TPR Act 3Chapter 0 · Preliminary

Section 3 · Declaration of a village for the purposes of this Act

(1)

On and from the date of commencement of this Act, all the villages specified in Schedule VIII shall stand and deemed to have been declared as villages by the names and jurisdiction specified in columns (4), (5), (6) and (7) thereof, for the purposes of this Act.

(2)

The Government may, subject to sub-section (3), by notification, amend or alter the Schedule, so as to,-

(a)

form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village;

(b)

increase the local area of any village;

(c)

diminish the local area of any village;

(d)

alter the boundaries of any village;

(e)

alter the name of any village;

(f)

merge a village or a part of a village to any Nagar Panchayat or Municipality or Municipal Corporation;

(g)

remove a village from the purview of this Act;

(h)

describe the area of the Village.

(3)

A copy of every notification proposed to be issued under sub-section (2), shall be laid, in draft, before each House of the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the Houses agree in disapproving the issue of notification or both the Houses agree in making any modifications in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of the State Legislature.

(4)

From the date of notification under sub-section (2), the Schedule VIII shall stand amended or altered; as notified.

(5)

The Government may pass such orders as it may deem fit,-

(a)

as to the disposal of the property vested in a Gram Panchayat which has ceased to exist, and the discharge of its liabilities; and

(b)

as to the disposal of any part of the property vested in a Gram Panchayat which has ceased to exercise jurisdiction over any local area, and the discharge of the liabilities of the Gram Panchayat relating to such property or arising from such local area;

An order made under this sub-section may contain such supplemental, incidental and consequential provisions as the Commissioner may deem necessary, and in particular may direct,-

(i)

that any tax, fee or other sum due to the Gram Panchayat or where a Gram Panchayat has ceased to exercise jurisdiction over any local area, such tax, fee, or other sum due to the Gram Panchayat as relates to that area, shall be payable to such authorities as may be specified in the order; and

(ii)

that appeals, petitions, or other applications with reference to any such tax, fee or sum which are pending on the date on which the Gram Panchayat ceased to exist or, as the case may be, on the date on which the Gram Panchayat ceased to exercise jurisdiction over the local area, shall be disposed off by such authorities as may be specified in the order.

(6)

Any decision made by the Government under this section shall not be questioned in a court of law.

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