TRIPURA PANCHAYATS ACT, 1993
(1) This Act may be called the Tripura Panchayats Act, 1993.(2) It shall extend to the whole of the State of Tripura except the area which has been or may hereafter be declared as, or included in, a Municipality or a notified area under the provisions of any law for the time being in force or a Cantonment under the provisions of the Cantonments Act, 1924 and except the Tripura Tribal Areas Autono#31;mous District.(3) This section shall come into force at once; the remaining sections shall come into force on such date or dates and in such area or areas as the State Government may, by notification, appoint and different dates may be appointed for different sections and for different areas.
In this Act, unless there is anything repugnant in the subject or context—(1) “auditor” means an auditor appointed under this Act and includes an officer authorised by him to perform all or any of the functions of an auditor ;(2) “bye-election” means an election held to fill a casual vacancy ;(3) “Block” means an area referred to in S. 67 or such local area in a district as the State Government may constitute to be a block ;(4) “Block Development Officer/Additional Block Development Officer” means an officer appointed as such by the State Government and includes the Additional Block Development Officer-in-charge of Block ;(5) “casual vacancy” means a vacancy occurred otherwise than by efflux of time in the office of an elected Gram Panchayat, Panchayat Samiti or Zilla Parishad ;(6) “constituency” means a constituency as determined for election of mem
(1) The State Government may, by notification published in the official Gazette, declare for the purpose of this Act, any revenue mouza or part of a revenue mouza or groups of revenue mouzas or parts thereof to be a Gram.(2) The notification under sub-S. (1) shall specify the name of the Gram by which it shall be known and shall specify the local limits of such Gram.(3) The State Government may, after making such enquiry as it may think fit and after consulting the Gram Panchayat or Gram Pan-chayats concerned constituted under the provisions of this Act, by notification published in the official Gazette—(a) exclude from any Gram any area comprised therein ;(b) include in any Gram any area contiguous to such Gram ;(c) divide the area of a Gram so as to constitute two or more Grams ; or(d) unite the areas of two or more Grams so as to constitute a sing
A Gram Sabha shall be a body consisting of persons registered in the electoral rolls relating to an area comprised within the area of Gram.
(1) When an area is excluded from a Gram under Cl. (a) of sub-S. (3) of S. 3, such area shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Gram Panchayat of that Gram and, unless the State Government otherwise directs, to the rules, orders, directions as notifications in force therein.(2) When an area is included in a Gram under Cl. (b) of sub-S. (3) of S. 3, the Gram Panchayat for that Gram shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall apply to the area as included.(3) When the area of any Gram is divided under Cl. (c) of sub-S. (3)of S. 3, so as to constitute two or more Grams, the Gram Panchayat of that Gram shall, from the da
(1) If at any time the whole of the area of a Gram is included in a Municipality, or in an area constituted as notified area under any law for the time being in force or in an area under the authority of Canton#31;ment, the Gram Panchayat concerned shall cease to exist and the properties, funds and other assets vested in the Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall vest and devolve on the commissioners of municipality or on the Notified Area Authority or on the Cantonment Authority, as the case may be.(2) If at any time, a part of the area of a Gram is included in a municipality or in an area constituted as notified area under any law for the time being in force or in an area under the authority of a canton#31;ment, the area of the Gram shall be deemed to have been reduced to the extent of the part as included in a municipality or in the area constitut#31;ed as
(1) The procedure for convening and conducting the meetings of the Gram Sabha shall be such as may be prescribed.(2) It shall be the responsibility of the Pradhan to convene the meeting of the Gram Sabha annually in such manner as specified under the Act.
There shall be constituted a vigilance committee for each Gram Sabha with such number of persons and by such authority as maybe prescribed to supervise the Gram Panchayat works, schemes and other activities and to put up reports concerning them in its meeting.
Every meeting of the Gram Sabha shall be presided over by the Pradhan of the concerned Gram Panchayat and in his absence by the Up-pradhan.
The Gram Sabha shall consider the following matters :(a) the annual statement of accounts of the Gram Panchayat, the report of administration of the preceding financial year and the last audit note and replies, if any, made thereto :(b) the budget of the Gram Panchayat for the next financial year; and(c) the report in respect of development programmes of the Gram Panchayat relating to the preceding year and develop#31;ment programmes proposed to be undertaken during the current year.
(1) For every Gram declared under S. 3 there shall be constituted a Gram Panchayat bearing the name of the Gram to exercise the powers and discharge the func#31;tions under this Act, and the members of every Gram Panchayat shall be chosen by direct election by secret ballot in such manner as may be prescribed.(2) Every Gram Panchayat shall be a body corporate having perpetual succession and a common seal and shall, subject to any restriction or condition imposed by or under this Act, or any other law for the time being in force, have power to acquire by purchase, gift or otherwise, to hold, administer and transfer property, both movable and immovable, and to enter into any contract and shall, by its name, sue or be used.(3) The Pradhan or in his absence the Up-pradhan shall convene the meeting of the Gram Panchayat after giving 15 days’ notice to the persons comprising the Gram Panchayat.
(1) The Gram Panchayat shall consist of the following members :(a) the members elected under S. 17 ; and(b) the members of the Panchayat Samitis from the contituency comprised from any part of the Gram as ex-officio member having no voting right at the time of election of the Pradhan and Up-pradhan.(2) Every Gram Panchayat shall consist of such number of elected members, not being less than nine and not being more than fifteen, as determined in accordance with such rules as may be made in this behalf by the State Government.(3) For the convenience of election, the prescribed authority shall, in accordance with such rules as may be made in this behalf by the State Government, divide the area of Gram Panchayat into territorial consti#31;tuencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it under sub-S. (2
(1) For the purpose of election of the members of every Gram Panchayat, the prescribed authority shall, in the manner prescribed—(a) divide the area of a Gram into constituencies, not being less than five and not being more than fifteen on the basis of the number of members of the Gram Panchayat determined under S. 12 ; and(b) allocate to each such constituency seats not exceeding two as the prescribed authority may think fit having regard to the extent of the area and the population of each such consti#31;tuency :Provided that division of the area of a Gram into constituencies and allocation of seat or seats to each such constituency made under this sub-section may, if necessary, be altered before each general elec#31;tion of the members of the Gram Panchayat in the manner prescribed.(2) The State Government may, at any time, call for the records connected with the div
(1) Seats of members in every Gram Panchayat shall be reserved for—(a) the Scheduled Castes ; and(b) the Scheduled Tribes,and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that Gram Panchayat area or of the Scheduled Tribes in that Gram Panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gram Pan#31;chayat, in such manner as may be prescribed.(2) Not less than one-third of the total number of seats reserved under sub-S. (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belonging to the
(1) A person shall be disqualified for being chosen as and for being a member of a Panchayat, if—(a) he is so disqualified by or under any law for the time being in force for the purpose of elections to the legislature of the State concerned :Provided that no person shall be disqualified only on ground that he is less than 25 years of age, if he has attained the age of 21 years;(b) he is so disqualified by or under any law by the legislature of the State ;(c) if he is in the service of, or holds any office of profit under the Central Government or any State Government or Auto#31;nomous District Council or any Zilla Parishad or any Pan#31;chayat Samiti or a Gram Panchayat;(d) if he has, directly or indirectly, by himself or by his partner or employee, any share or interest in any contract or employ#31;ment with, by or on behalf of the Gram Panchayat concerned :
(1) A member of a Gram Panchayat belonging to any political party shall be disqualified for being a member of the Gram Panchayat—(a) if he has voluntarily given up his membership of such political party ; or(b) if he votes or abstains from voting in the Gram Panchayat contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining in either case, the prior written permission of such political party, person or auth#31;ority and such voting or abstention has not been condoned by such political party, person or authority within thirty days from the date of such voting or abstention.Explanation. For the purpose of this sub-section, a member of a Gram Panchayat shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member.
(1) The First General Election or the General Election, as the case maybe, of the members of a Gram Panchayat shall be held under the provisions of this Act and of the rules and orders made thereunder before such date as the State Election Commission in consultation with the State Govern#31;ment may by one or more notification in the official Gazette specify.(2) A General Election to constitute the Gram Panchayat shall be held—(a) before the expiry of its duration specified in S. 18 ; or(b) before the expiration of a period of six months from the date of its dissolution.(3) Election in respect of casual or other vacancies shall be held at such time as may be prescribed.(4) If for any reason the First General Election or General Election cannot be held within the time specified in the notification referred to in sub-S. (1) or sub-S. (2), the State Election Comm
(1) Every Gram Panchayat unless sooner dissolved shall continue for five years from the date appointed for its first meeting and no longer.(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Gram Panchayat, which is function#31;ing immediately before such amendment, till the expiration of its dura#31;tion specified in sub-S. (1).(3) The General Election to constitute a Gram Panchayat shall be completed—(a) before the expiration of its duration specified in sub-S. (1) ; and(b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution :Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Gram Panchay
(1) Notwithstanding anything contained elsewhere in this Act, at the General Election of the members of a Gram Panchayat :(a) if the election of any member from any constituency cannot be held: or(b) if held, result of such election cannot be published in the official Gazette by reason of the order of a court or for any other reason, within such time as the State Government con#31;siders reasonable ;the State Government may, if it thinks expedient so to do in the interest of the administration of the Gram Panchayat concerned, by an order, direct that such of the members of the Gram Panchayat as have been elected and are able to assume office as members, shall forthwith assume such office :Provided that no order shall be made under this section unless at least two-third of the total number of members specified for the Gram Panchayat have been elected and are able to assu
(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect in the prescribed manner, one of its members to be the Pradhan and another member to be the Up-pradhan of the Gram Panchayat and any dispute relating to the validity of the election of ‘Pradhan and Up-pradhan shall be made before the prescribed authority.(2) The meeting to be held under sub-S. (1) shall be convened by the prescribed authority in the prescribed manner.(3) Seats shall be reserved in the office of Pradhan of Gram Pan#31;chayat for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved in the State shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State.(4) Not less than one-third of
(1) A Pradhan or Up-pradhan or a member of a Gram Panchayat may resign his office by writing under his hand addressed to the prescribed authority and on such resignation being accepted by such authority the Pradhan, the Up-pradhan, or the member, as the case may be, shall be deemed to have vacated his office.(2) When a resignation is accepted under sub-S. (1) the prescribed authority shall communicate it to the members of the Gram Panchayat within fifteen days of such acceptance.
(1) The prescribed opportunity to a member of a Gram Panchayat to show cause against the action proposed to be taken against him, by order remove him from office—(a) if after his election he is convicted by a criminal court for an offence involving moral turpitude and punishable with imprisonment for a period of more than six months.(b) if he was disqualified to be a member of the Gram Panchayat at the time of his election ;(c) if he incurs any of the disqualifications mentioned in Cls. (a) to (l) of sub-S. (1) of S. 15 after his election as member of the Gram Panchayat; or(d) if he is absent from five consecutive meetings of the Gram Panchayat without the leave of the Gram Panchayat.(2) Any member of a Gram Panchayat who is removed from his office by the prescribed authority under sub-S. (1) may, within thirty days from the date of the order, appeal to such a
(1) The Pradhan or the Up-pradhan of a Gram Panchayat may be removed from his office by a resolution of the Gram Panchayat carried by a majority of its existing members at a meeting specially convened for the purpose by the prescribed authority.(2) No meeting under sub-S. (1) shall be convened by the prescribed authority unless a notice in writing has been given to him by at least one-third of the existing members of the Gram Panchayat in such form and in such manner as may be prescribed.(3) The prescribed authority shall convene the meeting under sub-S. (1) after giving at least fifteen days prior notice to all the existing members of the Gram Panchayat.(4) If the motion for removal of Pradhan is under consideration, the meeting will be presided over by the Up-pradhan and if the motion for removal of Up-pradhan is under consideration, the meeting will be presided over by the Pra
In the event of removal of a Pradhan or an Up-pradhan under S. 23 or when a vacancy occurs in the office of a Pradhan or an Up-Pradhan by resignation, death or otherwise, the existing members of the Gram Panchayat shall elect, from amongst them, another Pradhan, or as the case may be, an Up-pradhan in the prescribed manner.
If the office of a member of a Gram Panchayat becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled in the manner prescribed by election of another person under the provisions of this Act and the rules made thereunder.
Every Pradhan or Up-pradhan elected under S. 24, and every member elected under S. 25 to fill a casual vacancy, shall hold office for the unexpired portion of the term of office of the person in whose place he is so elected.
