescribed,

(b) regulating, checking and abating of offensive or dangerous trades and practices and

(c) rendering assistance in extinguishing fire, and protecting life and property when fire occurs.

V. In the sphere of administration.-(a) the numbering of premises,

(b) the drawing up of programmes for increasing the output of agricultural and non-agricultural produce in the village,

(c) the preparation of the statement showing the requirements of supplies and finances needed for carrying out rural development schemes,

(d) acting as a channel through which assistance given by the Central or State Government for any purpose reaches the village,

(e) making surveys,

(f) the control of cattle stands, threshing floors, grazing grounds and community lands,

(g) the establishment, maintenance and regulation of fairs, pilgrimages and festivals,

(h) the preparation of statistics of unemployment,

(i) reporting to proper authorities, village complaints which are beyond the scope of the panchayat,

(j) the preparation, maintenance and upkeep of panchayat records,

(k) the registration of births, deaths and marriages in such manner, and in such forms as may be laid down by Government by general or special order in this behalf and

(l) the preparation of plans for the development of the village.

VI. In the sphere of the welfare of the people.-(a) assistance in the implementation of land reform schemes,

(b) the relief of the crippled, destitute and the sick,

(c) assistance to the residents when any natural calamity occurs,

(d) making arrangements for co-operative management of lands and other resources in the village, and organisation of collective farming, credit societies and multi-purpose co-operative societies,

(e) the reclamation of waste land and bringing waste land under cultivation with the previous permission of the State Government,

(f) organising voluntary labour for community works and works for the uplift of the village, and

(g) opening of fair price shops.

VII. In the sphere of agriculture and preservation of forests.-

(a) the improvement of agriculture and establishment of model agricultural farms,

(b) the establishment of granaries,

(c) bringing under cultivation waste and fallow lands vested by Government in the panchayat,

(d) securing minimum standards of cultivation in the village with a view to increasing agricultural production,

(e) ensuring conservation of manurial resources, preparing of compost and sale of manure,

(f) the establishment and maintenance of nurseries for improved seeds and provision of implements and stores,

(g) the production and use of improved seeds,

(h) the promotion of co-operative farming,

(i) crop experiments and crop protection,

(j) minor irrigation and

(k) raising, preservation and improvement of village forest.

VIII. In the sphere of breeding and protection of cattle.-Improvement of cattle and cattle breeding and the general care of livestock.

IX. In the sphere of village industries.-The promotion, improve ment and encouragement of cottage and village industries.

X. In the sphere of the collection of land revenue.-(a) collection of land revenue when so empowered by the State Government under section 169, and

(b) maintenance of village records relating to land revenue in such manner and in such forms as may be prescribed from time to time by or under any law relating to land revenue.

Sub-section (2) of section 45 lays down that a panchayat with the previous sanction of the Chairman of the Panchayat Mandal may make provision for carrying, outside the village, any work of the nature specified in sub-section (1).

Under section 124. (1) it shall be competent to a panchayat to levy all or any of the following taxes and fees at such rates as may be decided by it (but subject to the minimum and maximum rates which may be fixed by the State Government) and in such manner and subject to such exemptions as may be prescribed, namely: -

(i) a tax on buildings (whether subject to payment of agricultural assessment or not) and lands (which are not subject to payment of agricultural assessment) within the limits of the village,

(ii) octroi,

(iii) a pilgrim tax,

(iv) a tax on fairs, festivals, and other entertainments,

(v) a tax on bicycles and on vehicles drawn by animals,

(vi) subject to the provisions of article 276 of the Constitution a tax on the following professions, trades, callings or employments,:-

(a) shop-keeping and hotel-keeping,

(b) any trade or calling (other than agriculture) which is carried on with the help of machinery run by steam, oil, or electric power or by manual labour,

(c) the profession or calling of brokers in cattle markets.

(vii) a general sanitary cess for the construction or maintenance, or both, of public latrines and for the removal and disposal of refuse,

(viii) a general water rate which may be imposed in the form of a rate assessed on buildings and lands or in any other form as may be best adapted to the circumstances of any class of cases,

(ix) any other tax (not being a toll on motor vehicles or trailers, save as provided by section 14 of the Bombay Motor Vehicles Tax Act, 1935), which the State Legislature has, under the Constitution, power to impose in the State and which has been sanctioned by the State Government,

(x) a fee on markets and weekly bazars,

(xi) a fee on cart-stands and tonga-stands,

(xii) a special water rate for water supplied by the panchayat through pipes, which may be imposed in any form including that of charges for such water supplied, fixed in such mode or modes as shall be best adapted in the circumstances of any class of cases,

(xiii) a fee for the supply of water from wells and tanks vesting in it, for purposes other than domestic use and for cattle,

(xiv) a fee for temporary erection on, or putting up projections over, or temporary occupation of, any public street or place,

(xv) a special sanitary cess upon private latrines, premises or compounds cleansed by the panchayat agency,

(xvi) a fee for cleansing a cess-pool constructed on land whether belonging to the panchayat or not and

(xvii) a fee for grazing cattle on grazing lands vesting in a panchayat.

