CHHATTISGARH PANCHAYAT RAJ ADHINIYAM, 1993

Act No. 1 of 1994

24th January, 1994

An act to consolidate and amend the law relating to establishment of Panchayats with a view to ensure effective involvement of the Panchayati Raj Institutions in the local administration and development activities. Be it enacted by the Madhya Pradesh Legislature in the Forty-Fourth Year of the Republic of India as follows :-- 1. Received the assent of the Governor on the 24th January, 1994, assent first published in the "Madhya Pradesh Gazette (Extraordinary)' dated the 25th January, 1994.

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S.1 Short title, extent and commencement

(1) This Act may be called the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

(2) It extends to the whole of Chhattisgarh :

Provided that it extends to the Scheduled Areas subject to the exceptions and modifications as are provided in Chapter XIV-A.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires,--

(i) "Block" means such area in a district as the Governor may specify to be a block under sub-section (2) of Section 10;
(ii) "Co-operative Society" shall have the same meaning as assigned to it in the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961);
(iii) "District" means a district notified by the State Government to be a district for the purposes of this Act, and includes one or more revenue districts so modified;
(iv) "Election" means an election to fill a seat or seats in a Panchayat and includes election of Sarpanch of Gram Panchayat;
(v) "Election' Proceedings" means the proceedings commencing from the issue of the notice for election and ending with the declaration or results of such election;
(vi) "Factory" shall have the same meaning as assigned to it in the Factories Act, 1948 (LXIII of 1948);
(vii) "Gram Panchayat" means a Gram Panchaya

S.3 Notification of village

The Governor shall, by public notification, specify a village or group of villages to be a village for the purpose of this Act.

S.4 List of voters of a village

For every village specified under Section 3 there shall be a list of voters which shall be prepared in accordance with the provisions of this Act and rules made there under.

S.5 Registration of voters of a village

Every person who is qualified to be registered in the Assembly roll relatable to a village or whose name is entered therein and is ordinarily resident within the village shall be entitled to be registered in the list of voters of that village :

Provided that,-

(a) no person shall be entitled to be registered in the list of voters for more than one village;
(b) no person shall be entitled to be registered in the list of voters if he is registered in the electoral roll relating to any other local authority.

Explanation :-

(1) The expression "ordinary resident" shall have the meaning assigned to it in Section 20 of the Representation of the Peoples Act, 1950 (No. 43 of 1950) subject to the modification that reference to "Constituency" therein will be construed as a reference to "village".
(2) A person shall be disqualified for registration in the list of voters of a village if he is disqualified for registration in the A

S.6 Meeting of Gram Sabha

(1) There shall be held at least one meeting of the Gram Sabha in every three months :

Provided that upon a requisition in writing by more than one-third of the total number of members of Gram Sabha or if required by Janpad Panchayat, Zila Parishad or the Collector a meeting of Gram Sabha shall be held within 30 days of the requisition or such requirement.

1(1-A) The meeting of the Gram Sabha shall be organized in each village of the Gram Panchayat.

(2) (a) Not less than one-tenth of the total number of members of the Gram Sabha shall form a quorum for a meeting of Gram Sabha out of which not less than one-third shall be women members. 1[The Sarpanch & Panch shall be responsible for the quorum of the meetings of the Gram Sabha for their constituencies as the case may be;]

(b) If at the time appointed for the meeting the quorum is not present, the person presiding shall adjourn the meeting to such future date and time as he may fix a

S.7 Powers and functions and Annual meeting of Gram Sabha

(1) Subject to the rules, which the State Government may make in this behalf, and subject to the general or special orders, as may be issued by the State Government from time to time, the Gram Sabha shall have the following powers and functions, namely,-

(a) to lay down the principles for identification of schemes and their priority for economic development of the village;
(b) to approve all plans including Annual Plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat;
(c) to consider the Annual Budget of the Gram Panchayat, and make recommendations thereon;
(d) to consider the report of audit and accounts of the Gram Panchayat;
(e) to ascertain and certify the proper utilization by the Gram Panchayat of the funds for plans, programmes and projects referred to in clause (b);
(f) to identify and select persons as benef

S.8 Constitution of Panchayats

There shall be constituted for the purpose of this Act,-

(a) a Gram Panchayat for a village;
(b) a Janpad Panchayat for a Block; and
(c) a Zila Panchayat for a district.

S.9 Duration of Panchayat

(1) Every Panchayat shall continue for five years from the date appointed for its first meeting and no longer unless sooner dissolved under this Act.

(2) An election to constitute a Panchayat shall be completed,-

(a) before the expiry of its duration specified in sub-section (1);
(b) 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 would have continued is less than six months it shall not be necessary to hold any election under this clause for constituting the Panchayat for such period.

(3) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayats, would have continued under clause (1) had it not been so dissolved.

