[Jharkhand Act - 06 of 2001]
10th May, 2001
An Act to provide regulating provisions for the establishment of Panchayat Raj in State of Jharkhand. Be it enacted by the Legislature of the State of Jharkhand in the fifty second year of the Republic of India as follows :-
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(i) This Act may be called The Jharkhand Panchayat Raj Act, 2001.
(ii) It extends to the whole of the State of Jharkhand except the areas to which provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952); Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of 1922) or Cantonment Act, 1924 (Act II of 1924) apply.
(iii) It shall come into force on such date as the Jharkhand Government may, by notification in the official gazette, appoint and different dates may be appointed for different areas and for different provisions.
1. Subject to the rules made by the State Government for the purpose and under the general or specific orders to be issued by the State Government from time-to-time the Gram Sabha shall perform the following functions, namely -
(a)
Gram Panchayat shall put also place the following matter before the annual meeting of the Gram Sabha, which shall be held at least three months before the commencement of the next financial year:-
Gram Panchayat Shall also place before the Gram Sabha the matters which may be required by the Panchayat Samiti, Zila Parishad, Deputy Commissioner/District Magistrate or any other officer authorized in this behalf;
Gram Panchayat shall under this section implement the recommendations made, if any, by the Gram Sabha in respect of the matters before it, in the light of the rules of the State Government in force for the time being.
In addition to functions specified under section 10 (1) (a) and additional powers and functions of Gram Sabha in scheduled area mentioned under section 10(5), the State Government may from time to time ascertain other additional powers and functions for Gram Sabha in scheduled area.
Gram Sabha shall be at liberty to consider any subject related with the functions of the Gram Panchayat and the Gram Panchayat shall implement its recommendations in the light of the rules in force for the time being.
Functions of the Gram Sabha mentioned in Section 10(1) (a) and section 10 (5) shall not affect the Government Acts/Rules and its jurisdiction for the time being in force.
The State Government may, by general or special order increase the functions and duties delegated to the Gram Sabha or may withdraw the same.
For the purposes of this Act there shall be constituted -
Note (Section - 11)
1. Three tier Panchayat Raj Rule under section (11), a Panchayat Raj Rule has been established by setting up Panchayat at three levels. With the establishment of an important foundational unit of Gram Panchayat under the Panchayat Raj system as per law and with the establishment of Gram Sabha comprising the area thereof, co-operation of the specified village in its administrative and developmental work has been assured under the Panchayat Raj system, and Gram Panchayats have been connected with a Panchayat Samiti, and Panchayat Samities with a Zila Parishad. But, they have independent entity and separate statutory bodies, and have different functions.
1. Subject to the general or special orders of the State Government, the District Magistrate may, by notification in the District Gazette, declare any local area comprising of a village or a group of contiguous villages/groups or tolas or part thereof to be a Gram Panchayat area with a population within its territory, as nearly as five thousand, in perspective of the entire State.
2. The Gram Panchayat shall be specified by the name of the village having the largest population.
Every Gram Panchayat shall be a body corporate by the name of the village specified in the order under section (3) having perpetual succession and a common seal with power to acquire, hold and transfer movable and immovable property within and without the limits of the village over which it has authority, in accordance with the guidelines of the State Government and without prejudice to the Acts for the time being in force, and may in its corporate name sue and be sued.
1. Every Gram Panchayat shall consist of directly elected members and Mukhia.
2. An eminent person within the area of the Gram Panchayat who is nominated, by notification by the State Government.
Provided that the term of such member shall be specified by the State Government;
Provided that the State Government shall also be competent to annul the nomination of such nominated member;
Provided that such nominated member cannot be an office bearer of the Gram Panchayat;
3. Every Gram Panchayat constituted under this section shall be notified in the District Gazette and shall come in the office with effect from the date appointed for its first meeting in which a quorum is present.
(A) For members of the Gram Panchayat (general area)
1. In every Gram Panchayat seats shall be reserved for
2. In case of the overall reservation for Scheduled Castes and Scheduled Tribes being less than 50 percent of the total number of members in a Gram Panchayat, the reservation falling short of 50 percent shall be made for other Backward Classes in proportion to their population provided that overall reservation for Schedule
(i) Every such person whose name is included in the voter list of a village shall be eligible to vote in the Election of Office bearers of the Panchayat in which the said village is included.
(ii) Every such person, unless he is declared disqualified under this Act or any other law in force for the time being, shall be eligible to be elected as
(iii) Bar to concurrent membership-
No person shall be eligible to contest in more than one constituency (ward) for being elected as an office bearer of a Panchayat as the case may be.
