81. Powers of Gram Panchayat regarding hindrances and obstructions to and trespass over public streets and open places.
(1)Any person who, within the Gram Panchayat area, will cause any obstruction and hindrance to and trespass over any public street or open places or any drain on such street.(a)by constructing or making any wall, fence, window, pillar, stall, varandah, terrace, stairs or any structure; or(b)by constructing any verandah, balcony, room or any other structure without the written order of the Gram Panchayat or contrary to the words mentioned in such order, in such a way that the same be protruding on any public street or on any drain situated at the said street; or(c)by removing earth, sand or other materials from any spot, as of crime; or(d)by doing cultivation in any grazing ground or other land in an unauthorised manner, may be punished with such fine as may be enacted by the government.(2)Notwithstanding any thing contained in the sub-section (1), The Gram Panchayat shall have power to remove any such obstruction or trespass and to remove any crop grown unauthorized on grazing ground or any land, not being private property, and shall also have the like power to remove any similar unauthorized obstruction or trespass or protruding portion in any open spot, not being private property, whether or not the said spot is vested in the Gram Panchayat, and the expenses incurred in such removals shall be paid by the person who has trespassed as such, and in case of failure to pay such expenses, the said expenses may be realised from the said person in accordance with the prescribed rules;Providing that notwithstanding any thing contained in sub-section (1) and in this sub-section, if the Gram Panchayat resolves to remove any obstruction, hindrance or trespass from the land vested in the State Government, it may intimate the Anchaladhikari for removal of such obstruction, hindrance or trespass from the said land and the Anchaladhikari shall take necessary action under the Chotanagpur Tenancy Act or the Santhal Pargana Tenancy Act or any other related rule for the time being in force.(3)Notwithstanding any thing contained in this section, the Gram Panchayat may give permission, according to the by-laws made under this Act, to use any public place or to make any construction or to construct protruding portion thereon temporarily according to necessity on the occasion of festivals and ceremonies in such a manner that the public or any person may not have any inconvenience.(4)The Gram Panchayat shall not pass any order in exercise of the powers under this section unless the person concerned has been given reasonable opportunity of hearing.