S.10 Establishment of Gram Panchayat, Janpad Panchayat and Zila Panchayat

(1) There shall be a Gram Panchayat for every village specified as a village for the purposes of this Act under Section 3.

(2) The Governor may, by notification, divide a district into blocks. The notification shall specify the name of every such block, its headquarters and the area comprised therein. For every block there shall be a Janpad Panchayat which shall be known by the name of the block.

(3) There shall be a Zila Panchayat for every district:

Provided that every Municipal Corporation, Municipal Council or Nagar Panchayat constituted under the relevant law for the time being in force shall form a separate administrative unit for the area within its jurisdiction.

S.11 Incorporation of Panchayats

Every Gram Panchayat, Janpad Panchayat and Zila Panchayat shall be body corporate by the name specified, therefore in the order under Section 3 for village or notification under Section 10 for Janpad Panchayat and Zila Panchayat as the case may be, having perpetual succession and a common seal and shall by the said name, sue and be sued and shall subject to the provisions of this Act and the rules made there under, have power to acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things necessary for the purpose of this Act.

S.12 Division of Gram Panchayat into wards

Each Gram Panchayat area shall be divided into not less than ten wards as may be determined by the Collector and each ward shall be a single member ward :

Provided that where the population of Gram Panchayat area is more than one thousand it shall be divided into wards in such manner that the total number of wards shall not exceed twenty and the population of each ward shall as far as practicable, be the same in each ward :

Provided further that the ratio between the population of the Gram Panchayat area and the number of wards in such panchayat shall, so far as practicable, be the same throughout the block within which the Panchayat area falls.

S.13 Constitution of Gram Panchayat

(1) Every Gram Panchayat shall consist of elected Panchas and a Sarpanch.

(2) If any village or ward fails to elect a Sarpanch or as the case may be, a Panch, fresh election proceedings shall be commenced to fill the seat in such village or as the case may be, such ward within six months :

Provided that pending the election of Sarpanch under this sub-section, elected panchas shall subject to the provisions of sub-sections (2), (3) and (4) of Section 17, in the first meeting under Section 20 elect a Sarpanch from amongst themselves who shall discharge all the functions of Sarpanch under the Act till a Sarpanch elected under this sub-section enters upon the office :

Provided further that further proceedings for constituting the Gram Panchayat shall not be stayed pending the election of Panch in accordance with this sub-section :

Provided also that if any village or ward again fails to elect a Sarpanch or as the case may be, a Panch, fresh election proceedi

S.14 Qualification to vote and to be a candidate

(1) Every person whose name is included in the list of voters of a village shall be qualified to vote at the election of an office bearer of a Panchayat within whose area the village is comprised.

(2) Every such person unless disqualified under this Act or any other law for the time being in force shall be qualified to be elected as office-bearer of a Panchayat.

S.15 Prohibition of simultaneous membership

No person shall be eligible for seeking election as an office-bearer of a Panchayat from more than one ward of constituency as the case may be.

S.16 [Omitted]

[x x x].

S.17 Election of Sarpanch and Up-Sarpanch

(1) In every Gram Panchayat there shall be a Sarpanch and an Up-Sarpanch. A person who,-

(i) is qualified to be elected as panch;
(ii) is not a member of either House of Parliament or member of State Legislative Assembly; and
(iii) is not Chairman or Vice-Chairman of Co-operative Society;

shall be elected as a Sarpanch, subject to provisions of sub-sections (2), (3) and (4), by persons whose names are included in the list of voters of the Gram Panchayat area in such manner as may be prescribed.

(2) (i) Such number of seats of Sarpanchas of Gram Panchayats shall be reserved for Scheduled Castes and Scheduled Tribes in the Gram Panchayat within the block which bears the same proportion to the total number of Sarpanchas in the block as the proportion of the Scheduled Castes and Scheduled Tribes in the block bears to the total population of the block :

Provided that for the purpose of computing the number of Sarpanch of Gram Pa

S.18 Handing over charge by outgoing Sarpanch

(1) The newly elected Sarpanch shall be deemed to have assumed the charge of the office with effect from the date of first meeting as provided in Section 20.

(2) If the outgoing Sarpanch fails or refuses to hand over any papers or property in his possession to the newly elected Sarpanch, the prescribed authority may by order, in writing direct the outgoing Sarpanch to hand over forthwith all papers and property in his possession as Sarpanch to the new Sarpanch, Up-Sarpanch or Secretary of the Gram Panchayat, as the case may be.

(3) If an out-going Sarpanch fails to comply with the direction under sub-section (2), the prescribed authority shall proceed against him in accordance with Section 92 and shall take necessary steps to launch prosecution under Section 98.