(1) Every Gram Panchayat shall hold a meeting at least once in a month in the office of the Gram Panchayat and such meeting shall be held on such date and at such hour as the Gram Panchayat may fix at the immediately preceding meeting :Provided that first meeting of a newly constituted Gram Panchayat shall be held on such date and at such hour and at such place within the local limits of the Gram concerned as the prescribed authority may fix ;Provided further that the Pradhan, when required in writing by one-fifth of the members of the Gram Panchayat subject to a minimum of four members to call a meeting, shall do so within seven days, failing which the members aforesaid may call a meeting after giving intimation to the prescribed authority and seven clear days’ notice to the Pradhan and other members of the Gram Panchayat. Such meeting shall be held at such time and at such place within t
A list of business to be transacted at every meeting of a Gram Panchayat except at an adjourned meeting shall be sent to each member of the Gram Panchayat in the manner prescribed at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business of which notice has been so given, except with the approval of the majority of the members present at such meeting :Provided that if the Pradhan thinks that a situation has arisen for which an emergent meeting of the Gram Panchayat should be called, he may call such meeting after giving three days’ notice to the members.
(1) The Gram Panchayat shall place for deliberation, recommendation, and suggestions in the annual meet#31;ing of the Gram Sabha—(a) a report prepared under S. 30 and such, report shall be deemed to be modified to the extent of the recommendations and suggestions, if any, of the Gram Sabha ; and(b) the latest report on the audit of accounts of the Gram Panchayat.(2) Such other business relating to the affairs to the Gram Pan#31;chayat may also to be transacted at such annual meeting of the Gram Sabha as may be agreed upon by the persons present at such meeting.(3) Every resolution adopted in a meeting of the Gram Sabha shall be duly considered by the Gram Panchayat in its meeting and the decision and action taken by the Gram Panchayat shall form part of the report under S. 30 for the following year.
(1) The Gram Pan#31;chayat shall prepare in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year and submit to the prescribed authority and to the Panchayat Samiti concerned within the prescribed time.(2) The Gram Panchayat shall, in October and April every year, prepare a half yearly report showing the amount received by the’ Gram Panchayat during the previous half year from different sources includ#31;ing the pending balance and the amount actually spent on different items of work and a list of functionaries.(3) The Gram Panchayat shall, immediately after the preparation of the report and the list referred to in sub-S. (2), publish the same in the office of the Gram Panchayat for information of the general public.
Subject to such condi#31;tions as may be prescribed, it shall be the duty of every Gram Pan#31;chayat, so far as its funds may allow, to make reasonable provisions within the area under its jurisdiction for—(a) sanitation, conservancy and the prevention of public nuisances ;(b) curative and preventive measure in respect of malaria, small pox, cholera or any other epidemic diseases :(c) supply of drinking water and the cleaning of public streets and protection thereof;(d) the maintenance, repair and construction of public streets and protection thereof ;(e) the removal of encroachments of public streets or public places ;(f) the protection and repair of buildings and other property vested in it ;(g) the management and care of public tanks, common grazing grounds, burning ghats and public graveyards ;(h) the supply of any local info
(1) A Gram Panchayat shall also perform such other functions as the State Government may assign to it in respect of—(a) primary, social, technical, adult or vocational education ;(b) rural dispensaries, health centres and maternity and child welfare centres ;(c) management of any public ferry and markets which are not declared as regulated markets under any law for the time being in force ;(d) irrigation including minor irrigation, water management and water shed development ;(e) grow more food campaign ;(f) care of the infirm and the destitute ;(g) rehabilitation of displaced persons ;(h) improved breeding of cattle, medical treatment of cattle and prevention of cattle disease ;(i) acting as a channel through which Government assistance should reach the villages ;(j) bringing waste land under cultivation throu
Subject to such conditions as may be prescribed, a Gram Panchayat may, and shall if the State Government so directs, make provision for—(a) the maintenance of lighting of public streets ;(b) planting and maintaining trees on the sides of public streets or in other public places vested in it;(c) the establishment and maintenance of horticulture training centre ;(d) the sinking of wells and excavation of ponds and tanks ;(e) the introduction and promotion of co-operative farming, co-operative stores, and other co-operative enterprises, trades and callings ;(f) the construction and regulation of markets other than markets which are declared as regulated markets under any law for the time being in force, the holding and regulation of fairs, melas, hats and exhibitions of local produce and products of local handicrafts and home industries ;(g) t
Where the State Government assigns any function to a Gram Panchayat under S. 32 or where it directs a Gram Panchayat to make provision for any of the items enumerated in S. 33, it shall place such funds at the disposal of the Gram Panchayat as may be required for the due performance of such functions or for taking such provision, as the case may be.
(1) No person shall erect any new structure or new building or make any addition to any structure or building in any area within the jurisdiction of Gram Panchayat except in writing to the Gram Panchayat.(2) Every person seeking permission under sub-S. (1) shall make an application in writing to such authority, in such form, containing such particulars and on payment of such fee, not exceeding Rs. 10, as may be prescribed :Provided that no permission under sub-S. (1) shall be necessary for erection of any thatched structure, tin shed or tile shed without brick wall covering an area not exceeding 750 square feet ;Provided further that the State Government may by order exempt any structure or building or any class of structures or buildings from the operation of the provisions of this section.
(1) For the improvement of sanita#31;tion, a Gram Panchayat shall have the power to do all acts necessary for, and incidental to, the same and in particular and without prejudice to the generality of the foregoing power, a Gram Panchayat may by order require the owner or occupier of any land or building within such reasonable period as may be specified in the notice served upon him and after taking into consideration his financial position—(a) to close, remove, alter, repair, cleanse, disinfect, or put in good order any latrine, urinal, water closet, drain, cesspool, or other receptacle for filth, sullage, rubbish or refuse per#31;taining to such land or buildings, or to remove or alter any door or trap or construct any drain for any such latrine, urinals or water-closet which opens on to a street or drain or to shut off such latrine, urinal or water closet by a suffi#31;cient roof or wall or fence
(1) Subject to such conditions or restrictions as may be prescribed, a Gram Panchayat shall have control over all public streets and waterways within its jurisdiction other than canals constructed, maintained or controlled by the State Government, not being private property and not being under the control of the Central or State Government or any local authority, and may do all things necessary for the maintenance and repair thereof, and may—(a) construct new bridges and culverts ;(b) divert or close any such public street, bridge or culvert;(c) widen, open, enlarge or otherwise improve any such public street, bridge or culvert and with minimum damage to the neighbouring fields, plant and preserve trees on the side of such street ;(d) deepen or otherwise improve such waterways ;(e) with the sanction of the State Government or with the sanction of such officer
(1) A Gram Panchayat may, by written notice, require the owner of, or the person having control over, a private water course, spring, tank, well [or other place, the water of which is used for drinking or culinary purpose after taking into consideration his financial position to take all or any of the following steps within a reasonable period to be specified in such notice namely :(a) to keep and maintain the same in good repair ;(b) to clean the same, from time to time, of silt, refuse or decay#31;ing vegetation ;(c) to protect it from pollution ; and(d) to prevent its use, if it has become so polluted as to be hazardous to the public health :Provided that a person upon whom a notice as aforesaid has been served may within thirty days from the date of receipt of the notice, appeal to the prescribed authority against the order contained in the notice whereupo
(1) A Gram Panchayat may, by written notice, require the owner or occupier of any land or premises containing a tank or similar deposit of water after taking into con#31;sideration his financial position, not to allow water hyacinth or any other weed which may pollute water to grow thereon and to eradicate the same therefrom within such reasonable period as may be specified in the notice :Provided that a person on whom a notice as aforesaid has been served may, within thirty days from the date of receipt of the notice, appeal to the prescribed authority and it may stay the operation of the order contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal to the Gram Panchayat concerned as may be prescribed, modify, set aside or confirm the order ;Provided further that the prescribed authority shall, when it confirms or modifies the order conta
In the event of an outbreak of cholera or any other water-borne infectious disease in any locality situated within the local limits of the jurisdiction of a Gram Panchayat, the Pradhan, the Up-pradhan or any other person authoris#31;ed by the Pradhan may, during the continuance of the outbreak, with#31;out notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking and may further take such steps as he may deem fit to prevent the drawing of water therefrom.
If any work required to be done by an order contained in a notice served under Ss. 36, 37, 38, 39 and 40 is not executed, within the period specified in the notice or where an appeal is made to the prescribed authority within the fresh period as fixed by the prescribed authority in the appeal, the Gram Panchayat may, in the absence of satisfactory grounds for non-compliance, cause such work to be carried out and the cost of carrying out such work shall be recoverable as an arrear of land revenue from the person on whom the notice was served.
(1) Subject to such rules as may be prescribed, two or more Gram Panchayats may combine, by a written instrument duly subscribed by them, to appoint a Joint Committee consisting of such representatives as may be chosen by the respective Gram Panchayats for the purpose of transacting any business or carrying out any work in which they are jointly interested and may—(a) delegate to such committee the power, with such conditions as the Gram Panchayats may think fit to impose, to frame any scheme binding on each of the constituent Gram Pan#31;chayats as to the construction and maintenance of any joint work and the power which may be exercised by any such Gram Panchayat in relation to such scheme ; and(b) frame or ‘modify rules regarding the constitution of such committees and the term of office of the members thereof and the method of conducting business.(2) If any difference of opin
(1) A Zilla Parishad or Panchayat Samiti, may with the concur#31;rence of the Gram Panchayat and subject to such restrictions and con#31;ditions as may be mutually agreed upon, delegate to such Gram Pan chayat, any of its functions in the manner prescribed.(2) Where functions are delegated to Gram Panchayat, under this section, the Gram Panchayat in the discharge of such functions shall act as the agent of the Zilla Parishad or the Panchayat Samiti as the case may be.
A Gram Panchayat may, at a meeting specially convened for the pur#31;pose, by a resolution, delegate to its Pradhan such day to day duties or powers of the Gram Panchayat as it thinks fit and may at any time by a resolution withdraw or modify the same :Provided that when any financial power is delegated to a Pradhan or such power is withdrawn or modified, the Gram Panchayat shall forthwith give intimation thereof to the prescribed authority.
The State Government may, by general or special order published in the official Gazette, empower a Gram Panchayat to manage the estates and properties and all interests therein which are vested in the State and to exercise such powers, perform such functions and discharge such duties in connection therewith as may be conferred, assigned or imposed by or under any other law for the time being in force.
(1) The Pradhan shall—(a) be responsible for the maintenance of the records of the Gram Panchayat;(b) have general responsibility for the finance and the adminis#31;tration of the Gram Panchayat :(c) exercise administrative supervision and control over the work of the staff of the Grain Panchayat and the officers and employees whose services may be placed at the disposal of the Gram Panchayat by the State Government ;(d) for the transaction of business connected with this Act for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made thereunder :provided that the Pradhan shall not exercise such powers, per#31;form such functions or discharge such duties as may be required by the rules under this
(1) On the election of a new Pradhan, the retiring Pradhan or the person holding charge of the Pradhan’s office shall hand over to him the charge of the Pradhan’s office.(2) If the retiring Pradhan or the person holding charge of the Pra#31;dhan’s office fails or refuses to hand over charge of his office as required under sub-S. (1), the Director of Panchayats or any officer empowered by him in this behalf, may, by order in writing, direct the retiring Pradhan to hand over charge of his office forthwith and all papers and properties in his possession as such Pradhan to the new Pradhan.(3) If the person to whom a direction has been issued under sub-S. (2) fails to comply with the direction he shall, without prejudice to any other legal remedy against him, be punishable, on conviction by a Magistrate of competent jurisdiction, with imprisonment for a term which may extend to six months or to
(1) Every member of a Gram Panchayat may call the attention of the State Government to any neglect in the execution of any work or duty assigned by or under this Act to a Gram Panchayat, to any waste of the Panchayat property or to the wants of any locality and may suggest any improvement which may appear desirable.(2) Every member of a Gram Panchayat shall have the right to move resolution and to interpolate the Pradhan on the matters connect#31;ed with the administration of the Gram Panchayat, subject to such rules as may be prescribed.(3) Every member of a Gram Panchayat shall have access, during office hours, to the records of the Gram Panchayat for his inspection after giving due notice to the Panchayat Secretary of the Gram Pan#31;chayat who may, for reasons given in writing and with the approval of the Pradhan, refuse such access.
No Pradhan, Up-pradhan or member shall be paid from the funds at the disposal of or under the control of the Gram Panchayat any salary or remuneration for services rendered by him whether in his capacity as such or in any other capacity :Provided that the Pradhan shall be entitled to fixed honorarium and fixed travelling allowance per month at such rate as the State Gov#31;ernment by order in writing may direct from time to time ;Provided further that when an Up-pradhan exercises the powers, perform the functions and discharges the duties of the Pradhan under Circumstances specified in sub-S, (7) of S. 20 or when a member is appointed to act as Pradhan under sub-S. (8) of that section, such Up-pradhan or member shall, for the period during which he acts as such, be entitled to fixed honorarium and fixed travelling allowance at the same rates at which a Pradhan is entitled to the same under
(1) For every Gram Panchayat there shall be two Panchayat Secretaries appointed by the State Gov#31;ernment.(2) The senior Panchayat Secretary shall be ex-officio Secretary to the Panchayat and shall be in charge of the office of the Gram Pan#31;chayat and the other Panchayat Secretary shall perform such functions and discharge such duties as may be assigned to him by the Panchayat.(3) Subject to such rules and conditions as may be prescribed, the Panchayat Secretaries shall act in all matters under the control of the Pradhan through whom they shall be responsible to the Gram Panchayat.