No person shall be qualified for an Office bearer of the Gram Panchayat-
(A) Who is not a citizen of India;
(B) Either before commencement of this Act or thereafter-
(1) Who has been convicted of any offence under the Civil Services Conduct Rules, (Civil Services Conduct Act) in force for the time being or under any law relating to use, consumption or sale of intoxicants or under any law in force for the time being in any part of the state unless a period of five years or such a lesser period as the State Government may determine in a particular case, has expired since the date of his conviction;
(2) Who is a person of unsound mind and has been so declared by a competent court;
(3) Who is a declared bankrupt;
(4) Who holds a post of gain under any Panchayat or is in service in any other local authority or in any Co-operative Society or in the State Government or in Public Sector undertaking of the State Government or the Central Government;
(i). There shall be a Mukhia in every Gram Panchayat,
(ii) Any person, who
(a) Is qualified for being elected as Mukhia or Member,
(b) Is neither a member of any house of the Parliament nor a member of the State Legislature, and
(c) Is not a Chairperson or Vice-Chairman of any Co-operative Society,
Subject to the provisions of section (21) a person shall be elected as Mukhia by those people whose names are included in the voters list of the Gram Panchayat, in the manner to be prescribed.
"(i) In General Areas (Non Scheduled Areas), the posts of Mukhia shall be reserved for the candidates belonging to the Scheduled Castes and the Scheduled Tribes in proportion of their population and such posts shall be allotted by rotation in the prescribed manner to different constituencies by the State Election Commission.
(ii) In case of less than fifty per cent, reservation of posts for the Scheduled Castes and the Scheduled Tribes candidates, rest of the posts shall be reserved for the Other Backward Classes in proportion of their population but in any case the total number of posts reserved for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes shall not exceed more than fifty per cent of the total posts.
(iii) Out of the total posts reserved under clauses (i) a
(a) The prescribed authority shall at the earliest possible after every election, call a meeting of elected members and Mukhia, and in the meeting so called; The Gram Panchayat shall, subject to the provisions of sub-section (c) and (d), elect by a majority of votes an Up-Mukhia from amongst its elected members.
(b) Mukhia of the Gram Panchayat shall not be a voter in election of Up-Mukhia, but in case of the votes being equal, he may exercise casting vote.
(c) If the Up-Mukhia becomes a member of any house of Parliament or a member of the State Legislature or Chairman or Vice-Chairman of any Co-operative Society, then as regards him it shall be deemed that he has vacated his post from the date on which he has become a member or Chairman/ Vice-Chairman, as the case may be, and it shall be deemed that a casual vacancy has occurred in the office for the purposes of section 63.
After every election of Mukhia, Up-Mukhia and members, the prescribed Authority shall publish their names in the manner as prescribed.
1 First meeting of the Gram Panchayat may be held within 30 days from the date of publication under section (23). Such meeting shall be called by the prescribed Authority and provisions of section (69) concerning meeting shall apply to the meeting as far as practicable.
2 (a) Oath of Office - Every person before entering upon the Office notified by section (23), shall make and subscribe in the presence of the prescribed Authority, an oath or affirmation in the prescribed manner.
(b) If any member denies to make and subscribe to an oath or affirmation in the proper manner or refuses to put signature on it, or refuses otherwise, it shall be deemed that he has vacated his office forthwith.
3. Office-bearers of the Gram Panchayat shall hold office for a term of five years from the date of its first meeting and no exceeding this;
Provided that not withstanding any thing contained in this sub-section, every person entering upon an office of the Gram Panchayat
(i). Every Gram Panchayat unless sooner dissolved under any law for the time being in force shall continue for a term of five years from the date appointed for its first meetings and not exceeding this.
(ii) Election to constitute a Panchayat shall be completed -
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) sub section for constituting the Gram Panchayat for such period.
(iii) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its term, shall continue only for remainder, of the period for which the dissolved Gram Panchayat would have continued under sub-section (1), had it no
1 If the Gram Panchayat passes a motion of no-confidence by a resolution passed by not less than a three-fourth majority of votes of the members attending the meeting especially called for this purpose and taking part in voting, which is more than two-third of the total members constituting the Gram Panchayat for the time being, the said Mukhia or Up-Mukhia, against whom such motion is passed, shall be deemed to have vacated his office forthwith.
