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State of Uttarakhand - Section

Section 154 in Uttarakhand Panchayati Raj Act, 2016

154. Powers to compound offences.

(a)(1) Subject to any rule made in this behalf a Gram Panchayat, Kshettra Panchayat and Zila Panchayat may, either before or after the institution of any criminal case, compound an offence against this Act or any rule or bye-laws made thereunder on payment of such sum in cash to the Gram Panchayat, Kshettra Panchayat and Zila Panchayat as may be prescribed.
(2)When an offence has been compounded the offender, if is in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.All sums paid by way of composition under this section shall be credited to the Gram Fund, Kshettra Fund and Zila Fund.
(b)If through an act, neglect or default on account where of a person has incurred a penalty imposed by or under this Act or any damage to the property of the Zila Panchayat or any Kshettra Panchayat has been caused, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall, in case of dispute, be determined by the magistrate by whom the person incurring such penalty is convicted, and on nonpayment of such amount on demand the same shall be levied by distress; and such magistrate shall issue his warrant accordingly.
(c)(1) No order or direction referred to in section 67 shall be questioned in any other manner or by any other authority than is provided therein.
(2)The order of the appellate authority confirming, setting aside or modifying any such order or direction, shall be final :Provided that it shall be lawful for the appellate authority, upon application, and after giving notice to the other party, to review any order passed by him in appeal by a further order passed within three months from the date of his original order:Provided further that in case any order or direction referred to in section 67 infringes the civil right of any person, he shall be entitled to question the said order or direction in any civil court having jurisdiction in the matter.
(d)(1) If a dispute arise about the amount of compensation which the Zila Panchayat or a Kshettra Panchayat is required by this Act to pay, it shall be settled in such manner as the parties may agree, or in default of agreement by the collector upon application made to him by the Zila Panchayat, the Kshettra Panchayat or the person claiming compensation.
(2)Any decision of the collector awarding compensation shall be subject to a right of the applicant for compensation to require reference to the district judge in accordance with the procedure set forth in section 18 of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013).
(3)In those cases, in which compensation is claimed with regards to land, the collector and the district judge shall, as far as fallow such procedure or for proceedings in respect of compensation for the acquisition of land acquired for public purpose prescribed under the Act.
(e)(1) If a dispute arise between a Zila Panchayat or a Kshettra Panchayat and any other local authority on any matter in which they are jointly interested, such dispute shall the referred to the State Government whose decision shall be final.
(2)The State Government may regulate by rule the relations to be observed between Zila Panchayats and Kshettra Panchayat and other local authorities in any matter in which they are jointly interested.