(1) Subject to such rules as may be made by the State Government in this behalf, a Gram Panchayat may appoint such officers and employees as may be required by it and may fix the salaries and allowances to be paid to the persons so appointed :Provided that no post shall be created or abolished and no revision of scale of pay of any post shall be made by the Gram Panchayat with#31;out the prior approval of the State Government.(2) The State Government may place at the disposal of the Gram Panchayat the services of such officers or other employees serving under it on such terms and conditions as it may think fit :Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Gram Panchayat at the meeting specially convened for the purpose, by a majority of the total number of members holding office for the time b
Subject to the provisions of the Act, the rules made thereunder and to any general or special directions as the State Government may give in this behalf, the officers and other employees employed by the Gram Pan#31;chayat and the officers and other employees whose services have been placed at the disposal of the Gram Panchayat shall exercise such powers perform such functions and discharge such duties as the Gram Pan#31;chayat may determine.
A Gram Pan#31;chayat shall have power to acquire, hold and dispose of property and to enter into contracts :Provided that in all cases of acquisition or disposal of immovable property, the Gram Panchayat shall obtain the prior approval of the State Government.
(1) Subject to such restrictions or conditions as the State Government may think fit and proper, all properties of the nature specified below and situated within the local limits of a Gram Panchayat shall vest in and belong to the Gram Panchayat concerned and shall be under its direction, manage#31;ment and control and shall be held and applied for the purpose of this Act—(a) all public buildings constructed and maintained out of the funds of the Gram Panchayat ;(b) all public roads which have been constructed and maintained out of funds of the Gram Panchayat and the stones and other materials thereof and also trees, erection materials, imple#31;ments and things provided for such roads ; and(c) all lands and other properties movable or immovable trans#31;ferred to the Gram Panchayat by the State Government.(2) The State Government may, by notification, exclude any stree
The State Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of the Gram Panchayat.
(1) Where a Gram Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land and if it fails to reach an agreement, it may make an application in the manner prescribed to the Collector of the District for the acquisi#31;tion of the land and the Collector may, if he is satisfied that the land is required for public purposes, take steps to acquire the -land under any law for the time being in force for acquisition of land and such land shall, on acquisition, vest in the Gram Panchayat.(2) Subject to such conditions as may be imposed and any special reservation as may be made by the State Government, the management of all public property, markets, fairs and ferries or such portion thereof as are held upon public land and as are maintained by the State Govern#31;ment within the local limits of a Gram may be entrus
A Gram Panchayat may borrow money from the State Government or, with the sanction of the prescrib#31;ed authority from the Central Government or, from the banks or other financial institutions for furtherance of its objectives on the basis of such specific schemes as may be drawn up by the Gram Panchayat.
(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and there shall be placed to the credit thereof—(a) contributions and grants, made by the Central or the State Government including grants-in-aid from the Consolidated Fund of the State based on the recommendation of the State Finance Commission constituted under this Act ;(b) contributions and grants, if any, made by the Zilla Parishad, Panchayat Samiti or any other local authority ;(c) loans, if any, granted by the Central Government or the State Government or any of the institutions specified in this section ;(d) all receipts on account of taxes, rates, duties, tolls and fees levied by it ;(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control
(1) Subject to such rules as may be made in this behalf, a Gram Panchayat may impose yearly, on lands and buildings within the local limits of its jurisdiction, a tax at such rate as may be prescribed on the annual value of such lands and buildings to be paid by the owners and occupiers thereof.(2) The following lands and buildings shall be exempted from imposition of tax under sub-S. (1) namely,—(a) lands and buildings, the annual value of which is not more than such limit as may be prescribed ;(b) lands and buildings belonging to a local authority and used or intended to be used exclusively for a public purpose and not used or intended to be used for purposes of profit;(c) lands and buildings used exclusively for religious, educational or charitable purposes ; and(d) lands and buildings owned by the Central or State Govern#31;ment.(3) The State Gov
(1) Subject to such maximum rates as the State Government may prescribe, a Gram Panchayat may levy the following fees, rates and tolls, namely :(i) fees on the regulation of vehicles ;(ii) a fees for providing sanitary arrangements at such places of worship or pilgrimage, fair and melas within its jurisdiction as may be specified by the State Government by notification published in the manner prescribed ;(iii) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by Gram Panchayat within its jurisdiction ;(iv) a lig ting rate, where arrangement for lighting of public streets and places is made by the Gram Panchayat within its jurisdiction ;(v) a conservancy rate, where arrangement for cleaning private latrines, urinals and cesspools is made by the Gram Pan#31;chayat within its jurisdiction ;(vi)
An appeal shall lie against any order made by the Gram Panchayat impos#31;ing tax or levying rate, fee or toll in such manner as may be prescribed before the prescribed authority and the decision of the prescribed authority in appeal shall be final. 17
All dues on account of taxes, rates, tolls or fees payable to Gram Panchayat under this Act shall be recoverable as arrears of land revenue.
(1) The State Government may remit the whole or part of any tax imposed or rate, tolls or fee levied by a Gram Panchayat in respect of any period after the commencement of this Act.(2) The power exercisable by the State Government under sub-S. (1) shall also be exercisable either generally or in any specified area by the prescribed authority under such circumstances as the State Government may prescribe.(3) A Gram Panchayat may, by resolution and under such circum#31;stances as may be prescribed, remit the whole or part of any such tax, rate, toll or fee imposed or levied by it ; provided that no such resolution shall take effect unless it is approved by the prescribed authority.(4) Where any tax, rate, toll or fee has been remitted under the section any sum realised from any person on account of tax, rate, toll or fee so remitted, shall be refunded to him by the Gram Panchayat.<
(1) The Pradhan of every Gram Panchayat shall, at such time and in such manner as may be prescribed, cause to be prepared in each year a budget of its estimated income and expenditure for the following year and shall place the budget for passing in the meeting of the Gram Panchayat to be convened for the purpose and shall submit the budget to the Panchayat Samiti having jurisdiction over the area of the Gram.(2) The Panchayat Samiti may, within such time as may be prescrib#31;ed, either approve the budget or return it to the Gram Panchayat for such modifications as it may direct. On such modifications being made the budget shall be re-submitted within such time as may be prescribed for approval of the Panchayat Samiti. If approval of the Panchayat Samiti is not received by the Gram Panchayat within two months or by the last date of the year, whichever is earlier the budget shall be deemed to be approved by the
A Gram Panchayat may prepare in each year a supplementary estimate providing for any modification of its’ budget and submit it to the Panchayat Samiti for approval within such time and in such manner as may be prescribed.
Every Gram Panchayat shall keep accounts of its income and expenditure in such manner and in such form as may be prescribed.
(1) The State Government may, by notifica#31;tion, divide a District into blocks each of which shall comprise such local areas as may be specified in the notification :Provided that a Block may comprise such Grams as are not conti#31;guous or have not common boundaries and are separated by an area to which this Act does not extend or areas in which the remaining sections of this Act, referred to in sub-S. (3) of S. 1, have not come into force.(2) The notification under sub-S. (1) shall specify the name of the Block by which it shall be known and shall specify the local limits of such Block.(3) The State Government may, after making such enquiry as it may think fit and after consulting the views of the Panchayat Samiti or Samitis concerned, by notification—(a) exclude from any Block any Gram comprised therein ;(b) include in any Block any Gram contiguous to suc
(1) For each Block there shall be constituted a Panchayat Samiti having jurisdiction, save and except as otherwise provided in this Act, over the entire Block excluding such portions of the Block as are included in a Municipality or under the authority of a Municipal Corporation or a Notified Area Authority constituted under any law for the time being in force :Provided that a Panchayat Samiti may have its office in any area comprised within the excluded portion of the Block,(2) Every Panchayat Samiti shall be a body corporate by the name of the Block and shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this Act or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, or acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the ar
(1) When any Gram is excluded from a Block under Cl. (a) of sub-S. (3) of S. 67, such Gram shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Panchayat Samiti of that Block and, unless the State Government otherwise directs, to the rules, orders, directions and notifications in force therein.(2) When a Gram is included in a Block under Cl. (b) of sub-S. (3) of S. 67, the Panchayat Samiti for the Block shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in that Block shall apply to the Gram so included.(3) When the area of any Block is divided under Cl. (c) of sub-S. (3) of S. 67, so as to constitute two or more Blocks, there shall be reconstitution of the Panchay
(1) Every Panchayat Samiti shall consist of—(a) directly elected members from territorial constituencies as determined under S. 71 of this Act;(b) the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Panchayat Samiti, ex-officio ; and(c) the Pradhans of the Gram Panchayats within the Block, ex-officio. (2) The Gram Pradhans or other members of the Panchayat Samiti, whether or not chosen by direct election from territorial cons#31;tituencies in the Panchayat Samiti, shall have the right to vote in the meetings of the Panchayat Samiti except for election and removal of the Chairman and the Vice-Chairman of the Panchayat Samiti.
(1) The number of elected members of a Panchayat Samiti shall consist of persons elected from the territorial constituencies in the Panchayat area, as may be notified from time to time by the Government, at the rate of one member for every Eight thousand population or part thereof, of the Panchayat area ; so, however, that the total number of members of the Panchayat Samiti shall not exceed fifteen.(2) For election to the Panchayat Samiti, the prescribed authority shall, in accordance with such rules as may be prescribed in this behalf by the State Government, divide the Panchayat Samiti area into territorial constituencies in such manner that the population of each constituency shall, as far as practicable, be the same throughout the Panchayat Samiti area.(3) Each territorial constituency shall elect one member through direct election in the manner as prescribed.
(1) Seats shall be reserved in a Pan#31;chayat Samiti for the Scheduled Castes and the Scheduled Tribes, and the number of seats to be reserved shall bear, as nearly as may be, the same proportion, to the total number of seats to be filled by direct election in that Panchayat Samiti, as the population of the Scheduled Castes or the Scheduled Tribes in that Panchayat Samiti area bears to the total population of that area and seats may be allotted by rotation to different constituencies in a Panchayat Samiti in such manner as may be prescribed.(2) Not less than one-third of the total number of seats reserved under sub-S. (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of sea
(1) Every Panchayat Samiti unless sooner dissolved shall continue for five years from the date appointed for its first meeting and no longer.(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of Panchayat Samiti which is function#31;ing immediately before such amendment, till the expiration of its duration specified in sub-S. (1).
(1) The first general election or general election, as the case may be, of the members of a Panchayat Samiti shall be held under the provisions of this Act and of the rules and orders made in consultation with the State Government may, by one or more notification in the official Gazette, specify,(2) The general election to constitute Panchayat Samiti shall be completed—(a) before the expiry of its duration specified in sub-S. (1) of S. 73 ; and(b) in case of dissolution, before the expiration of a period of six months from the date of its dissolution :Provided that where the remainder of the period for which the dissolved Panchayat Samiti would have continued is less than six months, it shall not be necessary to hold any election under this clause for cons#31;tituting the Panchayat Samiti for such period.(3) Election in respect of casual or other vacancies sha
Subject to the other provisions contained in the Act, a person shall not be qualified to be a member of a Panchayat Samiti, if—(a) he is a member of any municipal or other local authority constituted under any law for the time being in force ;(b) he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the State of Tripura and he is so disqualified by or under any law made by the Legislature of the State of Tripura :Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years ; or(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of the Panchayat Samiti or a Gram Panchayat within the Block concerned or the Zilla Par
(1) A member of a Panchayat Samiti belonging to any political party shall be disqualified for being a member of the Panchayat Samiti—(a) if he has voluntarily given up his membership of such political party ; or(b) if he votes or abstains from voting in the Panchayat Samiti contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining in either case, the prior written permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within thirty days from the date of such voting or abstention.Explanation. For the purpose of this sub-section, a member of a Panchayat Samiti shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member.<
(1) Notwithstanding anything contained elsewhere in this Act, at a general election of the members of a Panchayat Samiti—(a) if the election of any member from any constituency cannot be held ; or(b) if held, result of such election cannot be published in the official Gazette by reason of the order of a court or for any other reason, within such time as the State Government considers reasonable, the State Government may, if it thinks expedient so to do in the interest of the administration of the Panchayat Samiti concerned, by an order, direct that such of the members of the Panchayat Samiti as have been elected and are able to assume office as members, shall forthwith assume such office.(2) Upon an order under sub-S. (1) being made, the names of the members, who have been elected and as regards the publication of the result of whose election there is no impediment, sha
(1) The directly elected members of every Panchayat Samiti shall, at its first meeting at which a quorum is present, elect in the prescribed manner one of its directly elected members to be Chairman and another member to be the Vice-Chairman of the Panchayat Samiti :Provided that the ex-officio members, such as Gram Pradhan, Member of Legislative Assembly and other ex-officio members shall not be eligible for such election ;Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that, on being elected, he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold such office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associa
(1) Seats shall be reserved in the office of the Chairman of Panchayat Samiti for the Scheduled Castes and the number of offices so reserved in the State shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State.(2) Not less than one-third of the total number of offices of Chair#31;man of Panchayat Samiti, including the number of seats reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for woman in such manner as may be prescribed :Provided that the number of offices reserved under this section shall be allotted by rotation to different Panchayat Samitis in such manner as may be prescribed within the State.(3) Save as otherwise provided under this Act, the Chairman and the Vice-Chairman
(1) A Chairman or a Vice-Chairman or a member of a Panchayat Samiti may resign his office by writing under his hand to the prescribed authority and, on such resignation being accepted, the Chairman, the Vice-Chairman or the member, as the case may be, shall be deemed to have vacated his office.(2) When a resignation is accepted under sub-S. (1), the prescribed authority shall communicate it to the members of Panchayat Samiti concerned within thirty days of such acceptance.
