Village Communities. 5 Every chief headman's division or part thereof so brought within the operation of this Ordinance shall be subdivided into villages or convenient groups of villages in such manner as the Governor, with the advice of the Executive Council, shall appoint. It shall be lawful for the Governor, with the like advice, from time to time to alter and amend such subdivision. III.-Rules. 6 It shall be lawful for the inhabitants of any subdivision so brought within the operation of this Ordinance to make, subject to the provisions hereinafter contained, such rules as they may deem expedient for any of the following purposes : (1) For the construction, maintenance, regulation, and protection of village paths, bridges, edandas, ambalams or madams, spouts, wells, watering and bathingplaces, fords and ferries, markets, places for the slaughter of cattle, sheep, or swine, grounds for the burial or burning of the dead, and for the conservancy of springs and water-courses. (2) For constructing and repairing school-rooms for the (3) For regulating fisheries according to local customs. (5) For encouraging the cultivation of industrial products. (7) For the putting up and preservation of land boun- (8) For the prevention and abatement of nuisances. (12) For the prevention of gambling and cock-fighting, (13) For the construction, repair, and protection of village tribunal court-houses. (14) For the determining, imposing, and enforcement of penalties incurred by officers appointed under section 11 of this Ordinance for neglect or breach of duty. (15) For the collection of tolls imposed and levied under this Ordinance. Subdivision of chief headman's division. Inhabitants may make rules. [Repealed by § 3, 10 of 1898] [§ 1, 9 of 1894] Rules, if approved by the Governor in Executive Council, shall be valid. Rules to be binding upon all, and judicial notice to be taken thereof. Rules may be added to, amended, or repealed. Village Communities. (16) For the construction and maintenance of village (17a) For imposing and enforcing an annual tax payable (176) For determining the number of days' labour to be imposed in respect of any one or more of such purposes. (17c) For calling out and compelling the performance of such labour. (18) For the prevention of loitering in thoroughfares or public places. (19) Repealed by No. 10 of 1891. (20) For making it an offence for any holder of a license under "The Licensing Ordinance, 1873,"* or any keeper of a tavern to sell, or allow any person to sell, to females any description of spirits, including intoxicating liquor as well as the produce of the cocoanut or other description of palm or sugar-cane. (21) For the enforcement of ancient customs as regards cultivation or the repair, protection, and maintenance of village tanks. (22) For any other purpose connected with, or relating to, purely village affairs. 7 The rules so prepared by the inhabitants of any subdivision shall be forthwith transmitted through the government agent of the province to the Governor for the approval or disallowance thereof of the Governor, with the advice of the Executive Council, and such of the rules as shall be approved shall be published in the Government Gazette, and shall thereupon become as legal, valid, and effectual as if the same had been inserted herein. The government agent shall also take steps to cause the rules to be proclaimed in the village or group of villages subject to their operation, in such manner as shall secure the greatest publicity thereto. Such rules, when so approved as aforesaid and published in the Government Gazette, shall be binding upon, and be observed by, all parties subject to their operation, and all courts, judges, and magistrates shall take judicial notice thereof. 8 It shall be lawful for the inhabitants of such subdivision, subject to the provisions herein contained, from time to time to add to, amend, or repeal the existing rules, Village Communities. or any of them, or any part of any of them, provided that the said additions, amendments, or repealing provisions, as the case may be, shall be in all respects dealt with and decided upon in the same manner as is herein directed and provided with respect to the original rules. 9 The Governor, with the advice of the Executive Council, may at any time, and from time to time, cancel or annul any rule previously approved of and published as provided in section 7; and such cancellation or annulment shall in like manner be published in the Government Gazette. 10 Whenever it shall be necessary to appoint an officer to carry into effect or supervise the working of any rule lawfully made or to be made by the inhabitants of any subdivision under this Ordinance, it shall be lawful for the said inhabitants to create an office for such purpose within their own subdivision, by a rule to be made subject to the approval of the Governor with the advice of the Executive Council. 11 As soon as any such office has been created, it shall be lawful for the government agent of the province within which such subdivision is situated, to appoint an officer thereto, and such appointment from time to time to revoke or annul, and in lieu thereof to make a fresh appointment to such office, as to the government agent aforesaid shall seem fit or necessary. 12 Every such officer shall, so long as he continues in office, be entitled to be paid and to receive such fees in respect of his office as may be determined by a rule to be made by such inhabitants, subject to the approval of the Governor with the advice of the Executive Council. 13 Every such officer shall be liable to pay the penalties prescribed by any rules which may be passed in accordance with the powers conferred under section 6 of this Ordinance for breach of or neglect of duty in respect of his office. IV.-Meetings and Village Committees. 