Procedure for Appeals/Revision Petitions Filed under Different Provisions

Procedure for Appeals/Revision Petitions Filed under Different Provisions of Punjab Panchayati Raj Act 1994

Under section 20(6), 199(4) and 201 of Punjab Panchayati Raj Act 1994 orders of subordinate officers of Department of Rural Development and Panchayats Punjab are challenged before the Administrative Secretary of the Department and H.O.D./D.R.D.R In this regard, the following procedure is prepared which shall be followed while entertaining the appeals/revision petitions filed by different persons:-

1. The court will be held on every Tuesday and Thursday at 2.30 PM in the Court room situated at ground floor of the office building. In case of a sudden holiday of any working day of the Court, the cases shall be taken up on the next working day.

2. The following staff shall be posted for the assistance of the court in the disposal of appeals filed before the Presiding Officer:-

1. Law Officer of the Department
2. One Senior Assistant-Cum-Reader
3. One clerk-cum-Record keeper
4. One Computer Operator
5. One class IV

3. One special room shall be allotted to the Reader and record keeper in the office for the safe custody of the files

4. The appeal which will be filed against the order of suspension/removal of a Panch and Sarpanch shall include the following documents:-

1. Certified copy of the impugned order
2. Copy of show cause notice
3. Copy of enquiry report
4. Copy of reply given by the appellant if any
5. Power of Attorney (Vakalatnama).

Note:- Each document shall carry a revenue stamp of Rs.10/- and in case of power of attorney it shall carry a revenue stamp of Rs.20/-.

5. In case the appellant is asking for interim relief then the appeal shall include the stay application alongwith the affidavit of appellant.

6. In case their is any delay in filing the appeal then the appeal shall include an application for condonation of delay alongwith the affidavit of appellant.

7. In case of the revision petition in which any order regarding the validity of a resolution of a Gram Panchayat has been challenged, the same shall include a typed copy of the resolution alongwith a readable copy of the resolution. Each document shall carry the revenue stamp of Rs.10/-.

8. The appellant will file as many sets of the appeal/petition in view of the respondents impleaded in the said appeal.

9. The reader shall maintain a register of such appeals and this register shall be for full one year and after the expiry of previous year, new register shall be prepared.

10. After receiving the appeal complete in all respects, the reader shall fix the said appeal for hearing on the next Court day. The said date shall be communicated to the appellant immediately after checking the appeal so that the concerned counsel shall appear in the Court.

11. That the Reader and record keeper shall maintain a separate register for caveat petitions and in case where appeal is presented after filing the caveat petition, then the appellant should be asked to supply a copy of the appeal to the caveator and obtain a receipt. It is made clear that the appeal shall only be fixed for hearing when the appellant has supplied the copy of the appeal to the caveator.

12. The appeal/revision petition/caveat shall be filed before the reader and after checking the same the reader will allot the number to the said petition and communicate the next date to the appellant.

13. The Reader shall prepare the cause list of the cases fixed before the Presiding Officer and the same shall be put on notice board of the court at 10.00 AM of the said date without any fail.

14. The Law Officer of the department shall appear before the Presiding Officer on behalf of the department and will assist the court. He shall also communicate the orders/directions passed by the court to the concerned.

15. The aforesaid procedure shall be notified in the official gazette of the Punjab Government.

Sd/-
S.R.LADHAR
Financial Commissioner
Rural Development and Panchayats, Punjab

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