COMMUNITY EMPOWERMENT AND MOBILIZATION
Chapter – XXII) Community Mobilization through Community Council and Panchayat #
123. Community Council and Panchayat.– #
(1) A urban Union Council may constitute Community Councils for its local area, in the prescribed manner.
(2) A rural Union Council may constitute Panchayats for its local area, in the prescribed manner.
(3) A Community Council or a Panchayat shall consist of a panel of not more than five members, including at least two women, to be nominated by the concerned Union Council as the case may be, from amongst residents of its local area.
Provided that no elected official of a local government shall be appointed as a member of the Community Council or Panchayat.
(4) In case a Union Council fails to constitute their respective Community Councils or Panchayats respectively or nominate its members, the Head of local government in whose local area, such Union Council as the case may be, is situated shall, constitute the same and also nominate the members.
(5) The members of Community Council or Panchayat shall be nominated for the term of Union Council.
(6) Any casual vacancy in the panel of members of the Community Council or Panchayat shall be filled, as soon as may be, but not later than thirty days from the occurrence of the vacancy.
(7) Where in the opinion of the nominating local government, a member of Community Council or Panchayat is accused of consistent partiality and malpractices in the performance of its functions, the respective Union Council may, subject to an opportunity of hearing, remove such member and nominate another member in his place to complete the residual term of such removed member.
(8) An appeals against the decision under sub-section (7) may be filed within fifteen days to the Assistant Director of the Department of concerned Tehsil, who shall decide the same within the period of one month.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | – | 123 | 132 | 123 |
124. General functions of Community Council or Panchayat.– #
(1) The general functions of the Community Council or Panchayat shall be to-
(a) prevent and abate nuisances in public ways, public streets and public places;
(b) mobilize voluntary resources, including physical labour and manpower, property and cash contributions for municipal and welfare activities in the local area including provision of education and arrangement of marriages of deserving poor and needy residents;
(c) facilitate the formation of co-operatives for improving economic returns and reduction of interstitial poverty and consumer protection;
(d) report cases of handicapped, destitute, and of extreme poverty to the respective local government and raise funds on self-help basis for their welfare;
(e) mobilise the community involvement in maintenance of public streets, play grounds, parks, culverts and public buildings, de-silting of canals and watercourses;
(f) promote plantation of trees, landscaping and beautification of the Union Council;
(g) reporting attendance and absence of government officials;
(h) organise watch and ward in the area through unarmed Union Council guards;
(i) reporting price control violations and represent the interest of consumers;
(J) reporting bonded and child labor and efforts for their rehabilitation;
(k) reporting instances of domestic violence and crime against children and women;
(L) reporting of crime;
(m) eporting of loss, damage or threat to public property and infrastructure;
(n) reporting of outbreak of diseases and fire etc;
(o) reporting violations of laws committing or being apprehended in the vicinity / local area, to the concerned authorities;
(p) assisting the Government and the local governments in public awareness campaigns
(q) coordination with other adjoining Community Councils and Panchayats and
(r) to perform any other function given by the local governments or the Government.
(2) The Community Council or Panchayat shall assist its respective Union Council in-
(a) conducting surveys in the Union Council and collecting socio-economic data;
(b) selecting sites for providing municipal facilities and services;
(c) identifying encroachments;
(d) managing burial places and cremation grounds of the rural Union Council;
(e) managing and lighting of Union Council roads, streets, and paths; and
(F) facilitate in collecting land revenue and other taxes.
(3) A Union Council may, subject to such terms and conditions as may be mutually agreed, entrust any of its functions to the Community Council or Panchayat:
provided that responsibility for discharge of such functions shall continue to vest with the Union Council:
provided further that no function or responsibility shall be transferred without allocation of corresponding resources and funds.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| – | – | 124 | 133 | 124 |
125. Amicable settlement of disputes.– #
(1) A Community Council or Panchayat shall use their good offices to achieve the amicable settlement of disputes amongst the people in their respective local areas, in the prescribed manner.
(2) Any person may refer his civil, family or criminal dispute to the Community Council or Panchayat where the dispute has arisen within the territorial jurisdiction of the Community Council or Panchayat or where parties to the dispute are residing in such area or where the parties to the dispute have agreed to submit themselves to the jurisdiction of the Community Council or Panchayat.
(3) The Community Council or Panchayat shall make efforts for amicable settlement of the dispute between the parties and it shall record its findings through agreement between the parties.