2 Notwithstanding any thing contained in this Act or the Rules made thereunder, no Mukhia or Up-Mukhia shall preside over the meeting called for discussion of no confidence motion against him and the said meeting shall be convened in the prescribed manner and it shall be presided over by the Government Officer appointed by the prescribed Authority. Mukhia or Up-Mukhia, as the case may be, shall have the right to speak or otherwise participate therein.
3. No-confidence motion against a Mukhia or Up Mukhia -
1. If the offices of Mukhia and Up-Mukhia fall vacant simultaneously in a Gram Panchayat, the Executive Officer concerned shall, within fifteen days of such occurrence, call a meeting of the members to elect an Up-Mukhia.
2. The Executive Officer shall be presided over such meeting but he shall not be entitled to vote.
3. In case of votes being equal in the election of the Up-Mukhia, the result shall be determined by lot.
1. The Mukhia of a Gram Panchayat may be recalled, by a secret voting, by a majority of votes of more than half the total number of members constituting the Gram Sabha within the Gram Panchayat, in the manner prescribed; and the Mukhia shall be deemed to have vacated his office forthwith;
Provided that any such procedure for recalling shall be initiated only when not less than one-third of the total members of the Gram Sabha has presented a written representation before the District Magistrate/ Deputy Commissioner;
Provided also that any such procedure shall not be initiated until -
2. An elected member of a Gram Panchayat shall be deemed to have vacated his office forthwith if more than half of the total number of members of the Gram Sabha constituting the said territorial constituency (Wa
1. Mukhia or Up-Mukhia may resign his office by writing under his hand addressed to the District Panchayat Raj Officer.
2. Every resignation under sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt by the District Panchayat Raj Officer unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the District Panchayat Raj Officer.
3. A member of the Gram Panchayat may resign his membership by writing under his hand addressed to the Mukhia of the Gram Panchayat and his office shall fall vacant on the expiry of the fifteen days from the date of such resignation.
4. The member tendering resignation under sub-section (3) may withdraw such resignation by writing under his hand addressed to the Mukhia before the expiry of fifteen days from the date of its receipt.
Without any prejudice to the provisions of this Act, the Mukhia/Up-Mukhia may be removed from his office by the State Government on being found guilty of misconduct or negligence in his duties, dereliction or persistently remiss the discharge of his duties or any disgraceful conduct and the Mukhia/ Up-Mukhia removed as such shall not be eligible to be re-elected as Mukhia or member during his remaining tenure in the said Gram Panchayat;
Provided that such any Mukhia/Up-Mukhia shall not be removed from his office unless he is given a reasonable opportunity to submit his explanation.
1. As to the newly elected Mukhia, it shall be deemed that he has assumed charge of his office as per provision in section (24) from the date of the first meeting.
2. In case the outgoing Mukhia does not make over charge of any document or property in his possession to the newly elected Mukhia or denies to make over the same, then the prescribed Authority, may by an order in writing, direct the outgoing Mukhia to make over forthwith all such documents or properties which are in his possession in the capacity of Mukhia, to the New Mukhia, Up-Mukhia or Secretary of the Gram Panchayat, as the case may be.
3. If the outgoing Mukhia does not comply the direction under sub-section (2), the prescribed Authority shall take necessary action to initiate prosecution under section (111).
4. The Mukhia against whom action under sub-section (3) was taken and who has been found guilty, shall be held disqualified for being a member or Office-bearer of the Panchayat for a perio
The Governor may, by notification divide a district into blocks. Name of each such block, its head quarters and area comprised therein shall be specified in the notification. There shall be a Panchayat Samiti for every block, which shall be known by the name of the said Block, and any area of the Block falling under any municipal corporation, municipality, notified area or cantonment board shall not be included within its jurisdiction.
1. Every Panchayat Samiti shall consist of -
Provided such member of the Lok Sabha or the Legislative Assembly whose constituency falls entirely in the urban area, shall not be a member of the Panchayat Samiti;
Provided further also that if any such member of the Lok Sabha or Rajya Sabha, or the State legislative Assembly, who is a member of Panchayat Samiti, is unable to attend any meeting of the Panchayat Samiti due to absence, illness or any other cause, he may nominate his such representative to attend the meeting of the Panchayat Samiti. Who has the qualifications as prescribed?
Every Panchayat Samiti shall be a body corporate in the name of its Panchayat Samiti having perpetual succession and a common seal, and the shall, subject to such restrictions as may be imposed by or under this Act or any other Act, have vested in it the powers to sue or be sued or to acquire, hold and transfer movable or immovable property within or beyond the limits of its jurisdiction or to enter into agreements and to do everything necessary, proper and expedient for the purposes for which it has been constituted in its own corporate name.