(4) A Sarpanch against whom an action has been taken under sub-section (3) and who has been found guilty, shall be disqualified to be member or an office-bearer of Panchayat for a period of six years fr

S.19 Notification of election

Every Election of Sarpanch. Up-Sarpanch and Panchas shall be published by the prescribed authority in such manner as may be prescribed.

S.20 First meeting and term of office

(1) First meeting of the Gram Panchayat shall be held within 30 days of the date of the publication under Section 19. Such meeting shall be convened by the prescribed authority and the provisions of Section 44 regarding meeting as far as may be, shall apply in respect of the said meeting.

(2) The office bearers of the Gram Panchayat shall hold office for five years from the date of the first meeting and no longer :

Provided that notwithstanding anything contained in this sub-section every person becoming an office-bearer of a Gram Panchayat shall cease to hold office forthwith,-

(i) on his ceasing to be a voter of the Gram Panchayat area; or
(ii) on his becoming a member of State Legislative Assembly or member of either House of Parliament.

(3) If before the expiry of the period mentioned in sub-section (2), the Gram Panchayat is not reconstituted, it shall stand dissolved on the expiry of the said period and the provisions of Secti

S.21 No-confidence motion against Sarpanch and Up-Sarpanch

(1) On a motion of no-confidence being passed by the Gram Panchayat by a resolution passed by majority of not less than three fourth of Panchas present and voting and such majority is more than two third of the total number of Panchas constituting the Gram Panchayat for the time being, the Sarpanch or Up-Sarpanch against whom such motion is passed, shall cease to hold office forthwith.

(2) Notwithstanding anything contained in this Act or the rules made there under a Sarpanch or an Up-Sarpanch shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such manner as may be prescribed and shall be presided over by an officer of the Government as the Prescribed Authority may appoint. The Sarpanch or the Up-Sarpanch, as the case may be, shall have a right to speak at, or otherwise to take part in, the proceeding of the meeting.

(3) No-confidence motion shall not lie against the Sarpanch or Up-Sarpanch w

S.21A Recalling of office-bearers of Gram Panchayat

(1) Every Sarpanch of a Gram Panchayat shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of the members constituting the Gram Sabha within the Gram Panchayat in accordance with the procedure, as may be prescribed :

Provided that no such process of recall shall be initiated unless a notice is signed by not less than one-third of the total number of members of the Gram Sabha and presented to the prescribed authority :

Provided further that no such process shall be initiated,-

(i) within a period of two and a half years from the date on which such Sarpanch elected at the General Election enters his office; or
(ii) if half of the period of tenure of the Sarpanch elected in a bye-election has not expired.

(2) Every panch of a Gram Panchayat shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a maj

S.22 Composition of Janpad Panchayat

(1) Every Janpad Panchayat shall consist of the following :-

(i) Members elected from the constituencies;
(ii) [x x x]
(iii) All members of the State Legislative Assembly returned from the constituencies which wholly or party fall within the block :

Provided that a member of the State Legislative Assembly whose constituency wholly falls within an urban area shall not be a member of the said Janpad Panchayat:

Provided further that a Member of the State Legislative Assembly who is a member of the Janpad Panchayat, may nominate his representative, who possesses such qualifications as may be prescribed in this behalf, to attend the meeting of the Janpad Panchayat if he is unable to do so owing to absence, illness or any other cause.

(iv) One-fifth of the Sarpanchas in the territorial area of the Janpad Panchayat by rotation for a period of one year as the prescribed authority may determine by drawing lots :

S.23 Division of Block into constituencies

(1) Subject to the provisions of sub-section (2), the State Government shall by notification divide a block into such number of constituencies that each constituency has as far as practicable a population of five thousand and every constituency shall be a single member constituency :

Provided that where the population of a Block is less than fifty thousand it shall be divided into not less than ten constituencies and the population of each constituency shall as far as practicable be the same in each constituency :

Provided further that the total number of constituencies in a block shall not exceed twenty-five.

(2) The ratio between the population of the territorial area of a Janpad Panchayat and the number of constituencies in such Janpad Panchayat shall, so far as practicable, be the same throughout the State.

(3) (i) Seats shall be reserved for,-

(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Janpad Panchayat and

S.24 [Omitted]

[x x x]

S.25 Election of President and Vice-President of Janpad Panchayat

(1) The Prescribed Authority shall, as soon as may be, after the election of the members call a meeting of the elected members of the Janpad Panchayat for electing a President and a Vice-President.

(2) (i) Office of President of Janpad Panchayat shall be reserved for,-

(a) the Scheduled Castes; and
(b) the Scheduled Tribes, and the number of offices of President reserved for the Scheduled Castes and the Scheduled Tribes in the district shall bear as nearly as may be, the same proportion to the total number of such offices in the district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, bears to the total population of the District:

Provided that for the purpose of computing the number of offices of President of Janpad Panchayat to be reserved for Scheduled Tribes in the district other than the Scheduled Areas forming part of that district, the total population of the Scheduled Areas falling within the

S.26 Publication of names of members, President and Vice-President

The names of the members, President and Vice-President of Janpad Panchayat shall be published by the prescribed authority in such manner as ma be prescribed.