14 For the purpose of making rules as above prescribed or whenever such meeting shall be necessary, the government agent may, whenever to him it shall appear advisable, or shall, upon a requisition signed by not less than ten inhabitants of any village or group forming a subdivision, call a public meeting of the inhabitants of such subdivision. Provided that in case the extent of any group of villages should render more meetings than one necessary, the government agent may hold meetings at such places as he may deem desirable. The government agent shall, one month at least before the day of holding any such meeting or meetings, cause notices to be published throughout such subdivision, in such manner as shall appear to him best adapted for giving the greatest publicity thereto, of the day and place appointed for holding such meeting or meetings, and of the object for which the same shall be held; and shall, in such notices, call upon the inhabitants to attend in person at such Power of Governor Village may create Officer to be appointed by government agent of province. Such officer to be entitled to fees; such fees to be determined by Governor in Executive Council. Such officer to be liable to penalties. Public meeting of inhabitants to be called for the purpose of making rules. Proviso. Public notice of such meeting. Power to adjourn. Proceedings at such meeting. Qualification of voter. Inhabitants may elect village committee. Duty of such committee. Proviso. Qualification of committee men. Term of office. Village Communities. meeting or meetings for the purpose aforesaid. The government agent or person presiding shall have power to adjourn any meeting once or oftener, if need be. 15 Every meeting so convened shall be held at the time and place appointed in the presence of the government agent or any other person authorized in writing by him, and at every such meeting every male inhabitant of the village, or group of villages as aforesaid, above the age of eighteen years, and who shall not have been convicted within five years before the date of the meeting, of theft, fraud, forgery, perjury, or of any infamous crime whatever, who shall be present thereat, shall be entitled to vote. It shall be the duty of the government agent, or of the person presiding, to explain to the persons assembled at the meeting the provisions of this Ordinance, and the purpose for which the meeting was convened. And such government agent or person presiding shall enter or cause to be entered in the minutes of such meeting the questions or resolutions proposed thereat, and the number of votes given for and against the same, and shall sign the said minutes, and publicly declare the result of the votes given thereat; and the said minutes shall be deposited and preserved in the provincial or district kachcheri as may be most convenient, and copies thereof shall be transmitted by the government agent to the Government. 16 It shall be lawful for the inhabitants of any subdivision, at the first or any subsequent meeting, to elect a committee of not less than six men, and, if they see fit to do so, to delegate to such committee the power of making rules conferred on such inhabitants by this Ordinance. It shall be the duty of such committee to make rules (if the power to make rules be delegated to them as aforesaid), and the same from time to time to amend, alter, and repeal, to enforce the observance of those rules, and otherwise to exercise such powers as may be conferred on them by such rules. Provided that rules made by such committee shall be subject to all the provisions of this Ordinance which apply to rules made under section 6. 17 No person shall be qualified to be elected as a member of committee who shall not be upwards of twenty-five years of age, or who shall not be possessed of real property, in his own right or in that of his wife, worth more than two hundred rupees, or who shall have been convicted of theft, fraud, forgery, perjury, or of any infamous crime. 18 The first committee elected under this Ordinance shall go out of office on the last day of March of the fifth year from their election, and in place of such committee so going out of office a like number of other committeemen, to be elected as hereinafter provided, shall come into office and remain in office for the next ensuing five years, and, at the expiration of such period of five years, shall in like manner go out of office and be succeeded by other committeemen for a like term of five years, and so on Village Communities. during the continuance of this Ordinance. Provided that any of such out-going committeemen shall be re-eligible and may be re-elected, and, in such case, continue to act and remain in office, anything herein contained to the contrary notwithstanding. 19 On any day to be fixed by the government agent within three months of the day on which any such term shall expire, a meeting shall be holden for the election of committeemen for five years next succeeding, reckoned from the first day of April next following the day of such election, and such election shall proceed in such manner and be subject, so far as the same are applicable, to such conditions as are herein before provided for the election of the committee. 20 Should the term of office of any village committee elected in pursuance of section 16 or 19 be allowed to expire before the election of a subsequent committee, it shall nevertheless be lawful for the government agent to fix a day for the election of committee men for the five years next succeeding, which five years shall be reckoned from the first day of April next preceding the day of such election. 21 Any member of a committee who shall be absent from the village for more than three months at one time, or shall be adjudicated an insolvent, or who shall be convicted of any infamous crime, or shall become incapacitated from fulfilling the duties of his office by mental or bodily infirmity or disease, shall, ipso facto, vacate his office; and in case any person elected a member of committee shall die, or become disqualified, or vacate his office in manner aforesaid, or shall resign or refuse to accept the office of a member of committee, or, in case of any casual vacancy happening in any manner whatever in any such office, the remaining members of committee shall elect a person duly qualified under section 17 to fill up the vacancy, and the person then elected shall serve until the next general election of committeemen. 22 If at any meeting any question shall be raised as to the right of any person to vote or to be elected, the government agent or person presiding shall then and there make such inquiry as he may deem requisite, and declare whether or not such person has the right of voting, or is eligible to be elected or not; and the decision so made shall be final and conclusive. And an entry shall be made in the minutes of such meeting of any such question, and of the decision thereon. 23 The inhabitants of any subdivision duly made under section 5 may, at any public meeting held under section 15, impose an annual tax upon the inhabitants of such subdivision for the payment of such number of police headmen as may be considered necessary for the protection of such subdivision, and prescribe in what manner such tax shall be recovered. Provided that such tax shall be submitted for the approval of the Governor, with the advice of the Executive Council, who may, either as regards the tax or the means proposed Meeting for election of committee men. If term of office of village committee expires before election of a subsequent committee, government agent may nevertheless fix a day for such election. Vacancies how to be filled up. Objections to voter how disposed of. Inhabitants of any subdivision may, with approval of Governor in Executive Council, impose a tax for payment of police headmen. |