(A) Reservation of seats of the Panchayat Samiti (in general area) -
1. In every Panchayat Samiti there shall be reserved seats for
The number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to filled up by direct election in that Panchayat Samiti as the population of the Scheduled Castes or of the Scheduled Tribes in that Panchayat Samiti area bear to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the State Election Commission in the prescribed manner;
Provided that for the purposes of calculation of number of seats to be reserved for the Scheduled Tribes in a Panchayat Samiti in an area, other than the scheduled areas, becoming a part of the said Panchayat Samiti the total population of the scheduled areas falling within the said Pa
Any Person shall not be qualified to be an Office-bearer of the Panchayat Samiti,
(A) Who is not a citizen of India;
(B) Who, either before the commencement of this Act or thereafter,
The prescribed Authority as soon as practicable after election of members of the Panchayat Samiti, shall convene a meeting of elected members of the Panchayat Samiti to elect a Pramukh and an Up-Pramukh.
(A) Reservation of Post of Pramukh and Up-Pramukh (In general area) -
Names of the members, Pramukh and Up-Pramukh of the Panchayat Samities shall be published by the prescribed Authority in such a manner as may be prescribed.
1. First meeting of the Panchayat Samiti shall be held within 30 days from the date of publication under section (41), such meeting shall be called by the prescribed Authority and the provisions of section 69 shall apply to the said meeting as far as practicable.
2. (a) Oath of Office - Every person before assuming office notified under section (41) shall make and subscribe in presence of the prescribed Authority an oath or affirmation in the prescribed manner.
(b) If any member denies to make and subscribe an oath or affirmation in a proper manner or refuses otherwise so to do, it shall be deemed that he has vacated his office forthwith.
3. An Office-bearer of the Panchayat Samiti shall hold office for a term of five years from the date of the first meeting and not more than this, unless otherwise provided in this Act;
Provided that notwithstanding any thing contained in this sub-section, an Office-bearer of the Panchayat Samiti shall forthwith cease to
1. If the Panchayat Samiti passes a motion of no-confidence by a resolution passed by not less than the three-fourth majority of votes of the members attending the meeting, especially called for the purpose, and taking part in the voting, which comes to more than three-fourth of the total number of members constituting the Panchayat Samiti for the time being, the said Pramukh or Up-Pramukh, against whom such motion is passed, shall with immediate effect cease to continue in his office.
2. Notwithstanding any thing contained in this Act or the Rules made thereunder, no Pramukh or Up-Pramukh shall preside over the meeting called for discussion of no-confidence motion against him, and the said meeting shall be convened in the prescribed manner and shall be presided over by the government officer appointed by the prescribed Authority. The Pramukh or the Up-Pramukh, as the case may be, shall have the right to speak or participate otherwise in the said meeting.
3. No-confid
1. The Pramukh at any time may tender his resignation in writing to the Sub-Division Magistrate.
2. Each resignation under sub-section (1) shall be effective on expiration of 15 days from the date of its receipt by the Sub Divisional Magistrate unless he withdraws such resignation in writing under his hand addressed to the Sub-Divisional Magistrate within the said period of 15 days.
3. The Up-Pramukh at any time may tender his resignation in writing to the Pramukh or in his absence to the Sub Divisional Magistrate.
4. Each resignation under sub-section (3) shall be effective on expiration of 15 days from the date of its receipt by the Pramukh or the Sub-Divisional Magistrate unless he withdraws such resignation in writing under his hand addressed to the Pramukh or the Sub-Divisional Magistrate within those 15 days.
5. A member of the Panchayat Samiti may resign from his office in writing under his hand addressed to his Pramukh.
6. Every resignatio
Without prejudice to the provisions of this Act a Pramukh/Up-Pramukh may be removed from office by the State Government on his being found guilty of misconduct in discharge of his duties negligence or incapability to perform his duties or being persistently remiss in discharge thereof or of any disgraceful conduct, and the Pramukh or Up-Pramukh so removed shall not be eligible for re-election as member during the remaining term of office of such Panchayat Samiti area;
Provided that no Pramukh or Up-Pramukh shall be removed from office unless he has been given a reasonable opportunity to submit his explanation.
1. Save as provided in this Act, the tenure of every Panchayat Samiti shall be for five years from the date of its first meeting and not more than this.
2. By virtue of any amendment in any law in force for the time being, a Panchayat Samiti, which has been functioning since immediately before such amendment, shall not be dissolved till expiry of the period specified in sub-section (1).