(1) The prescribed authority may, after giving opportunity to a member of a Panchayat Samiti (other than an ex-officio member) to show cause against the action proposed to be taken against him, by order remove him from office—(a) if, after he becomes a member, he is convicted by a criminal court for an offence involving moral turpitude and punish#31;able with imprisonment for a period of more than six months ;(b) if he was disqualified to be a member of the Panchayat Samiti at the time of his becoming a member ;(c) if he incurs any of the disqualifications mentioned in Cls. (a) to (h) of S. 75 after his becoming a member of the Panchayat Samiti ;(d) if he is absent from three consecutive meetings of the Pan#31;chayat Samiti without the leave of the Panchayat Samiti ; or(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable under thi
A Chairman or a Vice-Chairman of a Panchayat Samiti may, at any time, be removed from office by a resolution of the Panchayat Samiti carried by the majority of the existing elected members of the Panchayat Samiti at a meeting specially convened for the purpose in the prescribed manner. Notice of such meeting shall be given to prescribed authority by not less than one-fifth of the total members :Provided that in such meeting, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Vice-Chairman from his office is under consideration, the Vice-Chairman, shall not, though he is present, preside and the provisions of sub-S. (3) of S. 87 shall apply in relation to every such meeting as they apply in relation to a meeting from which the Chairman or, as the case may be, the Vice-Chairman is absent.
In the event of removal of a Chairman or a Vice-Chairman under S. 82 or when a vacancy occurs in the office of a Chairman or a Vice-Chairman by resignation, death, or otherwise, the Panchayat Samiti shall elect another Chairman or Vice-Chairman, in the prescribed manner.
If the office of a member of a Panchayat Samiti becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled by election in the prescribed manner.
Every Chairman or Vice-Chairman elected under S. 83 and a person who becomes a member under S. 84 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he is so elected.
(1) Salaries and allowances of the Chairman and the Vice-Chairman of a Panchayat Samiti shall be such as may be prescribed.(2) Every member of a Panchayat Samiti, other than the Chairman or the Vice-Chairman, shall be entitled to receive such sitting fee, as may be prescribed.
(1) Every Panchayat Samiti shall hold a meeting in its office at least once in two months (hereinafter in this section called ordinary meeting) on such date and at such hour as the Panchayat Samiti may fix at the immediately preceding meeting :Provided that the first meeting of a newly constituted Panchayat Samiti shall be held on such date and at such hour and at such place within local limits of the Block concerned as the prescribed authority may fix ;Provided further that the Chairman, when required in writing by one-fifth of the members of the Panchayat Samiti to call a meeting, after giving intimation to the prescribed authority and after giving seven days’ notice to the members of the Panchayat Samiti, shall do so fixing the date and hour of the meeting within fifteen days failing which the members aforesaid may call a meeting within thirty days after giving intimation to the prescri
A list of the business to be transacted at every meeting of a Panchayat Samiti, except at an adjourned meeting shall be sent to each member of Panchayat Samiti in the manner prescribed, along with the notice for meeting and no business shall be brought before or transacted at any meeting other than the business of which notice has been so given except with the approval of the majority of the members present at such meeting.
The Panchayat Samiti shall prepare in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year and submit to the prescribed authority and to the Zilla Parishad concerned within the prescribed time.
The Block Development Officer shall attend meetings of the Panchayat Samiti and shall participate in the deliberations thereof.
Subject to any general or special direction by the State Government, Panchayat Samiti shall perform the following functions :(A) General functions :(1) Preparation of the annual plans in respect of the scheme entrusted to it by virtue of the Act and those assigned to it by the Government or the Zilla Parishad and submission thereof to the Zilla Parishad or the prescribed authority within the prescribed time for integration with the District Plan.(2) Consideration of the annual plans of all Gram Panchayats in the Samiti area and submission of the consolidated plan to the Zilla Parishad and the prescribed authority.(3) Preparation and submission of the annual budget of the Panchayat Samiti to the Zilla Parishad and the prescribed authority alongwith the consolidated plan of the Gram Panchayats and the Panchayat Samiti.(4) Performing such functions and executing
(1) The Government may assign to a Panchayat Samiti functions in relation to any matters to which the executive authority of the Government extends or functions which have been assigned to the State Government by the Central Government.(2) The Government may, by notification, withdraw or modify the functions assigned under this section.
(1) A Panchayat Samiti shall have power to—(a) (i) undertake schemes or adopt measures, including the giving of financial assistance relating to the development of agriculture, live stock, cottage industries, co-operative move#31;ment, rural credit, water supply, irrigation, public health and sanitation including establishment of dispensaries and hos#31;pitals, communication, primary or adult education including welfare of students, social welfare and other objects of general public utility ;(ii) undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority ;(iii) manage or maintain any work of public utility or any institu#31;tion vested in it or under its control and management; and(iv) make grants in aid to any school, public institution or public welfare orga
The State Government may, from time to time, with the consent of a Panchayat Samiti, place any road, bridge, ferry, channel, building or other property vested in the State Government, and situated within the block, under the control and management of the Panchayat Samiti subject to such conditions as it may specify :Provided that the State Government may, after considering the views of the Panchayat Samiti, withdraw such control and management to itself subject to such conditions as it may specify.
A Panchayat Samiti may transfer to the State Government or to the Zilla Parishad or to a Gram Panchayat, any road or part of a road or any other property, which is under its control or management, or which is vested in it, on such terms and conditions as may be agreed upon.
A Panchayat Samiti may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as maybe agreed upon if it is required for public purpose.
A Panchayat Samiti may divert, discontinue or close temporarily any road, which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.
(1) A Pan#31;chayat Samiti may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.(2) A Panchayat Samiti shall perform such functions as may be assigned to it by notification under S. 31 of the Cattle Trespass Act, 1871.(3) A Panchayat Samiti shall exercise such other powers, perform such other functions or discharge such other duties as the State Govern#31;ment may, by general or special order, direct.
(1) A Panchayat Samiti shall exercise general power of super#31;vision over Gram Panchayats in the block and it shall be the duty of these authorities to give effect to the directions of the Panchayat Samiti.(2) A Panchayat Samiti may—(a) inspect, or cause to be inspected, by immovable property used or occupied by a Gram Panchayat within the block or any work in progress under the direction of a Gram Panchayat.(b) inspect or examine, or depute an officer to inspect or exa#31;mine any department of a Gram Panchayat, or any service, work or thing under the control of the Gram Panchayat;(c) inspect or cause to be inspected utilisation of funds in res#31;pect of schemes or programmes assigned to the Gram Pan-chayats by the State Government for execution either directly or through the Zilla Parishad or the Panchayat Samiti ; and(d) require a Gram Panchayat, for the
A Panchayat Samiti may require the owner or the lessee of a hat or market or an owner or a lessee of land intending to establish a hat or market thereon, to obtain a licence in this behalf from the Panchayat Samiti on such terms and conditions as may be prescribed and, subject to the provisions of this Act, on payment of a fee for such licence.
(1) The Chairman shall—(a) be responsible for maintenance of the records of the Pan#31;chayat Samiti ;(b) have general responsibility for the financial and executive administration of the Panchayat Samiti;(c) exercise administrative supervision and control over the work of the staff of the Panchayat Samiti and the officers and employees whose services may be placed at the disposal of the Panchayat Samiti by the State Government ;(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Panchayat Samiti under this Act or the rules made thereunder :Provided that the Chairman shall not exercise such powers, per#31;form such functions or discharge such duties as may be required by th
(1) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be the ex-officio Executive Officer :Provided that such Block Development Officer shall be recalled by the State Government if a resolution to that effect is passed by the Pan#31;chayat Samiti, at a meeting specially convened for the purpose, by two-third majority of the total number of members holding office for the time being. ,(2) There shall be a Secretary for every Panchayat Samiti and the Panchayat Officer or the Panchayat Extension Officer shall be the ex-officio Secretary.(3) Subject to such rules as may be made by the State Government, a Panchayat Samiti may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed :Provided that no post shall be created or abolished and no revision o
(1) The State Government may place at the disposal of Panchayat Samiti the services of such officers and other employees (including any officer and officials from amongst persons employed by existing local authorities) serving under it and on such terms and conditions as it may think fit:Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Pan#31;chayat Samiti at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being ;Provided further that the State Government shall have disciplinary control over such officers and employees.(2) Notwithstanding anything contained in the Act or any other law for the time being in force, the State Government or any officer or other authority authorised by it in this behalf shall have the power to effec
(1) The Executive Officer shall exercise general control over all officers and employees of the Panchayat Samiti.(2) The Executive Officer may award any punishment other than dismissal, removal or reduction in rank to an officer or employee of the Panchayat Samiti.(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee of a Panchayat Samiti to the Finance Committee and such Committee shall forward the case to the Panchayat Samiti with its own recommendation. The Panchayat Samiti may, if it is satisfied with such recommendation of the Finance Com#31;mittee, dismiss, remove or reduce in rank any such officer or employee.(4) No officer or other employee of a Panchayat Samiti shall be punished by the Panchayat Samiti except by a resolution of the Pan#31;chayat Samiti passed at a meeting.
(1) An appeal shall lie to the Panchayat Samiti against an order of punishment awarded by the Executive Officer under sub-S. (2) of S. 104 within one month from, the date of that order.(2) An appeal shall lie to the District Magistrate against an order of punishment awarded by the Panchayat Samiti under sub-S. (3) or (4) of S. 104 within one month from the date of that order.
Subject to the provisions of this Act, the rules framed thereunder and to any general or special directions given by the State Government in that behalf, the officers and other employees employed by the Panchayat Samiti and the officers and other employees whose services have been placed at the disposal of the Panchayat Samiti, shall exercise such powers, perform such functions and discharge such duties as the Pan#31;chayat Samiti may determine.