S.27 First meeting and term of office

(1) First meeting of the Janpad Panchayat shall be held within 30 days of the date of publication under Section 26. Such meeting shall be convened by prescribed authority and provisions of Section 44 regarding meeting, as far as may be, shall apply in respect of the said meeting.

(2) Unless otherwise provided in the Act, the office-bearers of Janpad Panchayat shall hold office for five years from the date of the first meeting and no longer:

Provided that notwithstanding anything contained in this sub-section an office bearer of Janpad Panchayat shall cease to hold office forthwith on his ceasing to be a voter of a Gram Panchayat area within the Block.

(3) If before the expiry of the period prescribed in sub-section (2), the Janpad Panchayat is not newly constituted, it shall stand dissolved on the expiry of the said period and the provisions of Section 87 shall apply thereto for a period not exceeding six months within which the Janpad Panchayat shall be recons

S.28 No-confidence motion against President or Vice-President

(1) On a motion of no-confidence being passed by Janpad Panchayat by resolution passed by a majority of not less than three-fourth of the elected members present and voting and such majority is more than two-third of the total number of elected members constituting the Janpad Panchayat for the time being, the President or the Vice-President against whom such resolution is passed shall cease to hold office forthwith.

(2) Notwithstanding anything contained in this Act or the Rules made there under, a President or a Vice-President shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such manner as may be prescribed and shall be presided over by an officer of the Government as the prescribed authority may appoint. The President or the Vice-President, as the case may be, shall have a right to speak at or otherwise to take part in the proceeding of the meeting.

(3) No-confidence motion shall not lie

S.29 Constitution of Zila Panchayat

(1) Every Zila Panchayat shall consist of the following :-

(i) Member elected from the constituencies;
(ii) [x x x]
(iii) All members of Lok Sabha representing Parliamentary constituencies which wholly or partly from part of district;
(iv) All Members of Rajya Sabha returned from the State of Chhattisgarh whose name appear in the list of voters of a Gram Panchayat area within the district;
(v) All members of the State Legislative Assembly returned from the district:

Provided that the members of Lok Sabha and Members of State Legislative Assembly whose constituencies wholly fall within the urban area shall not be the members of the Zila Panchayat:

Provided further that a member of the State Legislative Assembly or a member of Parliament who is a member of the Zila Panchayat, may nominate his representative, who possesses such qualifications as may be prescribed in this behalf, to attend the meeting of the Zila Pan

S.30 Division of district into constituencies

(1) Subject to the provisions of sub-section (2), the State Government shall by notification divide a district into such number of constituencies that each constituency shall have as far as practicable, a population of fifty thousand and every constituency shall be a single member constituency :

Provided that where the population of a District is less than five lacs, it shall be divided into not less than ten constituencies and the population of each constituency shall as far as practicable, be the same in each constituency:

Provided further that the total number of constituencies shall not exceed thirty five.

(2) The ratio between the population of the territorial area of the Zila Panchayat and number of constituencies in such Zila Panchayat area, shall, as far as practicable, be the same throughout the State.

(3) (i) Seats shall be reserved for,-

(a) the Scheduled Castes; and
(b) the Scheduled Tribes, in every Zila Panchayat and t

S.31 [Omitted]

[x x x]

S.32 Election of President and Vice-President of Zila Panchayat

(1) The prescribed authority shall, as soon as may be, after the election of members, call a meeting of the elected members of Zila Panchayat for electing President and Vice-President.

(2) (i) Offices of President shall be reserved for,-

(a) the Scheduled Castes; and
(b) the Scheduled Tribes, and the number of offices of President reserved for the Scheduled Castes and Scheduled Tribes including the number of offices of President reserved for the Scheduled Tribes in the Scheduled Areas under Chapter XIV-A shall bear as nearly as may be, the same proportion to the total number of such offices in the State as the population of Scheduled Castes or, as the case may be, the Scheduled Tribes bears to the total population of the State :

Provided that not less than 1[half] of the total number of offices of President of Zila Panchayat shall be reserved for women :

Provided further that the offices of President reserved under this s

S.33 Publication of names of members, President and Vice-President of Zila Panchayat

The names of members, President and Vice-President of Zila Panchayat shall be published by the prescribed authority in such manner as may be prescribed.

S.33A Correction of clerical error or omission

Notwithstanding anything contained in the Act or the rules made there under, the clerical error or omission apparent on the face of the record regarding reservation of seats under sub-sections (4), (5) and (6) of Section 13, sub-sections (2), (3) and (4) of Section 17, sub-sections (3), (4) and (5) of Section 23, sub-section (2) of Section 25, sub-sections (3), (4) and (5) of Section 30 and sub-section (2) of Section 32, may be corrected by the prescribed authority with the prior permission of the State Government or the officer authorized by it for the purpose, at any time before the commencement of election proceedings.

