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Schedule 16 – The Punjab Village Common Lands Regulation Act 1961

The Punjab Village Common Lands Regulation Act 1961

Schedule 16. Procedure where a Panchayat sues or is sued in its representative capacity

{ Sections {15 (2) 2[h] of the Act) [ Section 15 (2)(b)}.

(1) The Panchayat shall by a resolution to be recorded in the proceeding book, appoint its sarpanch 3{ or N S}or any other Panch to contest any suit filed by or against the panchayat. The sarpanch 3 { N S } or Panch so appointed shall file a copy of the resolution duly attested by the sarpanch 3(or N.S.) under the seal of the panchayat in the court along with other documents.

(2)The actual expenditure incurred in the defense of the case shall be chargeable to the funds of the Panchayat.

(3)The sarpanch 4{or Naib Sarpanch) or Panch so appointed shall not be competent to compound or admit claim of the party suing the panchayat without prior authorization by the panchayat by a resolution in writing passed in a meeting specifically called for the purpose. If any decree or order is passed by the court as a result of fraud, misrepresentation, concealment of facts or collusion with the opposite party, the sarpanch 4{or Naib Sarpanch } or Panch shall be personally liable for the loss caused to the panchayat.

COMMENTS

Where a Panch or a sarpanch is even authorised to defend a claim, he or they cannot admit the claim in the absence of a resolution to that effect in a meeting specially called for the purpose. So also unless there is a proper resolution in favour of either a sarpanch or a panch, he cannot even defend the suit5

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The Punjab Village Common Lands Regulation Act 1961

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