The State Government makes every year a grant, not less than 25 per cent. and not exceeding 30 per cent. of the ordinary land revenue collected in the revenue year immediately preceding, within the limits of the village. Thus each village panchayat will have a village fund and the following items will form part of it (vide section 57):-

(1) there shall be in each village, a fund, which shall be called the village fund.

(2) the following shall be paid into, and shall form part of the village fund, namely:-

(a) the amount which may be allotted to the village fund by the State Government under the provisions of section 191 of the Bombay District Municipal Act, 1901,

(b) the proceeds of any tax or fee imposed under section 124,

(c) the proceeds of a tax on professions, trades, callings and employments assigned to the panchayat under clause (b) of subsection (1) of section 102-C of the Bombay Local Boards Act, 1923,

(d) all sums ordered to be paid as compensation realised under sections 80 and 81,

(e) all other sums ordered by a Court, to be placed to the credit of the village fund,

(f) the sale proceeds of all dust, dirt, dung refuse or carcasses of animals, except in so far as any person is entitled to the whole or a portion thereof,

(g) sums contributed to the village fund by the State Government or a district local board,

(h) all sums received by way of loans from the State Government or the district local board or out of the District Village Development Fund, constituted under section 133,

(i) all sums received by way of gift or contributions by the panchayat,

(j) the income or proceeds of any property vesting in the panchayat,

(k) fees levied for the institutions of suits and cases under section 90,

(l) the net proceeds (after deducting the expenses of assessment and collection) of the cess authorised by section 127,

(m) all sums realised by way of rent or penalty otherwise than as the amount of any fine in criminal case, and

(n) all sums realised as pound fees after deducting the expenses,

There is a District Village Development Fund established out of the contributions made by the panchayats. The fund will be utilised for the purpose of granting loans to panchayats and for the payment of interest on contributions made by panchayats,

Nyaya Panchayat.

There shall be a nyaya panchayat for the administration of civil and criminal justice in a group of villages not less than five.

The nyaya panchayat shall consist of one person elected out of the members of gramsabha by each panchayat. This election is made immediately after the election of the sarpanch and the deputy sarpanch. The sarpanch and deputy sarpanch are ineligible to be elected as members of nyaya panchayat. The term of office of the member of the nyaya panchayat shall expire with the term of the panchayat which elected him. The nyaya panchayat shall sit for a suit or trial of a suit or case in the village where such suit or case has been instituted. It shall be presided over at each such place by one of its members. In case the nyaya panchayat is incompetent to exercise or has been guilty of the abuse of its powers, the State Government may withdraw all or any of the powers vested in or conferred on such nyaya panchayat. The State Government has power to remove a member of the nyaya panchayat for reasons of misconduct in the discharge of his duties or for any disgraceful conduct or for neglect, refusal or incapacity in regard to the performance of his duties as member of the nyaya panchayat.

The secretary of the village panchayat where the sitting of the nyaya panchayat is held acts as the judicial clerk of the nyaya panchayat.

[As per the new Bombay Village Panchayats. Act, 1958, nyaya panchayats are still to be constituted in this district, (1959)].

The nyaya panchayats are to try suits, all or any of those stated in section 73-

(a) suits of money due on contracts not affecting any interest in immovable property,

(b) suits for the recovery of moveable property or for the value thereof,

(c) suits for compensation for the wrongful taking and injuring moveable property-where the amount or value does not exceed one hundred rupees.

With the written consent of both the parties recorded in the presence of the nyaya panchayat suits of the nature recorded above but the value of which does not exceed Rs. 250, shall be triable by such nyaya panchayat.

The State Government may by notification in the official gazette direct that any panchayat may try any suit of the nature described above up to such value exceeding Rs. 100 as may be specified in the notification but not exceeding Rs. 250.

Suits of the nature specified in section 74, shall not be brought before the nyaya panchayat.