S.34 First meeting and term of office

(1) First meeting of the Zila Panchayat shall be held within 30 days of the date of publication under Section 33. Such meeting shall be convened by the prescribed authority and provisions of Section 44 regarding meeting, as far as may be, shall apply in respect of the said meeting.

(2) Unless otherwise provided in this Act the office-bearers of Zila Panchayat shall hold office for five years from the date of the first meeting and no longer :

Provided that notwithstanding anything contained in this sub-section an office-bearer of Zila Panchayat shall cease to hold office forthwith on his ceasing to be,-

(a) a voter of the Gram Panchayat area within the district;
(b) [X X X]

(3) If before the expiry of the period prescribed in sub-section (2) the Zila Panchayat is not newly constituted, it shall stand dissolved on the expiry of the said period and the provisions of Section 87 shall apply thereto for a period not exceeding six months w

S.35 No-confidence motion against President and Vice-President of Zila Panchayat

(1) On a motion of no-confidence being passed by Zila Panchayat by resolution passed by a majority of not less than three-fourth of the elected members present and voting and such majority is more than two-third of the total number of elected members constituting the Zila Panchayat for the time being the President or the Vice-President against whom such motion is passed shall cease to hold office forthwith.

(2) Notwithstanding anything contained in this Act or the rules made there under, President or Vice-President shall not preside over a meeting in which a motion of no-confidence is discussed against him. Such meeting shall be convened in such a manner as may be prescribed and shall be presided over by an officer of the Government as the prescribed authority may appoint. The President or Vice-President as the case may be, shall have right to speak at or otherwise to take part in the proceeding of the meeting.

(3) No-confidence motion shall not lie against the Presid

S.36 Disqualification for being office-bearer of Panchayat

(1) No person shall be eligible to be an office-bearer of Panchayat who,-

(a) has, either before or after the commencement of this Act, been convicted,-
- (i) of an offence under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under any law in connection with the use, consumption or sale of narcotics or any law corresponding thereto in force in any part of the State, unless a period of five years or such lesser period as the State Government may allow in any particular case has elapsed since his conviction; or
- (ii) of any other offence and had been sentenced to imprisonment for not less than six months, unless a period of five years or such less period as the State Government may allow in any particular case has elapsed since his release; or
(b) is of unsound mind and stands so declared by a competent Court; or
(c) is an applicant to be adjudged an insolvent or is an undischarged insolvent; or

S.37 Resignation of office-bearer of Panchayat

(1) A Panch of a Gram Panchayat or a member of Janpad Panchayat or a member of Zila Panchayat may resign his office by giving notice in writing to that effect to the Sarpanch or President as the case may be.

(2) The Sarpanch or Up-Sarpanch of a Gram Panchayat or the President or Vice-President of a Janpad Panchayat or Zila Panchayat may resign his office by giving notice in writing to the prescribed authority.

(3) The manner of giving notice and procedure for tendering resignation and its becoming effective shall be as may be prescribed :

Provided that a person tendering resignation may withdraw his resignation before it becomes effective.

S.38 Filling up of vacancies

(1) (a) In the event of death, resignation, no confidence motion, or removal of an office-bearer of a Panchayat or on his becoming a member of State Legislative Assembly or a member of either House of Parliament before the expiry of his term, a casual vacancy shall be deemed to have occurred in his office and such vacancy shall be filled as soon as may be by election in accordance with the provisions o" the Act and the rules made there under;

(b) in the event of occurrence of a casual vacancy in the office of the Sarpanch of a Gram Panchayat, the Secretary of the Gram Panchayat, as the case may be, shall cause to be called a special meeting of the Panchayat immediately, but not later than fifteen days from the date of receipt of information from the prescribed authority regarding the vacancy and the members shall elect from amongst themselves a person to hold the office temporarily till a new Sarpanch, as the case may be, is elected in accordance with the provisions of this

S.39 Suspension of office-bearer of Panchayat

(1) The prescribed authority may suspend from office any-office bearer,-

(a) against whom charges have been framed in any criminal proceedings under Chapter V-A, VI, IX, IX-A, X, XII, Sections 302, 303, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter XVI, Sections 395 to 398, 408, 409, 458 to 460 of Chapter XVII and Chapter XVIII of the Indian Penal Code, 1860 (XLV of 1860) or under any Law for the time being in force for the prevention of adulteration of food stuff and drugs, suppression of immoral traffic in women and children, Protection of Civil Rights and Prevention of Corruption; or
1[(b) on whom, show cause notice along with charge-sheet under this Act, has been served for removal from office.)