(1) The Pan#31;chayat Samiti shall have the following standing committees :(a) Finance, Audit and Planning Committee, to be known as Finance Committee ;(b) Education, Environment, Cultural, Health and Sports Affairs Committee, to be known as Education and Health Com#31;mittee ;(c) Communication, Rural Electrification and Non-Conventional Energy Committee, to be known as Works Committee ;(d) Industries including Cottage Industries and Sericulture Com#31;mittee, known as Industries Committee ;(e) Social Justice Committee ;(f) Agriculture, Food, Irrigation, Co-operation, Fisheries and Animal Husbandry Committee, to be known as Agriculture Committee ; and(g) Poverty Alleviation Programme, Social and Farm Foresty, Rural Housing and Drinking Water Committee, to be known as Poverty Alleviation Committee ;(h) Such other standing committee
(1) The Finance Committee shall perform functions relating to establishment matters and—(a) the finances of the Panchayat Samiti, framing of budget, scrutinising proposals for increase of revenue, examination of receipt and expenditure statements, consideration of all proposals affecting the finances of the Panchayat Samiti and general supervision of revenue and expenditure of the Pan#31;chayat Samiti; and(b) the plan priorities, allocation of outlays to development programmes, horizontal and vertical linkages, implementation of guidelines issued by the Government, regular review of planning programmes, evaluation of important programmes and small savings schemes.(2) The Education and Health Committee shall perform functions relating to—(a) all educational, environmental and sports activities of the Panchayat Samiti;(b) the planning of education in the block w
(1) The Panchayat Samiti may frame regulations relating to election of members of the committees, conduct of business therein and all other matters relating to them.(2) The President of every committee shall in respect of the work of the committee be entitled to call for any information, return, state#31;ment, or report from the office of the Panchayat Samiti and to enter on and inspect any immovable property of the Panchayat Samiti or watch the programmes connected with the work of the committee.(3) Each committee shall be entitled to require attendance at its meeting of any officer of the Panchayat Samiti who is connected with the work of the committee. The Secretary shall, under instruction of the committee, issue notices and secure attendance of the officer.(4) The Secretary to the standing committee shall, in consultation with the President, convene the meetings of that comm
(1) There shall be an Executive Com#31;mittee for every Panchayat Samiti consisting of the Chairman, the Vice-Chairman and the Presidents of all standing committees and the Executive Officer of the Panchayat Samiti.(2) The Secretary of the Panchayat Samiti shall act as the Secretary of the Executive Committee.(3) The meeting of the Executive Committee shall be held at least Once in a month in the office of the Panchayat Samiti in such manner as may be prescribed.(4) The Executive Committee shall be responsible for co-coordinating the functions between a standing committee and the Panchayat Samiti and among the different standing committees of the Panchayat Samiti and for monitoring activities of the Gram Panchayats in respect of the schemes, for which funds are allotted by the Panchayat Samiti to the Gram Panchayats for execution of such schemes.(5) The Executive Commit
When a vacancy occurs in the office of a President or a member of a standing committee by resignation, death or otherwise, the members of the standing committee shall select an#31;other President, or the members of the Panchayat Samiti shall select another member, as the case may be, in the prescribed manner. The President or the member so elected shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a President or a member.
(1) A Panchayat Samiti shall have the power to acquire, hold and dispose of property and to enter into contracts :Provided that in all cases of acquisition or disposal of immovable property, the Panchayat Samiti shall obtain the previous approval of the State Government.(2) All roads, buildings or other works constructed by Panchayat Samiti with its own funds shall vest in it.(3) The State Government may allocate to a Panchayat Samiti any public property situated within its jurisdiction and thereupon such pro#31;perty shall vest in and come under the control of the Panchayat Samiti.(4) Where a Panchayat Samiti requires land to carry out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the District Magistrate and Collector for the acquisition
(1) For every Panchayat Samiti, there shall be constituted a Panchayat Samiti Fund bearing the name of the Panchayat Samiti and there shall be placed to the credit thereof—(a) contributions and grants, if any, made by the Central or the State Government, including such part of the land revenue collected in the State as may be determined by the State Government ;(b) contributions and grants, if any, made by the Zilla Parishad or any other local authority ;(c) loans, if any, granted by the Central or the State Govern#31;ment, or raised by the Panchayat Samiti on security of its assets ;(d) all receipts on accounts of taxes, tolls, rates and fees levied by the Panchayat Samiti;(e) all receipts in respect of schools, hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under the control and management of the Panchayat Samit
(1) Subject to such maximum rates as the State Government prescribes, a Panchayat Samiti may—(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a kutcha road or any bridge vested in it or under its manage#31;ment ;(b) levy tolls in respect of any ferry established by it or under its management ;(c) levy the following fees and rates, namely,—(i) fees on the registration of vehicles ;(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its juris#31;diction as may be specified by the Government by notification;(iii) a fee for licence for a hat or market ;(iv) a water rate where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Panchayat Samiti within its jurisdiction
All dues on account of taxes, rates, tolls or fees payable to Panchayat Samiti under this Act shall be recoverable as arrears of land revenue.
(1) The State Government may remit the whole or part of any tax imposed or rate, toll or fee levied by a Panchayat Samiti in respect of any period after the commencement of this Act.(2) The power exercisable by the State Government under sub-S. (1) shall also be exercisable either generally or in any specified area by the prescribed authority under such circumstances as the State Gov#31;ernment may prescribe.(3) A Panchayat Samiti may, by resolution and under such circum#31;stances as may be prescribed, remit the whole or part of any such tax, rate, toll or fee imposed or levied by it ; provided that no such resolu#31;tion shall take effect unless it is approved by the prescribed authority.(4) Where any tax, rate, toll or fee has been remitted under this section, any sum realised from any person on account of tax, rate, toll or fee as remitted, shall be refunded to him by the Pan
(1) A Panchayat Samiti may subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repayment of such loans.(2) A Panchayat Samiti may borrow money from the State Government or, with the previous sanction of the State Government, from the Central Government or the banks or the financial institutions, for furtherance of its objectives on the basis of specific schemes, as may be drawn up by the Panchayat Samiti for the purpose.
(1) Every Panchayat Samiti shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and submit the budget to the Zilla Parishad or prescribed authority.(2) The Zilla Parishad or the prescribed authority, within such time as may be prescribed, shall either approve the budget or return it to the Panchayat Samiti for such modifications as it may direct. On such modifications being made, the budget shall be resubmitted within such time as may be fixed by the Zilla Parishad or the prescribed authority. If the approval of the Zilla Parishad or the prescribed authority is not received by the Panchayat Samiti within two months or by the last date of the year, whichever is earlier, the budget shall be deemed to be approved by the Zilla Parishad or the prescribed authority, as the case may be.(3) No
A Panchayat Samiti shall keep such accounts and in such form as may be prescribed.
(1) Save as otherwise expressly provided under this Act, the Executive Officer, shall—(a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law for the time being in force ;(b) lay down the duties of, and supervise and control, officers and officials of, or holding office under the Panchayat Samiti, in accordance with rules made by the State Government;(c) supervise and control the execution of all works of the Panchayat Samiti;(d) take necessary measures for the speedy execution of all works and developmental schemes of the Panchayat Samiti ;(e) have custody of all papers and documents connected with the proceedings of the meetings of the Panchayat Samiti and of its committees;(f) draw and disburse money out of the Panchayat Samiti Fund ; and(g) exercise such other powers and dischar
(1) For every District there shall be constituted a Zilla Parishad bearing the name of the District having jurisdiction, save as otherwise provided in this Act, over the entire District excluding such portions of the District as are included in the Tripura Tribal Areas Autonomous District or a Municipality or in a Notified Area Authority, constituted under any law for the time being in force :Provided the Zilla Parishad may have its office in any area compris#31;ed within the excluded portion of the District.(2) Every Zilla Parishad shall be a body corporate having perpetual succession and a common seal and, subject to such restrictions as are imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area ove
(1) The Zilla Parishad shall consist of—(a) the members directly elected from territorial constituencies in the district under S. 126 ;(b) the Chairman of all Panchayat Samitis within the District, ex-officio ;(c) the members of the House of the People and the members of the State Legislative Assembly representing part or whole of the District whose constituencies lie within the District, ex-officio.(2) All members of the Zilla Parishad whether or not elected by direct election from territorial constituencies in the Zilla Parishad area shall have the right to vote in the meeting of the Zilla Parishad except for election and removal of Sabhadhipati and Sahakari Sabhadhipati.(3) Every Zilla Parishad constituted under this section shall be notified in the official Gazette.
(1) The State Government may, by notification in the official Gazette, determine the number of directly elected members from territorial constituencies keeping in view the total population of the district at a rate of one member for every 25,000 population or part thereof.(2) For the convenience of election, the prescribed authority shall, in accordance with such rules as may be prescribed in this behalf by the Government—(a) divide the area of the Zilla Parishad into territorial constitu#31;encies in such manner that population of each constituency, shall, as far as practicable, be the same throughout the Zilla Parishad.(b) each territorial constituency will elect one member through direct election in the manner prescribed.
(1) Seats shall be reserved for— (a) the Scheduled Castes ; and(b) the Scheduled Tribes ;in every Zilla Parishad and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Zilla Parishad as the population of the Scheduled Castes in that Zilla Parishad area or of the Scheduled Tribes in that Zilla Parishad area, as the case may be, bears to the total population of that area and such seats may be allotted by rotation to different constituencies in Zilla Parishad in such manner as may be prescribed.(2) Not less than one-third of the total number of seats reserved under sub-S. (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belon
(1) Every Zilla Parishad, except as otherwise provided in this Act, shall continue for five years from the date appointed for its first meeting and no longer.(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of Zilla Parishad, which is functioning immediately before such amendment, till the expiration of duration specified under sub-S. (1).
(1) The first general election or the general election, as the case may be, of the members of a Zilla Parishad shall be held under the provisions of this Act and of the rules and orders made thereunder before such date as the State Election Commission in consultation with the State Government may, by one or more notifications in the official Gazette, specify.(2) There shall be held a general election to constitute a Zilla Parishad—(a) before expiry of its duration specified in sub-S. (1) of S. 125 ; and(b) in case of dissolution, before the expiry of a period of six months from the date of such dissolution :Provided that where the remainder of the period for which the dissolved Zilla Parishad would have continued is less than six months, it shall not be necessary to hold any election under this clause for cons#31;tituting the Zilla Parishad for such period.(3)
A person shall not be qualified to be a member of Zilla Parishad if,—(a) he is a member of any Municipality/Notified Area Authority constituted under any law for the time being in force ;(b) he is in the services of Central or State Government ;(c) he is so disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State of Tripura ;Provided that no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years ;(d) he is so disqualified by or under any law made by the Legislature of the State of Tripura ;(e) he has been dismissed from the services of the Central or State Government or a local authority or a co-operative society or a Government company or a corporation under control of the Central or the State Government for miscon duct
(1) A member of a Zilla Parishad belonging to any political party shall be disqualified for being a member of the Zilla Parishad—(a) if he has voluntarily given up his membership of such poli#31;tical party ; or(b) if he votes or abstains from voting in the Zilla Parishad contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining in either case, the prior written permission of such political party, person or auth#31;ority and such voting or abstention has not been condoned by such political party, person or authority within thirty days from the date of such voting or abstention.Explanation. For the purpose of this sub-section, a member of Zilla Parishad shall be deemed to belong to the political party, if any, by which he was set up as candidate for election as such member.
(1) Notwithstanding anything contained elsewhere in this Act, at a general election of the member of a Zilla Parishad—(a) if the election of any member from any constituency cannot be held ; or(b) if held, result of such election cannot be published in the official Gazette by reason of the order of a court for any other reason within such time as the State Government considers reasonable,the State Government may, if it thinks expedient so to do in the interest of the administration of the Zilla Parishad concerned, by an order, direct that such of the members of the Zilla Parishad as have been elected and are able to assume office as members, shall forthwith assume such office :Provided that no order shall be made under this section unless at least two-third of the total number of members as specified for the Zilla Parishad have been elected and are able to assume office
(1) The directly elected members of every Zilla Parishad shall, at its first meeting at which a quorum is present, elect in the prescribed manner, one of its directly elected members to be the Sabhadhipati and another member to be the Sahakari Sabhadhipati of the Zilla Parishad :Provided that a member shall not be eligible for such election unless he declares in writing that on being elected he shall be a wholetime functionary of his office and that during the period for which he holds or is continuing to hold such office he shall not hold any office of profit and shall not carry on or be associated with any business, profession or calling in such manner that shall, or is likely to, interfere with due exercise of his powers, due performance of his functions or due dis#31;charge of his duties.(2) The meeting to be held under sub-S. (1) shall be convened by the prescribed authority in the pr
(1) Seats shall be reserved in the office of the Sabhadhipati for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved in the State shall bear, as nearly as may be, the same proportion to the total number of such offices as the popu#31;lation of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State.(2) Not less than one-third of the total number of offices of Sabha#31;dhipati in the State from each category reserved for persons belonging to the Scheduled Castes and the Scheduled Tribes and those which are unreserved, shall be reserved for women :Provided that the number of offices reserved under this section shall be allotted by rotation to different Zilla Parishads in such manner as may be prescribed within the State.
(1) Salary and allowances of the Sabhadhipati and Sahakari Sabhadhipati shall be such as may be prescribed.(2) Every member of the Zilla Parishad, other than Sabhadhipati and Sahakari Sabhadhipati, shall be entitled to receive such sitting fee as may be prescribed :Provided that the members nominated and ex-officio members shall not be entitled to receive any such sitting fee.
(1) The Sabhadhipati or Sahakari Sabhadhipati or a member of Zilla Parishad may resign his office by notice in writing expressing his intention to do so to the prescribed authority and, on such resignation being accepted, the Sabhadhipati, the Sahakari Sabhadhipati or the member, as the case may be, shall be deemed to have vacated his office.(2) When a resignation is accepted under sub-S. (1), the prescribed authority shall communicate it to the members of the Zilla Parishad within thirty days of such acceptance.
