धारा 228 · Repeal and Savings

(1) The following Acts are hereby repealed, namely: - (i) the Punjab Gram Panchayat Act, 1952 (Punjab Act No. IV of 1953); (ii) the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (Punjab Act No. 3 of 1961). (2) The repealing of Acts under sub-section (1) shall not - (i) affect the previous operation of the Acts so repealed or anything thereunder duly done or suffered; (ii) affect any right, privilege, obligation or liability occurred, accrued or incurred under the Acts so repealed; (iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed; and (iv) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted or continued or enforced and any such penalty, forfeiture and punishment may be imposed as if the aforesaid Acts have not been repealed. (3) Notwithstanding such repeal, anything done or any action taken under the Acts so repealed (including any notification, order, notice issued, application made or permission granted), which is not inconsistent with the provisions of this Act shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act so enforced at the time such thing so done or action so taken and shall continue to be in force unless and until superseded by anything done or any action taken under this Act. SCHEDULE I [See Sections 13, (104 and 167)] Form of oath or affirmation to be made by a Sarpanch/Panch and members of Panchayat Samitis an Zila Parishad. I, A.B., do swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Sarpanch/Panch of a Gram Panchayat or member of the Panchayat Samiti/Zila Parishad and that I will do right to all manner of people in accordance with the Constitution of India and the laws, without fear or favour, affection or ill will. SCHEDULE II (See Section 44) Offences Cognizable by a Gram Panchayat Offence Section (a) Under the Indian Penal Code, 1860 (XLV of 1860) -- Committing affray 160 Absconding to avoid service of a summons or other proceeding 172 Non-attendance in obedience to an order from public servant 174 Intentionally omitting to produce a document 175 Refusing oath or affirmation when duly required by a public servant 178 Refusing to answer a public servant authorised to question 179 Refusing to sign statement Disobedience to order duly promulgated by public servant 188 Intentional omission to give information of an offence by a person legally bound to inform 202 Intentional insult of interruption to public servant sitting in judicial proceeding 228 Offences relating to Weights and Measures mentioned in Chapter XIII 264-267 Negligently doing an act known to be likely to spread infection of any disease dangerous to life 270 Defiling the water of a public spring or reservoir 277 diacod® Danger of obstruction in public way or line of navigation 288 Omitting to guard against probable danger to human life from a building over which a person has right to pull down or repair Negligent conduct with respect to any animal Committing a public nuisance Continuance of nuisance after injunction of discontinuance Obscene songs Voluntarily causing hurt Voluntarily causing hurt on provocation Wrongfully restraining any person Assault or use of criminal force otherwise than on grave provocation 352 Assault or use of criminal force on grave and Code sudden provocation 358 Theft or dishonestly receiving or retaining stolen property where the value of the property does not exceed Rs. 250; provided that no Gram Panchayat shall take cognizance of any such complaint if the accused- 379 & 411 (i) has been previously convicted of an offence under Chapter XII or XVII of the Indian Penal Code, 1860 punishable with imprisonment of either description for a term of three years or upwards; or (ii) has previously been fined for theft or receiving or retaining stolen property by any Gram Panchayat; or (iii) is a registered habitual offender under any law for the time being in force; or (iv) has been bound over to be of good behaviour in proceedings instituted under section 109 or 110 of Code of Criminal Procedure, 1973;or (v) has had an order of restriction passed against him under the Restriction of Habitual Offenders (Punjab) Act, 1918 (V of 1918); or (vi) has been previously convicted for gambling dishonest misappropriation Criminal breach of trust 403 406 Cheating and inducting delivery of property 420 Cheating 417 Mischief when the damage or loss caused does not exceed fifty rupees in value 426 Mischief and thereby causing damage to property of value not exceeding Rs. 250 427 Mischief by killing or maiming animal of the value ofRs.10 428 Mischief by killing or maiming cattle, etc., of any value or any animal of the value of Rs.50 429 Criminal trespass 447 Insult intended to provoke a breach of the peace 504 Punishment for criminal intimidation, etc. 506 Part I only Uttering any word or making any gesture intended to insult the modesty of a woman 509 Misconduct in public by drunken person oraCiode (b) Under the Punjab Vaccination Act, 1953 (XLIX of 1953)- Punishment of Offences 16 (c) Under the Cattle Trespass Act, 1871 (I of 1871)- Forcibly opposing the seizer of cattle or rescuing the same 24 Causing damage to land or crops or public roads - by pigs (d) Under the Punjab Primary Education Act, 1960 (Punjab Act 39 of 1960)- Failure to comply with an attendance order passed under section 9 13 Penalty for contravening the provisions of section 10 (e) Under the Northern India Canal and Drainage Act, 1873 (VIII of 1873)- Offences specified in sub-section (4) of section 70 70 (f) Under the Punjab Weights and Measures (Enforcement) Act, 1958 (Punjab Act 22 of 1958)- Penalty for fraudulent use of weights or measures etc. 29 Penalty for making or selling false weights or measures 31 (g) Under the Punjab Juvenile Smoking Act, 1918 (VII of 1918)- Penalty for selling tobacco to children 3 Seizure of tobacco being smoked by juvenile in a public place (h) Under the Public Gambling Act, 1867 (II of 1867)- Penalty for owning or keeping or having charge of a gambling house 3 Penalty for being found in gambling house Penalty on persons arrested for giving false names and Addresses 7 (i) Under the Prevention of Cruelty to Animals Act, 1890 (XII of 1890)- Penalty for cruelty to animals in public places and for sale in such places Penalty for practising Phuka Penalty for killing with unnecessary cruelty anywhere 5 Penalty for being in possession of the skin of a goat killed with unnecessary cruelty 5-A Presumptions as to possession of the skin of a goat 5-B Penalty for employing anywhere animals unfit for labour 6 sad Infit for Penalty for permitting diseased animals to go at large or to die in public places 7 (j) Under the Indian Forest Act, 1927 (XVI of 1927)- Act prohibited in such forests 26 & 33 (k) Under this Act or under any rule or bye-law made thereunder (i) Under the Punjab Land Preservation (Chos) Act, 1900 (Punjab Act II 1900) 19 SCHEDULE III [See section 162(1)] Table of Fees S.No. Value of Claim Court Fee to be levied (in rupees) 1. (a) Rs. 50 or less 1 (b) From Rs. 51 to Rs. 100 (c) From Rs. 101 to Rs 150 (d) From Rs. 151 to Rs. 200 4 Code (e) From Rs. 201 to Rs. 250 5 (f) Above Rs. 250 10 2. For a complaint before the Gram Panchayat 1 3. For applications to the Gram Panchayat for execution of a decree granted by it 1 4. For a revision application 1 IndiaCode