(2) The order of suspension under sub-section (1) shall be reported to the State Government within a period of ten days and shall be subject to such orders as the State Government may deem fit to pass. If the order of sus

S.40 Removal of office-bearers of Panchayat

(1) The State Government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office-bearer,-

(a) if he has been guilty of misconduct in the discharge of his duties; or
(b) if his continuance in office is undesirable in the interest of the public :

Provided that no person shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office.

Explanation.--For the purpose of this sub-section "Misconduct" shall include,-

(a) any action adversely affecting,-
- (i) the sovereignty, unity and integrity of India; or
- (ii) the harmony and the spirit of common brotherhood amongst all the people of State transcending religious, linguistic, regional, caste or sectional diversities; or
- (iii) the dignity of women; or
(b) gross negligence in the discharge of the duties under this Act;

S.41 Bar to hold more than one office

(1) A person who is elected to more than one office of Panchayats, may by notice in writing signed by him and delivered to the prescribed authority within 10 days from the date on which he is elected, or the later dates, if he is elected on different dates, intimate in which of the Panchayats he wishes to serve as an office-bearer and thereupon his seat in other Panchayats in which he does not wish to serve shall become vacant.

(2) In default of such intimation within the aforesaid period he shall be deemed to have opted for only one of the offices in the following order of preference,-

(a) a member of Zila Panchayat;
(b) a member of Janpad Panchayat;
(c) a Sarpanch of Gram Panchayat;
(d) a Panch of Gram Panchayat :

Provided that if such a person has attended a meeting of a Panchayat before delivering the notice he shall be deemed to have opted for the office in the said Panchayat.

(3) Any intimation under sub-sect

S.42 Powers of the State Election Commission

The superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections to the Panchayats shall be vested in the State Election Commission.

S.42A Power to appoint officers and staff and to assign duties and functions to them

(1) In the exercise of powers under Section 42, the Stale Election Commission may, in consultation with the State Government, appoint officers and members of staff for conducting elections to Panchayats.

(2) The State Election Commission may assign such duties and functions to officers and members of staff appointed under sub-section (1) and invest such officers and members of staff with such powers and in relation to such areas as it may deem necessary or consider fit in relation to conduct of elections and matters connected therewith or incidental thereto.

S.43 Power to make rules

The State Government shall in consultation with the State Election Commission make rules for the preparation of Electoral rolls and conduct of all Elections to the Panchayats.

S.44 Procedure of meeting

(1) Subject to the provisions of this Act, the procedure of meeting and conduct of business of a Panchayat shall be such as may be prescribed.

(2) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies shall have the right to vote in the meeting of the Panchayats.

(3) The quorum for a meeting of Zila Panchayat and Janpad Panchayat shall be one-third, and for a meeting of Gram Panchayat shall be one-half, of the members constituting the concerned Panchayat for the time being. If there be no quorum present at a meeting, the presiding authority shall, adjourn the meeting to such date and hour as may be fixed by it. A notice of the meeting so fixed shall be pasted in the office of the Panchayat. No quorum shall be necessary, for such postponed meeting, and no new subject for consideration may be brought before such meeting.

(4) The President or Sarpanch shall call a meeting of the Zil

S.45 Reconsideration of subjects finally disposed of by Panchayats

No subject once finally disposed of by Panchayat shall within six months be reconsidered by it unless the recorded consent of not less than three-fourth of its members entitled to vote has been obtained thereto or unless the prescribed authority has directed its reconsideration.

S.46 Standing Committees of Cram Panchayat

(1) A Gram Panchayat may for discharging its functions and duties, constitute standing committees not exceeding 1[five] and such committees shall exercise such powers as may be assigned to them by the Gram Panchayat. The committee shall be under the general control of the Gram Panchayat.

(2) No person shall be a member of more than two committees at a time :

2[Provided that any committee may co-opt not more than two such members who have the necessary experience of special knowledge of the subject assigned to that committee. The member co-opted as such shall not have the power to vote in the proceedings of the committee :

Provided that, the Gram Panchayat, may invite Government officers or subject matter specialists to advice it on any subject under its consideration.]

(3) The term of office of the members of standing committee and the procedure for the conduct of business of the standing committee shall be such as may be prescribed

S.47 Standing Committees of Janpad Panchayat and Zila Panchayat

(1) Every Janpad Panchayat and every Zila Panchayat shall from amongst its elected members constitute the following standing committees, namely :-

(a) General Administration Committee.--For all matters connected with establishment and service of Janpad or Zila Panchayat Administration, Integrated Rural Development Programme Planning, Budget, Accounts, Taxation and other financial matters and subjects not covered by the functions allotted to any other committee;
(b) Agriculture Committee.--For Agriculture, animal husbandry, power, reclamation including soil conservation and contour bunding and fisheries compost manuring, seed distribution and other matters connected with development of agriculture and live-stock.
(c) Education Committee.--For education including adult education, social welfare of the disabled and the destitutes, women and child welfare, removal of untouchability, relief of distress caused by Hoods, drought, earthquakes, hail storm, sca

S.47A Resignation

A member of Standing Committee other than General Administration Committee and the Chairman of a Standing Committee other than the General Administration and Education Committees may resign by tendering his resignation in person to the President of the Janpad Panchayat or Zila Panchayat, as the case may be, and his resignation shall take effect from the date of its receipt by the President.