(1) The prescribed authority may, after giving opportunity to a member of a Zilla Parishad other than ex-officio members, to show cause against the action proposed to be taken against him, by order, remove him from office—(a) if, after his election, he is convicted by a criminal court for an offence involving moral turpitude ;(b) if he was disqualified to be a member of Zilla Parishad at the time of his election ;(c) if he incurs any of the disqualifications as mentioned in S. 127 after his election as a member of Zilla Parishad ; or(d) if he is absent from three consecutive meetings of the Zilla Parishad without leave of the Zilla Parishad authority.(2) Any member of a Zilla Parishad who is removed from his office by the prescribed authority under sub-S. (1) may, within thirty days from the date of order, appeal to such authority as the State Govern#31;ment m
(1) A Sabhadhipati or a Sahakari Sabhadhipati of a Zilla Parishad may, at any time, be removed from his office by a resolution of the Zilla Parishad carried by the majority of the existing elected members of Zilla Parishad at a meeting specially convened for this purpose. Notice of such meeting shall be signed by not less than one-fifth of the total members and given to the prescribed authority. The meeting shall be held on a day not later than the fifteenth day from the date of issue of notice of the meeting. The meeting shall be presided over by the Sabhadhipati if the motion is against Sahakari Sabhadhipati, and if the motion is against the Sahakari Sabhadhipati, by the Sabhadhipati, or an elected member, if it is against both.(2) If the motion of no-confidence against Sabhadhipati or Sahakari Sabhadhipati or both is once rejected, no fresh motion of no-confidence against the Sabhadhipati or Saha
If the office of .Sabhadhipati or Sahakari Sabhadhipati falls vacant or in the event of removal of Sabha#31;dhipati or Sahakari Sabhadhipati under S. 135 or when vacancy occurs in the office of Sabhadhipati or Sahakari Sabhadhipati by resignation, death or otherwise, elected members of the Zilla Parishad shall elect another Sabhadhipati or Sahakari Sabhadhipati in the prescribed manner.
If the office of an elected member of a Zilla Parishad becomes vacant by resignation, death, removal or otherwise, the vacancy shall be filled by election in the prescribed manner.
Every Sabhadhipati or Sahakari Sabhadhipati elected under S. 136 and every member elected under S. 137 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he is so elected.
(1) Every Zilla Parishad shall hold meeting in its office at least once in every three months on such date and at such hour as the Zilla Parishad may fix at the immediately preceding meeting :Provided that the first meeting of a newly constituted Zilla Parishad shall be held at such time and at such place within the local limits of the District concerned as the prescribed authority may fix ;Provided further that the Sabhadhipati, when required in writing by one-fifth of the members of a Zilla Parishad to call a meeting, shall do so, fixing the date and hour of the meeting within fifteen days after giving intimation to the prescribed authority and seven clear days’ notice to the members of the Zilla Parishad, failing which the members aforesaid may call a meeting within thirty days after giving intimation to the prescribed authority and seven days’ notice to the Sabhadhipati and other membe
A list of business to be transacted at every meeting of the Zilla Parishad, except at adjourned meeting, shall be sent to each member of the Zilla Parishad in the manner prescribed at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting other than business of which notice has been given except with the approval of the majority of the members present at such meeting :Provided that if the Sabhadhipati thinks that a situation has arisen for which an emergent meeting of the Zilla Parishad should be called, he may call such meeting after giving three days’ notice to the members;Provided further that not more than one business shall be included in the list of business to be transacted at such emergent meeting.
The Zilla Parishad shall prepare and submit annually, in the prescribed manner, a report of the work done during the previous year and the work proposed to be done during the following year to the prescribed authority within the prescribed time.
The District Magistrate and Collector or the Additional District Magistrate and Collector shall attend meetings of the Zilla Parishad and shall parti#31;cipate in the deliberations thereof.
(1) Subject to any general or special direction of the State Government, it shall be the function of a Zilla Parishad to prepare plans for economic development and social justice of the District, and to ensure the co-ordinated implementation of such plans in respect of matters including those enumerated below :(A) Agriculture :(1) Promotion of measures to increase agricultural production and to popularise the use of improved agricultural implements and the adoption of improved agricultural practices.(2) Assisting in opening and maintenance of agricultural seed farms and commercial farms.(3) Assisting in establishment and maintenance of godowns.(4) Conducting agricultural fairs and exhibitions.(5) Training of farmers.(6) Land improvement and soil conservation.(B) Irrigation, ground water resources and watershed development :
(1) Subject to the general or special orders of the State Government, Zilla Parishad may__(a) incur expenditure on education or medical relief ; or(b) provide Tor carrying out any worker measures likely to promote health, safety, education, comfort, convenience, or social or economic comfort or cultural well-being of the inhabitants of the District.(2) Zilla Parishad shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and in particular, and without prejudice to foregoing powers, to exercise all powers specified under this Act.
(1) The Government may assign to Zilla Parishad functions in relation to any matters to which the executive authority of the Government extends or in respect of functions which have been assigned to the State Government by the Central Government.(2) The Government may, by notification, withdraw or modify the functions assigned under this section.
Zilla Parishad may, by notification, delegate to Chief Executive Officer or any other officer any of the powers conferred by or under this Act on Zilla Parishad.
The State Government may, from time to time, with the consent of Zilla Parishad place any road, bridge, ferry, channel, building and other properties vested in the State Government and situate within the District under the control or management of Zilla Parishad subject to such conditions as it may specify :Provided that the State Government may, after considering the views of Zilla Parishad, withdraw such control and management subject to such condition as it may specify.
A Zilla Parishad may transfer to the State Government, the Commissioners of the Municipality, a Panchayat Samiti or a Gram Panchayat any road or part of a road or any other property which is under its control or management or which is vested in it on such terms and conditions as may be agreed upon.
(1) Zilla Parishad may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.(2) Zilla Parishad shall perform such functions as may be transfer#31;red to it by notification under S. 31 of the Cattle Trespass Act, 1871.(3) Zilla Parishad shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.
(1) Zilla Parishad shall exercise general power of supervision over the Panchayat Samitis and Gram Panchayats in the District and it shall be the duty of these authorities to give effect to any directions of Zilla Parishad.(2) Zilla Parishad may—(a) inspect or cause to be inspected, any immovable property used or occupied by a Panchayat Samiti under it or any work in progress under the direction of the Panchayat Samiti:(b) inspect, or examine or depute an officer to inspect, or examine, any department of a Panchayat Samiti or any service, work or thing under the control of the Panchayat Samiti ;(c) inspect, or cause to be inspected, utilisation of functions in respect of schemes or programmes assigned to a Panchayat Samiti by the State Government for execution either directly or through Zilla Parishad ; and(d) require a Panchayat Samiti, for the purpose of ins
(1) The Sabhadhidati shall—(a) be responsible for the maintenance of the records of the Zilla Parishad ;(b) have general responsibility for the financial and executive administration of the Zilla Parishad ;(c) exercise administrative supervision over all officers and other employees of the Zilla Parishad and the officers and employees whose services may be placed at the disposal of the Zilla Parishad by the State Government ;(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Zilla Parishad under this Act or the rules made there#31;under :Provided that the Sabhadhipati shall not exercise such powers, perform such functions or discharge such duties as may be required by the
(1) Zilla Parishad shall have the following standing committees namely :(a) Finance, Audit and Planning Committee ;(b) Education, Environment, Cultural, Health and Sports Affairs;(c) Communication, Rural Electrification and Non-conventional Energy ;(d) Industries including cottage industries and sericulture ;(e) Social Justice Committee ;(f) Agriculture, Food, Irrigation, Co-operation, Fishery, and Animal Husbandry ;(g) Poverty Alleviation Programme, Social and Farm Forestry, Rural Housing and Drinking Water ; and(h) such other standing committee or committees as the Zilla Parishad may, subject to the approval of the State Govern#31;ment, constitute.(2) A standing committee shall consist of the following members namely,—(a) the Sabhadhipati and the Sahakari Sabhadhipati, ex-officio :(b) not less than
(1) The Finance, Audit and Planning Committee shall perform the functions relating to—(a) establishment matters, the finances of the Zilla Parishad, framing of budget, scrutinising proposals for increase of revenue, examination of receipt and expenditure statements, consideration of all proposals affecting the finances of the Zilla Parishad and general supervision of the revenue and expenditure of the Zilla Parishad ; and(b) the plan priorities, allocation of outlays to development programmes, horizontal and vertical linkages, implementation of guidelines issued by the Government, regular review of planning programmes, evaluation of important programmes and small savings schemes.(2) The Education, Environment and Health Committee shall per#31;form the following functions :(a) be incharge of all educational, environmental and sports activities of the Zilla Parishad ;
(1) The members of a standing com#31;mittee shall elect, in such manner as may be prescribed, a Chairman to be called President, from among themselves :Provided that the Sabhadhipati shall be the ex-officio President of the Finance, Audit and Planning Committee.(2) The Secretary of the Zilla Parishad shall act as the Secretary to all standing committees :Provided that a standing committee may select, in such manner, as determined by the President, one of the members referred to in Cl. (d) of sub-S. (2) of S. 152 to act as the Secretary to such standing committee only.(3) The Secretary to each standing committee shall, in consultation with the President, convene the meeting of that standing committee.(4) The President shall be paid out of the Zilla Parishad fund such sitting fees, and shall be entitled to leave of absence for such period or periods, and on such
The President or any member of standing com#31;mittee may resign his office by giving notice to the Sabhadhipati and, on such resignation being accepted by the Zilla Parishad, the President or such member shall be deemed to have vacated his office.
(1) There shall be an Executive Com#31;mittee for every Zilla Parishad consisting of the Sabhadhipati and the Sahakari Sabhadhipati and Presidents of all State Committees, the Chief Executive Officer and the Additional Chief Executive Officer of the Zilla Parishad.(2) The Secretary of the Zilla Parishad shall be the Secretary to the Executive Committee.(3) The meeting of the Executive Committee shall be held at least once in two months in the office of the Zilla Parishad in such manner as may be prescribed.(4) The Executive Committee shall be responsible for co-coordinating the functions between the standing committee and the Zilla Parishad and among the different standing committees of the Zilla Parishad and for monitoring of activities of the Panchayat Samitis in respect of the schemes, funds or which are allotted by the Zilla Parishad to the Pan#31;chayat Samitis for execution
(1) There shall be a Chief Executive Officer, who shall be the District Magistrate, for every Zilla Parishad appointed by the State Government on such terms and conditions as may be prescribed :Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by two-third majority of the total number of members holding office for the time being.(2) The State Government may appoint an Additional Chief Execu#31;tive Officer not below the rank of Additional District Magistrate for a Zilla Parishad on such terms and conditions as may be prescribed :Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad at a meeting specially convened for the purpose, by a majority of the t
The State Government may place at the dis#31;posal of Zilla Parishad, services of such officers or other employees serving under it and on such terms and conditions as it may think fit :Provided that any such officer or employee shall be called by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being.
The State Government shall have disciplinary control over the Chief Executive Officer, the Additional Chief Executive Officer, Secretary and officers and employees whose services are placed at the disposal of the Zilla Parishad under S. 158.
(1) The Chief Executive Officer shall exercise control over all officers and other employees of the Zilla Parishad.(2) The Chief Executive Officer may award any punishment, other than dismissal, removal or reduction in rank to an officer or employee of the Zilla Parishad in the prescribed manner.(3) No officer or other employee of the Zilla Parishad shall be dis#31;missed, removed or reduced in rank by the Zilla Parishad except by resolution of the Zilla Parishad passed at a meeting after following the prescribed procedure.
(1) An appeal shall lie to the Zilla Parishad against an order of punishment awarded by the Chief Executive Officer under sub-S. (2) of S. 160 within one month from the date of the order.(2) An appeal shall lie to the State Government against an order of punishment awarded by the Zilla Parishad under sub-S. (3) of S. 160 within one month from the date of that order.
Subject to the provisions of this Act, and rules framed thereunder and to any general or special directions given by the State Government in that behalf, the officers and other employees employed by the Zilla Parishad and the officers and other employees whose services have been placed at the disposal of Zilla Parishad shall exercise such powers, per#31;form such functions and discharge such duties, as the Zilla Parishad may determine.
A Zilla Parishad shall have the power to acquire, hold and dispose of any property and to enter into contracts :Provided that in all cases of acquisition or disposal of immovable property, the Zilla Parishad shall obtain the previous approval of the State Government.
All roads, buildings or other works constructed by the Zilla Parishad with its own funds shall vest in it.
The State Govern#31;ment may allocate to a Zilla Parishad any public property situated within its jurisdiction, and thereupon, such property shall vest in and come under the control of Zilla Parishad.
Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may negotiate with any person or persons having interest in the said land and if it fails to reach an agreement, it may make an application to the District Magistrate and Collector who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Land Acquisition Act and such land shall on acquisition, vest in the Zilla Parishad,
(1) For every Zilla Parishad there shall be constituted a Zilla Parishad Fund bearing the name of the Zilla Parishad and there shall be placed to the credit thereof—(a) contribution and grants, if any, made by the Central or the State Government including such parts of land revenue collected in the State as determined by the State Govern#31;ment ;(b) contribution and grant, if any, made by the Panchayat Samiti or any other local authority ;(c) loans, if any granted by the Central or State Government or raised by the Zilla Parishad on security of its assets with the permission of the State Government;(d) the proceeds of road cess and public works cess levied in the District ;(e) all receipts on account of tolls, taxes, rates and fees levied by the Zilla Parishad ;(f) all receipts in respect of any schools, hospitals, dispensaries, buildings, instituti
(1) Subject to such maximum rates as the State Government may prescribe, a Zilla Parishad may—(a) levy tolls on persons, vehicles or animals or any class of them at any toll bar established by it on any road other than a kutcha road or any bridge vested in it or under its management;(b) levy tolls in respect of any ferry established by it or under its management; and(c) levy the following fees and rates, namely :(i) fees on the registration of boats or vehicles ;(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its juris#31;diction as may be specified by the Government by notification ;(iii) a fee for licence for fair or mela ;(iv) a lighting rate where arrangement for lighting of public streets and places is made by the Zilla Parishad within its jurisdiction ; and(v) wa
All dues on account of rates, tolls or fees payable to a Zilla Parishad under this Act shall be recoverable as arrears of land revenue.
(1) The State Government may remit the whole or part of any rate, toll or fee levied by a Zilla Parishad in respect of any period after the commencement of this Act.(2) The power exercisable by the State Government under sub-S. (1) shall also be exercisable. Either generally or in any specified area, by the prescribed authority under such circumstances as the State Gov#31;ernment may prescribe.(3) A Zilla Parishad may, by resolution and under such circum#31;stances as may be prescribed, remit the whole or part of any such rate, toll or fee levied by it; provided that no such resolution shall take effect unless it is approved by the prescribed authority.(4) Where any rate, toll or fee has been remitted under this section any sum on account of rate, toll or fee, as remitted, shall be refunded {o him by the Zilla Parishad.
A Zilla Parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the State Government, loans for the purposes of this Act and create a sinking fund for the repay#31;ment of such loans.
Notwithstanding contain#31;ed in S. 171, a Zilla Parishad may borrow money from the State Gov#31;ernment or, with the previous sanction of the State Government, from the Central Government or banks or other financial institutions, for furtherance of its objectives on the basis of specific schemes as may be drawn up by the Zilla Parishad for the purpose.
(1) Every Zilla Parishad shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the follow#31;ing year and submit it to the State Government.(2) The State Government may, within such time as may be pres#31;cribed, either approve the budget or return it to the Zilla Parishad for such modifications as it may direct and on such modifications being made, the budget shall be re-submitted within such time as may be prescribed for approval of the State Government. If the approval of the State Government is not received by the Zilla Parishad, within two months, or the last day of the year, whichever is earlier, the budget shall be deemed to be approved by the State Government.(3) No expenditure shall be incurred unless the budget is approved by the State Government except in the prescribed manner.
The Zilla Parishad may prepare in each year a supplementary estimate providing for any modification of its budget and may submit it to the State Government for approval within such time and in such manner as may be prescribed.
A Zilla Parishad shall keep such accounts in such manner as may be prescribed.
(1) There shall be a State Panchayat Election Commission constituted by the Governor for superintendence, direction and control of the preparation of electoral rolls and for the conduct of all elections to the Panchayat bodies in this State under this Act and rules made thereunder. The Commission shall consist of a State Election Commissioner to be appointed by the Governor.(2) The conditions of service and tenure of the office of the Election Commissioner shall be such as the Governor may by rule determine :Provided that the State Election Commissioner shall not be remov#31;ed from his office except in like manner and on like grounds as a Judge of the High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appoint#31;ment.(3) The State Government shall, when so requested by the State Election Commissioner, make available
For each constituency, there shall be an electoral roll showing the names of the persons qualified to vote. The electoral roll shall be prepared in accordance with the provisions of this Act and the rules made thereunder.
(1) A person shall be disqualified for registration in an electoral roll if he—(a) is not a citizen of India ;(b) is of unsound mind and has been so declared by a competent court; or(c) is for the time being disqualified from voting under the pro#31;visions of this Act or any other law relating to corrupt practices and other offences in connection with election.(2) The name of any person who, in the opinion of Electoral Registration Officer, becomes so disqualified after registration, shall forthwith be struck off from the electoral roll in which it is included :Provided that the name of any person struck off from the electoral roll by reason of a disqualification under Cl. (c) of sub-S. (1) shall forthwith be restored if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.
A person registered in the electoral roll for a constituency relating to a Gram Panchayat, Panchayat Samiti or Zilla Parishad area shall not be entitled to be registered in the electoral roll for a constituency relating to any other Gram Panchayat, Panchayat Samiti or Zilla Parishad area or in the electoral roll for any muni#31;cipality or notified area authority established or constituted under any law for the time being in force.
(1) No person shall be entitled to be registered in the electoral roll for more than one constituency.(2) No person shall be entitled to be registered in the electoral roll for any constituency more than once.
Subject to the provisions of Ss. 177, 178, 179 and 180 every person who—(a) is not less than 18 years of age on the qualifying date ; and(b) is ordinarily resident in a constituency,shall be entitled to be registered in the electoral roll for that consti#31;tuency.
(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.(2) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.(3) A member of the Parliament or of the Legislative Assembly of the State absenting himself from his place of ordinary residence in connection with his duties as such member shall not, during the term of his office, cease to be ordinarily resident therein merely by reason of his absence from that constituency.(4) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place shall not, by reason thereof,
(1) The electoral roll for each constituency shall be prepared by the Electoral Registration Officer in the prescribed manner with reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.(2) The said electoral roll may, if necessary, be divided into con#31;venient parts which shall be numbered consecutively.(3) The said electoral roll shall, unless otherwise directed by the State Government for reasons to be recorded in writing, be revised in the prescribed manner with reference to the qualifying date—(i) before each general election of the members of a Gram Pan#31;chayat, Panchayat Samiti or Zilla Parishad ; and(ii) in any year, in the prescribed manner, with reference to a qualifying date, if such revision has been directed by the prescribed authority.(4) Notwithstandi
If the Electoral Registration Officer for a constituency, on application made to him, or on his own motion, is satisfied after such enquiry as he thinks fit that any entry in the electoral roll of the constituency—(a) is erroneous or defective in any particulars ; or(b) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the cons#31;tituency or is otherwise not entitled to be registered in that role ;the Electoral Registration Officer shall, subject to such general or special directions, if any, as may be given by the State Election Com#31;missioner in this behalf, amend or delete the entry :Provided that before taking any action on the ground under Cl. (a) or any action under Cl. (b) on the ground that the person concerned has ceased to be ordinarily resident in that constituency or that he is otherwise not entit
(1) Any person whose name is not included in the electoral roll of a constituency may apply to the Electoral Registration Officer in the prescribed manner for the inclusion of his name in that roll.(2) The Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein :Provided that if the applicant is registered in the electoral roll of any other constituency, the Electoral Registration Officer shall inform the Electoral Registration Officer of the other constituency and that Officer shall, on receipt of the information, strike off the applicant’s name from that roll.(3) No amendment or deletion of any entry shall be made under S. 184 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making
An appeal shall lie within such time and in such manner as may be prescribed before the prescribed authority from any order of the Electoral Registration Officer under S. 178, 184 or S. 185.
Every application under S. 184 or S. 185 and every appeal under S. 186 shall be accompanied by the prescribed fee which shall, in no case, be refunded.
If any person makes in connection with—(a) the preparation, revision or correction of electoral roll ; or(b) the inclusion or exclusion of any entry in or from an electoral roll; a statement or declaration in writing which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to two hundred rupees or with both.
No Civil Court shall have jurisdiction—(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency ; or(b) to question the legality of any action taken by or under the authority of the Electoral Registration Officer, or of any decision given by any authority appointed under this Act for the preparation or revision of any such roll.
(1) No person who is not, and except as expressly provided by this Act every person who is, for the time being entered in the electoral roll of any constituency, shall be entitled to vote at an election in that constituency :Provided that no person shall vote at an election in any consti#31;tuency if he—(a) has been adjudged by a competent court to be of unsound mind ;(b) has voluntarily acquired the citizenship of a foreign State ; or(c) has been sentenced by a criminal court for an electoral offence punishable under this Act or has been disqualified under any other law from exercising any electoral right on account of corrupt practices in connection with an election and six years have not elapsed from the date of such sentence or disqualification ; provided that the disqualification under this clause may, at any time, be removed by the State Gov#31;ernment if it think
(1) A person shall not be qualified to be chosen to fill a seat in a constituency of any Gram Panchayat, Pan#31;chayat Samiti or Zilla Parishad unless—(a) in the case of a seat reserved for the Scheduled Castes, or for the Scheduled Tribes, he or she is a member of any of these Tribes, or of these Castes, as the case may be, and his or her name appears as an elector in the electoral roll for any constituency in that Gram Panchayat, Panchayat Samiti or Zilla Parishad area ;(b) in the case of any other seat, -his or her name appears as an elector in the electoral roll for any constituency in that Gram Panchayat, Panchayat Samiti or Zilla Parishad area ; and(c) he or she has completed 21 years of age on the date of submission of nomination at an election.(2) A person shall not be qualified to be chosen to fill a seat in more than one constituency of a Gram Panchayat, a Pan
Notwithstanding in this Act, no court shall have any jurisdiction in respect of any matters connected with the disqualification of members of Gram Panchayat under S. 16, member of Panchayat Samiti under S. 76 and member of Zilla Parishad under S. 128.
(1) Notwithstanding anything contained in this Act, it shall be lawful for the Government to issue direction to any Gram Panchayat, Panchayat Samiti and Zilla Parishad, in matters relating to the State and national policies, and such directions shall be binding on the Gram Panchayat, Panchayat Samiti and Zilla Parishad.(2) The State Government may—(a) call for any record or register, and other document in posses#31;sion of or under the control of any Panchayat;(b) require any Panchayat to furnish any return, plan, estimate, statement, account or statistics ; and(c) require any Panchayat to furnish any information or report on any matters connected with such Panchayat.
(1) If in the opinion of the State Government any Gram Panchayat, Panchayat Samiti or Zilla Parishad—(a) has shown-its incompetence to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act or any other law ;(b) has failed to carry out or implement the direction given by the State Government under S. 193 ; or(e) has exceeded or abused its powers, the State Government may, by order, to be published in the official Gazette, stating the reasons therefor, dissolve the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, and direct that it be reconstituted within such period not exceeding six months as may be specified in the order :Provided that the members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as reconstituted, shall hold office for un-expired portion of the perio
(1) When an order of dissolu#31;tion has been passed under S. 194, then with effect from the date of the order—(a) all the members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, or the mem#31;bers of the standing committees thereof, shall vacate their offices ;(b) all the powers, duties and functions which, under the provi#31;sions of this Act or any rule or regulation or bye-law made thereunder, or any law for the time being in force, may be exercised, discharged or performed by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, or standing committees thereof shall be exercised, dis#31;charged or performed by such authority, performed by such authority, person or persons as may be appointed by the State Government in this behalf ; and(c) all properties vested in the Gram Panchayat, the Panchayat Samiti or t
(1) The State Government shall appoint a Director of Panchayats and such other officers as it may consider neces#31;sary for the purpose of inspection or superintending the work of all or any of the Gram Panchayats, the Panchayat Samitis or the Zilla Parishads.(2) An officer appointed to inspect or superintend the work of a Gram Panchayat, a Panchayat Samiti or a Zilla. Parishad may at any time—(a) inspect, or cause to be inspected, any immovable property used or occupied by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad or any work in progress under the direction of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad ;(b) inspect or examine, or depute any other officer of the Govern#31;ment to inspect or examine, any department of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad or any service, work or thing under the control of the
The State Government may, by notification published in the official Gazette, delegate, subject to such conditions as it may specify, all or any of its powers under this Act, except the powers under S. 228, to any person or authority subordinate to it.
(1) The State Government shall constitute such Panchayat Election Tribunals as may be necessary, on the recommendation of the Guwahati High Court, to dispose of all election petitions challenging elections under this Act. The jurisdiction, powers and functions, and headquarters of these Tribunals shall be such as may be prescribed in consultation with the High Court.(2) The decision and order of the Election Tribunal passed under sub-S. (1) shall be final.
(1) If any Electoral Registration Officer, Assistant Electoral Registration Officer or other person required by or under this Act and the rules framed thereunder, to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll is, without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to two hundred rupees.(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.(3) No court shall take cognizance of any offence punishable under sub-S. (1) unless there is a complaint made by order of, or under authority from, the State Panchayat Election Commissioner.