(4) If, in the opinion of the Community Council or Panchayat, a party to the dispute has willfully obstructed settlement of such dispute, it may record its findings to that effect for further consideration of the competent forum.
(5) The Community Council or Panchayat shall not assume jurisdiction in a non-compoundable offence.
(6) Every settlement of a dispute by Community Council or Panchayat in a case pending before a court shall be subject to the approval of such court.
(7) The parties to the dispute may agree to add any other person as a member of Community Council or Panchayat for their dispute and such person shall be treated as a member of the Community Council or Panchayat only to the extent of that particular case.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 96 | – | 125 | 134 | 125 |
126. Reference by Courts etc.– #
(1) A court may refer a dispute to any Community Council or Panchayat functioning within its territorial jurisdiction for amicable settlement of the dispute.
(2) The court making a reference to the Community Council or Panchayat under subsection (1) may lay down the procedure for summoning the parties to the dispute, the terms of reference, the period during which settlement is to be made, the manner in which report of the settlement is to be submitted and such other matters as it may deem appropriate for resolution of the dispute.
(3) Where, on a reference made by the court under subsection (1), the dispute is settled between the parties, the court may make such settlement as a ruling of the court.
(4) The Community Council or Panchayat shall inform the court if the dispute is not settled within the time fixed by the court or may ask for extension in time for settlement of the dispute.
(5) An officer in charge of a police station may refer a compoundable case to a Community Council or Panchayat, for amicable settlement of dispute between the parties.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 97 | – | 126 | 135 | 126 |
127. Conflict of interest.– #
(1) A member of a Community Council or Panchayat shall not take part in the proceedings of the Community Council or Panchayat relating to a dispute if he has any conflict of interest.
(2) If there is a conflict of interest of a member of the Community Council or Panchayat in a particular case, the Chairperson of the Union Council may appoint any other eligible person as member of the Community Council or Panchayat for that case, in place of the member who has conflict of interest in the case.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 98 | – | 127 | 136 | 127 |
128. Procedure of settlement of disputes.– #
(1) The Convener of the Community Council or Panchayat, selected in the prescribed manner, shall:
(a) convene meetings of the Community Council or Panchayat on such date and at such place in its local area, as may be necessary or appropriate; and
(b) conduct the proceedings informally for amicable settlement of disputes.
(2) A legal practitioner shall not be permitted to take part in the proceedings of a Community Council or Panchayat on behalf of any party.
| NOTES: | ||||
| PARI MATERIA PROVISIONS | ||||
| PLGA 2013 | PLGA 2019 | PLGO 2021 | PLGA 2022 (Act No. XIII of 2022) | PLGA 2022 (Act No. XXXIII of 2022) |
| s. | s. | s. | s. | s. |
| 99 | – | 128 | 137 | 128 |
Comments
In the previous local government laws i.e. the Punjab Local Government Ordinance, 2001 and the Punjab Local Government Act, 2013, there existed provisions relating to Musalihat Anjuman for the purpose of amicable settlement of disputes of civil and criminal nature either referred to it by any party or parties to the dispute or any court of competent jurisdiction. Besides, section 93 of the Punjab Local Government Ordinance, 2001 provided for declaration of a Village Councils or Neighbour Councils in the urban and rural areas of the Tehsil/ Town Municipal Administration. The Village Council or Neighbourhood Council was an elected body. The Village Council or Neighbourhood Council were constituted to perform the same functions now assigned to the Community Council or Panchayat under this Chapter except function relating to settlement of disputes performed by the Musalihat Anjuman. The Community Council or Panchayat are not elected bodies and they are required to perform the functions similar to those assigned to the Village Council or Neighbourhood Council. In addition, Community Councils and Panchayats also perform function relating to settle of civil, family or criminal dispute disputes. It is important to note that election to the Village Councils or Neighbourhood Council was never held under the Punjab Local Government Ordinance, 2001 and, thus, they did not come into existence. The concept of Village Panchayats or Neighbourhood Councils was also introduced under the Punjab Village Panchayats and Neighbourhood Councils Act, 2019 (XIV of 2019). However, the provisions of the said Act were not implemented. Under the Act, the Government shall make rules for constitution of Community Councils and Panchayats and also prescribe procedure to be adopted for amicable settlement of disputes. In addition to the performance of the assigned functions by the Community Councils and Panchayats, they may also perform any function assigned by the Union Council on such terms and conditions as may be mutually agreed.