S.47B Dispute regarding validity of election of Member or Chairman

(1) The provisions of Section 122 relating to election disputes and rules made there under shall apply mutatis mutandis in relation to election of Member or Chairman under Sections 46 and 47.

(2) All legal proceedings relating to such election disputes pending before the State Government and its subordinate officers, shall stand transferred to the specified officers having jurisdiction under Section 122.

S.48 Powers and duties of Sarpanch, Up-Sarpanch, President and Vice-President

The Sarpanch and Up-Sarpanch and the President and Vice-President shall exercise such powers and perform such functions, as may be prescribed.

S.49 Functions of Cram Panchayat

It shall be the duty of a Gram Panchayat in so far as the Gram Panchayat funds allow to perform within its areas the following functions :-

(1) sanitation, conservancy and prevention and abatement of nuisance;
(2) construction, repair and maintenance of public wells, ponds and tanks and supply of water for domestic use;
(3) construction and maintenance of sources of water for bathing and washing and supply of water for domestic animal;
(4) construction and maintenance of village roads, culverts, bridges, bunds and other works and building of public utility;
(5) construction, maintenance and clearing of public streets, latrines, drains, tanks, wells and other public places;
(6) filling in of disused wells, unsanitary ponds, pools, ditches and pits and conversion of step wells into sanitary wells;
(7) lighting of village streets and other public places;
(8) removing of obstructions and projections in public s

S.49A Other functions of the Gram Panchayat

Subject to the provisions of this Act and rules made there under and subject to policy, directions, instructions, general or special orders as may be issued by the State Government from time to time. It shall be duty of the Gram Panchayat to,-

(i) prepare annual plans for economic development and social justice of Panchayat area and submission thereof to the Janpad Panchayat within the prescribed time for integration with the Janpad Panchayat plan;
(ii) plan and manage basic civic amenities;
(iii) select beneficiaries under various programme with the approval of Gram Sabha;
(iv) implement, execute and supervise development schemes and construction work within the Gram Panchayat;
(v) ensure the execution of schemes, works, projects entrusted to it by any law and those assigned to it by the Central or State Government or Zila Panchayat or Janpad Panchayat;
(vi) control and monitor beneficiary oriented schemes and programmes;

S.50 Functions of Janpad Panchayat

(1) Subject to the provisions of this Act and the rules made there under, and subject to general or special orders, as may be issued by the Stale Government, from time to time, it shall be the duty of a Janpad Panchayat, so far as the Janpad Panchayat funds allows to make reasonable provision in the Block for the following matters,-

(a) Integrated Rural Development, Agriculture, Social Forestry, Animal Husbandry and Fisheries, Health and Sanitation, Adult Education, Communication and Public Works, Co-operation, Cottage Industries, Welfare of Women, Youth and Children, welfare of disabled and the destitutes and welfare of backward classes, family planning and sports and rural employment programmes;
(b) provision of emergency relief in cases of distress caused by fires, Hoods, drought, earthquake, scarcity, locust swarms, epidemics and other natural calamities;
(c) arrangement in connection with local pilgrimage and festivals;
(d) management of

S.51 Entrustment of certain functions of State Government to Janpad Panchayat

(1) The State Government may entrust, to a Janpad Panchayat or Zila Panchayat functions in relation to any matter to which the executive authority of the State Government extends or in respect of functions which have been entrusted to the State Government by the Central Government and the Janpad Panchayat or Zila Panchayat shall be bound to perform such functions. It shall have necessary powers to perform such functions.

(2) Where functions are entrusted to a Janpad Panchayat or Zila Panchayat under sub-section (1), the Janpad Panchayat or Zila Panchayat hall in the discharge of those functions, act as an agent of the State Government.

(3) There shall be paid by the State Government to the Janpad Panchayat or Zila Panchayat such sum as may be deemed necessary for discharging the functions entrusted to it under this section.