(1) No person shall convene, hold or attend any public meeting in any area of a constituency during the period of 48 hours ending with the hour fixed for the conclusion of the poll for any election in that constituency.(2) Any person who contravenes the provisions of sub-S. (1) shall be punishable with fine which may extend to one hundred rupees.
(1) No person shall on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of 100 meters of the polling station, namely :(a) canvassing for votes;(b) soliciting vote of any elector :(c) persuading any elector not to vote at the election ;(d) persuading any elector not to vote for any particular candidate ; and(e) exhibiting any notice or sign other than an official notice relating to the election.(2) Any person who contravenes the provisions of sub-S. (1) shall, on conviction, be punishable with fine which may extend to one hundred rupees.(3) An offence punishable under this section shall be cognizable.
(1) No person shall, on the date or dates on which a poll is taken at any polling station,—(a) use or operate, within or at the entrance of the polling station, or in any public or private place in the neighbour#31;hood thereof, any apparatus or amplifier for reproducing the human voice, such as a megaphone or a loudspeaker ; or(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers any other persons on duty at the polling station.(2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-S. (1), shall on conviction, be punishable with imprisonment for a term which may extend to one month or with fine
(1) Any person, who during the hours fixed for the poll at any polling station, miscon#31;ducts himself or fails to obey the lawful directions of the Presiding Officer, may be removed from the polling station by the Presiding Officer or any police officer on duty or by any person authorised in this behalf by such Presiding Officer.(2) Powers conferred by sub-S. (1), shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.(3) If any person who has been so removed from (a polling station re-enters the polling station without the permission of the Presiding Officer, he shall, on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.(4) An offence punishable under sub-S. (3) shall be cog
(1) Any person who, at any election, fraudulently takes or attempts to take a ballot paper out of a polling station or wilfully aids or abets the doing of any act, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.(2) If the Presiding Officer of a polling station has reason to Relieve that any person is committing or has committed an offence punishable under sub-S. (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :Provided that when it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.(3) Any ballot paper found upon the person arrested on search shall be made over to a pol
(1) A person shall be guilty of an electoral offence if at any election he—(a) fraudulently defaces or fraudulently destroys any nomina#31;tion paper ;(b) fraudulently defaces, destroys or removes any list, notice or other documents affixed by or under the authority of the Returning Officer ;(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on the ballot paper or any decla#31;ration or identification ;(d) without due authority supplies any ballot paper to any person ;(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in ;(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or papers then in use for the purpose of the election ;(g) fraudulently or without due authority, as the case may be, attempts to
(1) Where an election is held by ballot, every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election, shall maintain and aid in maintaining the secrecy of the voting and shall not, except for any purpose authorised by or under any law, communicate to any person any information calculated to violate such secrecy.(2) Any person who contravenes the provision of sub-S. (1) shall, on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.
(1) No person who is a Returning Officer or a Presid#31;ing Officer or Polling Officer at an election or an officer or clerk appointed by the Returning Officer or the Presiding Officer to perform any duty in connection with an election shall, in the conduct or the management of election, do any act other than the given of his vote for the furtherance of the prospects of the election of a candidate.(2) No such person as aforesaid and no member of a Police Force shall endeavour—(a) to persuade any person to give his vote at an election ;(b) to dissuade any person from giving his vote at an election ; or(c) to influence the voting of any person at an election in any manner.(3) Any person who contravenes the provisions of sub-S. (1) or sub-S. (2) shall, on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may e
(1) If any person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to two hundred rupees.(2) An offence punishable under sub-S. (1) shall be cognizable.(3) No suit or legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.(4) The persons to whom this section applies are Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature or the recording or counting of votes at an election ; and the expression “official duty” shall, for the purpose of this section, be construed accordingly, but shall not include the duties imposed otherwise than by or under t
No court shall take cogniz#31;ance of an offence punishable under Cl. (a) of sub-S. (2) of S. 205 or under S. 206, 207 or 208 unless there is a complaint made by an order of, or under the authority from the State Panchayat Election Commis#31;sioner.
(1) A person shall be deemed to have committed a corrupt practice who directly or indirectly by himself or by any other person—(i) induces or attempts to induce by fraud or coercion any elector to give or refrain from giving a vote in favour of any candidate ;(ii) threatens any candidate or elector, or any person in whom a candidate or elector is interested, with injury of any kind with a view to influence him in any way in connection with the election :(iii) induces or attempts to induce a candidate or elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election ;(iv) employs, instigates or threatens any form of social boycott of any elector or candidate or of any one in whom such elector or candidate is in
If the Election Tribunal sets aside an election under S. 108, he may, if he thinks fit, declare any person by whom a corrupt practice has, in his opinion, been committed within the meaning of S. 210 to be disqualified from being a candidate for election in that or any other Panchayat for a period not exceeding six years and the Tribunal’s decision shall be final :Provided, however, that such person may, by an order of the State Government, be at any time relieved from such disqualification.
Where by an order under S. 211, the election of a returned candidate is deemed to be void, acts and proceedings in which that returned candi#31;date has, before the date thereof, participated as a member of any Pan#31;chayat, shall not be invalidated by reason of that order nor shall such candidate be subjected to any liability or penalty on the ground of such participation.
No court shall grant an injunction—(i) to postpone the election of a member or any other func#31;tionary of a Panchayat; or(ii) to prohibit a person declared to have elected under this Act from taking part in the proceeding of the Panchayat to which he has been elected ; or(iii) to prohibit the members elected to a Panchayat under this Act from entering upon their office.
(1) The Governor shall as soon as may be within one year from the commencement of the Constitution (Seventy-third) Amendment Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Zilla Parishads, the Panchayat Samitis and the Gram Panchayats and to make recommendation to the Governor as to—(a) the principles which should govern—(i) the distribution between the State and the Zilla Parishads, the Panchayat Samitis and the Gram Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them under this Act and allocation between the Zilla Parishads, Panchayat Samitis and the Gram Panchayats of their respective shares of such proceeds ;(ii) the determination of the taxes, duties, tolls, rates and fees which may be assigned to or appropiated by
The audit of the accounts of the funds of a Gram Panchayat, or a Panchayat Samiti, or a Zilla Parishad shall be carried out by the authority as may be prescribed by the Government and a copy of the audit report—(a) on the Gram Panchayat, shall be forwarded to the Pan#31;chayat Samiti by the Gram Panchayat ;(b) on the Panchayat Samiti, shall be forwarded to the Zilla Parishad or the prescribed authority by the Panchayat Samiti ; and(c) on the Zilla Parishad, shall be forwarded to the State Gov#31;ernment by the Zilla Parishad,after taking steps to rectify any defects or irregularities which have been pointed out in the audit.
Every Panchayat shall have the power to revise or modify any decision taken by any of its committees.
(1) Notwithstanding anything contain#31;ed in the Indian Oaths Act, 1873 (Act 10 of 1873), every person who is elected a member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall, before taking his seat, make and subscribe before such authority as may be specified by the State Government in this behalf, oath or affirmation of his allegiance to the Constitution of India accord#31;ing to the form set out for the purpose in the Schedule.(2) When any person has failed to make oath or affirmation of allegiance referred to in sub-S, (1), and the State Government is satisfied that the failure of such person to make oath or affirmation was due to inadvertence or mistake, the State Government may declare that failure of such person to comply with the provisions of sub-S. (1) is condoned.(3) When a declaration has been made by the State Government under sub-S. (2) in respect of any pe
(1) The Government may, by order in writing, rescind any resolution passed by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad, if in its opinion such resolution—(a) has not been legally passed ; or(b) is in excess, or abuse of the powers conferred by, or under this Act or in rules made thereunder.(2) The State Government shall, before taking any such action under sub-S. (1), give the Gram Panchayat, the Panchayat Samiti, or the Zilla Parishad concerned an opportunity for making representation against the proposed order.
Unless otherwise provided elsewhere in this Act, whoever contravenes any provisions of this Act, shall be punishable with fine, which may extend to five hundred rupees and when the breach is a continuing one, with a further fine which may extend to one thousand rupees for every day after first conviction during which an offender is proved to have been persisted in the offence.
In making rules, the State Government, in making the bye-laws, the Gram Pan#31;chayat, in making regulations the Panchayat Samiti and in making regulations the Zilla Parishad, with the sanction of the prescribed authority, may direct that a breach of it shall be punishable with a fine which may extend to five hundred rupees and when the breach is a continuing one with a further fine which may extend to five thousand rupees for every day after the date of first conviction during which the offender is proved to have persisted in the offence.
Whoever removes, displaces or makes an alteration in or otherwise interferes with any pavement, gutter or materials of public streets, or any fence, wall or post thereof, or a lamp post or bracket, direction post, stand post, hydrant or other such property of the Gram Panchayat, the Panchayat Samiti and the Zilla Parishad without the sanction from the respective Gram Panchayat, Panchayat Samiti and Zilla Parishad or other local authority shall be punishable with fine which may extend to one thousand rupees.
(1) The Government shall constitute in every District, a Planning Committee to consolidate the plans prepared by the Zilla Parishads, the Panchayat Samitis, the Gram Panchayats, notified area authorities and municipal authorities or any other local authorities in the District and to prepare a draft develop#31;ment plan for the District as a whole.(2) The District Planning Committee shall consist of—(a) members of the House of People who represent the whole or part of the District;(b) such number of members of the State Legislature Assembly whose constituencies lie within the District ;(c) Sabhadhipati of the Zilla Parishad ;(d) Chairmen of the Panchayat Samitis of the District ;(e) Chairmen of the municipal authorities and notified area authorities within the District ;(F) such number of representatives from other local authorities as may b
(1) As soon as may be after the first day of April in every year, and not later than such date as may be fixed by the Government, the Executive Officer shall place before the Panchayat Samiti a report of the administration of the Panchayat Samiti during the preceding financial year, in such form and with such details as the Government may direct, and shall forward the report, with the resolution of the Panchayat Samiti thereon, to the Zilla Parishad and to the Government.(2) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the State Government, the Chief Executive Officer of the Zilla Parishad shall prepare a report on the administration of the Zilla Parishad during the preceding financial year, in such form and with such details as the Government may direct, and submit the report to the Zilla Parishad. After approval by the Zilla Parishad,
(1) A Gram Panchayat may, subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the prescribed authority, make bye-laws to carry out the purposes of this Act in so far as this relate to its powers and duties.(2) All bye-laws made under this section shall be subject to the condition of previous publication, and such publication shall be in such manner as may be prescribed.
(1) A Panchayat Samiti may, subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the Govern#31;ment, by notification published in the official Gazette, make regulations to carry out the purposes of this Act in so far as these relate to its powers and duties.(2) The regulations made under sub-S. (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.
(1) A Zilla Parishad may, subject to the provisions of this Act and the rules made thereunder, with the previous sanction of the State Government, by notification, make regulations to carry out the purposes of this Act in so far as these relate to its powers and duties.(2) The regulations made under sub-S. (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.
(1) The Government may, subject to the provisions of this Act and the rules made thereunder, after previous publication of the draft for not less than one month, make model regulations and bye-laws for Gram Pan#31;chayat, Panchayat Samiti and Zilla Parishad.(2) A Gram Panchayat, a Panchayat Samiti or a Zilla Parishad may, by resolution, adopt the model bye-laws or regulations, as the case may be, made under sub-S. (1) and such bye-laws or regulation as the case may be, shall come into force within the jurisdiction of the Gram Panchayat, the Panchayat Samiti and the Zilla Parishad from such date as the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, may specify in a notice published in the prescribed manner.
(1) The State Government may, by notification published in the official Gazette, make rules for carrying out the purposes of this Act.(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the State Legislature while it is in session for a period of fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or sessions immediately following, the House agrees or makes any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have the effect or be effective only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) If any difficulty arises in giving effect to any provision of this Act, the State Government may, by an order published in the official Gazette, as the occasion may require, do anything which appear to it to be necessary to remove the difficulty.(2) Every order made under sub-S. (1) shall be laid before the State Legislature.(3) No such order shall be made after expiry of two years from the commencement of this Act.
(1) The Tripura Panchayats Act, 1983 and the Tripura Block Panchayat Samiti Act, 1978 are hereby repealed.(2) Notwithstanding such repeal of the said Acts, anything done, any action taken, order issued, notification published, proceeding started, appeal preferred, legal effect produced, by or under the pro#31;visions of the said Acts, shall be deemed to have been respectively done, taken, issued, published, started, preferred or produced by or under the corresponding provisions of this Act.
SCHEDULE
[See Section 217]Form of oath or affirmation to be made by a member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad“I, A. B. C. ... ... ... ... ... having been declared a member of Gram Panchayat/Panchayat Samiti/Zilla Parishad do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and I will faithfully discharge the duties upon which I am about to enter.”
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