A nyaya panchayat shall take cognizance and try all or any of the offences subject to the provisions of sub-section (5) of section 64 of the Village Panchayats Act; under sections 269, 277, 283, 323, 352, 358, 379, 426, 447, 448, 461, 504, 506, (first part) and 510, of the Indian Penal Code; under sections 4, 5, 5-A, 6, 6-C, and 7 of the Cruelty to Animals Act, 1890; under sections 3, 4, 5, 5-A, 5-B of the Prevention of Cruelty to Animals Act, 1946; under sections 22, 23, 24, 25 of the Bombay District Vaccination Act, 1892; and under sections 35, 36, of the Bombay Primary Education Act, 1947.

No pleader or vakil or mukhtyar and no advocate or attorney of High Court, shall be permitted to appear on behalf of any party to any suit or case before a nyaya panchayat.

No appeal shall lie against the decree or order passed by a nyaya panchayat in a suit or case. But on an application made by any of the parties or of its own motion a District Court in a suit or a Sessions Court in a case may call for, and, examine the record of proceedings of a nyaya panchayat for satisfying as to the legality or propriety of any decree or order passed or as to regularity of the proceedings held by such nyaya panchayats. The District or Sessions Court may modify, cancel or reverse the order. The period for filing an application, is 30 days. The order of the District or Sessions Court shall be final and shall not be subject to any appeal or revision of review.

District Village Panchayat Mandal.

Powers of supervision and control of the administration over panchayats are given to the District Village Panchayat Mandal, constituted under section 134. It has power to call for information and to compel the panchayat to take into consideration any objection it has to any acts of the panchayat, either of commission or ommission. It can compel the panchayat to reduce the number of staff maintained by it or remuneration paid to them. The Collector has powers of suspension and prohibition in respect of execution of any order or resolution of a panchayat which in his opinion is likely to cause injury or annoyance to the public or to lead to breach of peace. In case of emergency, the Collector may also provide for the execution of any work or the doing of any act which a panchayat is empowered to execute or to do, and the immediate execution or doing of which is, in his opinion necessary for the health or safety of the public, and may direct that the expenses shall forthwith be paid by the panchayat.

The audit of the accounts of the panchayat shall be carried out by the State Government. A copy of the audit note shall be forwarded to the village panchayat and Panchayat Mandal within one month of completing the audit. The panchayat is to remove the defects or irregularities that have been pointed out in audit note and shall send to the Panchayat Mandal within three months an intimation of having done so and shall supply explanation in regard to defects or omissions. The Panchayat Mandal shall accept the intimation or explanation and recommend to the Collector to withdraw the objection. The Collector after considering the report of the Panchayat Mandal and after making further enquiry shall disallow the item which appears contrary to the law and surcharge the same on the person making or authorising the making' of illegal payment and if the amount surcharged is not paid within one month, the Collector shall recover it as arrears of land revenue and credit it to the village fund. Any person aggrieved by an order of surcharge made by the Collector may within one month from the receipt by him of the decision of the Collector apply to the District Court to modify or set aside such order, and the Court after taking such evidence as it thinks necessary, may confirm, modify or remit such surcharge and make such order as to costs.

In default of performance of duty specified in sub-section (1) of section 45, the Panchayat Mandal may order that the duty be performed within a specified period and if the duty is not performed the Panchayat Mandal may appoint a person to perform it and direct that the expenses be paid by the panchayat.

In case the Panchayat Mandal fails or neglects to take action the State Government or the person authorised may take such action as could have been taken by the Panchayat Mandal.

The State Government has also power after consultation with the Panchayat Mandal to dissolve or supersede a panchayat if in its opinion the panchayat had exceeded or abused its powers or made persistent default in the performance of its duties or has persistently disobeyed any of the orders of the Collector.

If a panchayat is superseded all the powers and duties of the panchayat will be exercised by a person or persons appointed by the State Government.

District Village Panchayat Officer.

Under the provisions of section 136, the State Government is to appoint for one or more districts, a District Village Panchayat Officer in the grade of District Deputy Collector for the development of the village panchayats. He is also the secretary of the District Village Panchayat Mandal. Several duties have been placed on this officer and he is expected to do everything that is possible to popularise the village local self-Government and to make the working of village panchayats really effective. He has to exercise supervision over the affairs of panchayats already established in the district, recommend to the Collector the establishment of new panchayats, explain the panchayats the system of panchayat administration, watch the actual working of the panchayats and give them guidance if their working is not proper and persuade women to take active interest in the affairs of panchayats. He is to hold annual gathering of the panchayats sarpanchas and members, so that they become aware of the activities of one another. An annual report of the activities of the panchayats has to be prepared by him and submitted to the Collector before 15th May and within a fortnight thereafter the Collector is to forward that report with his remarks to the Commissioner, every year.

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