(4) The Janpad Panchayat or Zila Panchayat shall, for the purposes of discharging the functions entrusted to it under this section, be unde

S.52 Functions of Zila Panchayat

(1) Subject to the provisions of this Act and rules made there under and subject to policy, directions, instructions, general or special orders as may be issued by the State Government from time to time, it shall be the duty of Zila Panchayat to,-

(i) prepare annual plans for economic development and social justice of the district and to ensure the co-ordinated implementation of such plan in respect of the matters transferred to Panchayats;
(ii) prepare annual plans in respect of the schemes entrusted to it by the law and those assigned to it by the Central or Stale Government;
(iii) co-ordinate, evaluate, and monitor activities and guide the Janpad Panchayat and Gram Panchayat;
(iv) ensure overall supervision, co-ordination and consolidations of the plans prepared by the Janpad Panchayat;
(v) ensure the execution of schemes, works, projects entrusted to it by any law and those assigned to it by the Central or Stale Government;

S.53 Powers of State Government in relation to functions of Panchayats

(1) (a) Subject to such conditions as may be specified by general or special order issued by the State Government, the Panchayat at the appropriate level shall have the powers and authority as may be necessary to enable them to function as institutions of self Government in relation to matters listed in Scheduled IV including preparation of plans, implementation of schemes for economic development and social justice, and other duties and functions assigned to them under Sections 49, 49-A, 50, 52 and Chapter XIV-A.

(b) The State Government may, by notification, endow Panchayats at the appropriate level with powers and responsibilities for the selection, recruitment, appointment and management of any cadre or cadres of employees required for the efficient implementation of-schemes, subject to the stalling pattern approved by the State Government and such other conditions as it may deem fit.

(2) The State Government may, by general or special order, add to any of the fun

S.54 Powers of Gram Panchayat as to public health facilities and safety

Subject to the rules as the State Government may make in this behalf the Gram Panchayat shall have power :-

(i) to regulate the offensive or dangerous trade;
(ii) to remove the structures and trees;
(iii) to maintain the sanitation, conservancy, drainage, water works, sources of water supply;
(iv) to regulate the use of water;
(v) to regulate slaughter of animals;
(vi) to regulate establishment of workshops, factories and other industrial units;
(vii) to ensure environmental control; and
(viii) to carry out such functions as are necessary by or under the provisions of this Act.

S.55 Control of erection of building

(1) Subject to the provisions of this section no person shall erect any building or alter or add to any existing building or reconstruct any building without the permission in writing of the Gram Panchayat and except in accordance with bye-laws made in this behalf under this Act. Permission shall be presumed to have been granted if no refusal of such permission is communicated by the Gram Panchayat within forty five days of the receipt of the application.

1[(1-A) After 1 January, 2005, permission of construction/ reconstruction/ repairing of any building, shall not be granted by the Gram Panchayat unless it has provision of pour flush latrine.]

(2) If any person erects, alters, adds to or reconstructs any building without the permission of Gram Panchayat and contrary to any such conditions under which permission has been granted the Gram Panchayat may by written notice direct such person to stop the erection, alteration, addition or reconstruction and to al

S.56 Hindrances, obstructions and encroachment upon public streets and open sites

(1) Whoever within the Gram Panchayat area causes any hindrance, obstruction or encroachment over any public street or open site or upon any drain in such street,-

(a) by building or setting up any wall, fence, rail, post, stall, verandah, platform, plinth, step or any other structure; or
(b) without written permission of the Gram Panchayat or contrary to the conditions mentioned in such permission by putting up any verandah, balcony, room or other structure so as to project over any public street or upon any drain in such street; or
(c) by unauthorisedly removing earth, sand or other material from any site; or
(d) by unauthorisedly cultivating any grazing or other land, may be punished with fine, which may extend to one thousand rupees and in case of continuing offence with further fine which may extend to twenty rupees for every day during which such encroachment, obstruction or projection continues after the date of first conviction for su

S.57 Powers to name streets and number of building

The Gram Panchayat may cause a name given to any street and may also cause a number to be affixed to any building and from lime to time, cause such name of streets and number of buildings to be altered.

S.58 Regulation of markets or melas

(1) Save as provided in the Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973), no person except Gram Panchayat shall within the Gram Panchayat area set up, establish or use any place for the purpose of a market or a mela :

Provided that the State Government, may by notification, declare any market or mela to be public market or public mela and the public market or public mela, as the case may be, so declared shall vest in the Janpad Panchayat.

(2) The State Government may make rules to regulate the market or the mela specified in sub-section (1).

S.59 Powers of Janpad Panchayat to turn, divert, discontinue or close roads

A Janpad Panchayat may, with the sanction of the prescribed authority, turn, divert, discontinue or permanently close any road which is under the control and administration of, or is vested in the Janpad Panchayat.

S.60 Encroachment upon road and land vested in Janpad Panchayat

(1) Whoever erects or encroaches or obstructs any road, street, land, building or structure which vest in the Janpad Panchayat shall on conviction be punished with a fine, which may extend to one thousand rupees,

(2) The Chief Executive Officer shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who has caused the said obstruction or encroachment and on his failure to pay, the same shall be recoverable as an arrear of land revenue :

Provided that before proceeding to remove any such obstruction or encroachment, the