Section 149 in Uttarakhand Panchayati Raj Act, 2016
149. Infringement of rules and bye-laws.
(a)While making rules the State Government and prescribed authority and while making a bye-laws may direct to Gram Panchayat that a breach by any person shall be punishable with fine which may extend to one thousand rupees and, when the breach is a continuing breach with a further fine which may extend to one hundred rupees for every day after the first conviction during which the offender is proved to have persisted in the offence, or, in default of the fine, with an imprisonment which may extend to three months or as may be prescribed.(b)(1) The powers of the State Government to make regulations under this Chapter is subject to the condition of the regulations being made after previous, publication and of their not taking effect until they have been published in the Gazette.(2)Any regulation made by the State Government may be general for all divisions or districts or for all divisions or districts not expressly excepted from its operation, or may in special for the whole or any part of any one or more than one division or district as the State Government direct.(c)(1) The powers of a Zila Panchayat to make regulations shall be subject to the condition of the regulations not taking effect until they have, been confirmed by the State Government.(2)The powers of a Zila Panchayat to make bye-laws shall be subject to the conditions of the bye-laws being made after previous publication and of their not taking effect until they have been confirmed by the prescribed authority and, published in the Gazette.(3)The prescribed authority in confirming a bye-law, or the State Government in confirming regulation, may make any change in its form that appears necessary.(4)No alteration or rescission for regulation made shall have effect unless and until it has been confirmed by the State Government and likewise to alteration or rescission of by-law by a Zila Panchayat shall have effect unless and until it has been confirmed by the prescribed authority.(5)The State Government may, after previous publication of its intention, rescind any regulation or the prescribed authority may similarly rescind any bye-law, which it has confirmed and, thereupon, the regulation or bye-raw shall cease to have effect.(d)Where any notice issued under any section of this Act or under any rule or bye-laws requires an act to be done, for which no time is fixed by such section or rule or bye-law, the notice shall specify a reasonable time for doing the same; and It shall rest with the court to determine whether the time so specified was a reasonable time within the meaning of this section.(e)(1) Every notice or bill issued or prepared under any section of this Act or under any rule or bye-law shall, unless it is in such section or rule or bye-law otherwise expressly provided, be served or presented -(a)by giving or tendering the notice or bill, or sending it by post, to the person to whom it is addressed, and(b)if such person is not found, then by leaving the notice or bill at his last known place of abode, if within the jurisdiction of the Zila Panchayat or the concerned Kshettra Panchayat , as the case may be, or by giving or tendering notice or bill to some adult male member or servant of his family, or by causing the notice or bill to be fixed on some conspicuous part of the building or land, if any, to which the notice or bill relates.(2)When a notice under this Act or under a rule or a bye-law is required or permitted by or under this Act, or under a rule or a bye-law to be served upon an owner or occupier of a building or land, the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either-(a)by giving or tendering the notice or sending it by post, to the owner or occupier, of if there be more owners or occupiers than one, to anyone of them, or(b)if no such owner or occupier is found, then by giving or tendering the notice to an adult male "member" or servant of his family, or causing the notice to be fixed on some conspicuous part , of the building or land to which the same relates.(3)Whenever the person on whom a notice or bill is to be served is a minor, service upon an adult male member or servant of his family shall be deemed to be service upon the minor.(f)No notice or bill shall be invalid for defect of form.