3. Election work concerning constitution of any Panchayat Samiti shall be completed in the following manner:
Provided that should the remaining term of office of the dissolved Panchayat Samiti is less than a period of six months, it shall not be necessary to hold any election under this section for constitution of the Panchayat Sami
For every district there shall be a Zila Parishad having jurisdiction, save as otherwise provided in this Act, over the entire district excluding such portions of the district as are included in a Municipality or are under the authority of a Municipal Corporation, Cantonment Board or a Notified Area Committee constituted under any law for the time being in force.
Every Zila Parishad shall be a body corporate by the name of its Zila Parishad, shall have perpetual succession and a common seal and, subject to such restrictions as are imposed by or under this Act or any other Act, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property movable and immovable, whether without or within the limits of the area over which it has authority of entering into contracts and of doing all things necessary, proper or expedient for the purpose for which it is constituted.
1. Every Zila Parishad shall consist of the following.-
1. The District Magistrate, by publishing a notification in the District Gazette, may divide the District into Territorial Constituencies for each Zila Parishad possibly for the nearest of 50 thousand population, keeping in view the total population of the district.
2. For convenience of election, in accordance with the rules prescribed by the Government in this regard, the prescribed Authority -
(A) Reservation of Seats of Zila Parishad (In general area) -
1. In every Zila Parishad there shall be reserved seats for -
And the number of seats so reserved shall, bear as nearly as possible the same proportion to the total number of seats to be filled up by direct election in that Zila Parishad as the population of the Scheduled Castes in that Zila Parishad area or of the Scheduled Tribes in that Zila Parishad area bear to the total population of that area, and such seats shall be allotted by rotation to different constituencies in a Zila Parishad by the State Election Commission in the prescribed manner.
2. In case of reserved seats for the Scheduled Castes and the Scheduled Tribes taken together in a Zila Parishad being less than 50 percent of the total number of members, reservation of posts falling short of 50 percent shall be reserved for the other Backward Classes in proportio
1. Every such person whose name is included in the voter's list of a village, shall be eligible to vote in election of an Office-bearer of the Zila Parishad of the area comprising of the said village;
2. Every such person
3. Bar to concurrent membership - No person shall be eligible to contest for election of an Office-bearer of a Zila Parishad from more than one Zila Parishad territorial constituency, as the case may be.
Any person shall be qualified for election as Office-bearer of a Zila Parishad -
(A) Who is not a citizen of India;
(B) Either before commencement of this Act or thereafter -
1. Has been convicted of any offence under the Civil Services Conduct Rules (Civil Services Conduct Act) in force for the time being or under any law relating to use, consumption or sale of intoxicants or under any law in force for the time being in any part of the state unless a period of five years or such a lesser period as the State Government may determine in a particular case, has expired since the date of his conviction;
2. Is insane and has been declared as such by a competent court;
3. Has been declared bankrupt;
The prescribed Authority, as soon as possible after the election of the members of the Zila Parishad, shall convene a meeting of the elected members of the Parishad to elect its Adhyaksha and Upadhyaksha.
(A) Reservation of Posts of Adhyaksha and Upadhyaksha of Zila Parishad (In general area) -
Provided that if the total number of Adhyaksha belonging to the Scheduled Tribes in the Scheduled Areas is beyond the proportion of their population in the State, further reservation shall not be provided.
Names of the members, the Adhyaksha and the Upadhyaksha of a Zila Parishad shall be published by the prescribed Authority in such a manner as may be prescribed.
Provided that notwithstanding any thing contained in this sub-section
Without prejudice to the provisions of this Act, the Adhyaksha/ Upadhyaksha may be dismissed by the State Government on his being found guilty of misbehavior or negligence in his duties or in competency in performance of his duties or persistently remiss in discharge there of or any disgraceful behavior, and the Adhyaksha/Upadhyaksha so dismissed shall not be eligible for re-election as member during the remaining term of the said Zila Parishad.
Provided that any such Adhyaksha or Upadhyaksha shall not be dismissed unless he is given a reasonable opportunity to submit his explanation.
(a)
(b) By virtue of any amendment in any law in force for the time being a
Provided that if the remaining period of the dissolved Zila Parishad, during which it would have been functional, is less than six months, then no election whatsoever shall be necessary under this Section;
Provided also that a Zila Parishad
Notwithstanding anything contained in this Act or the Rules made thereunder, any clerical error or omission relating to reservation of seats under section (17), (21), (22), (36), (40), (51) and (55), which is apparent on more perusal of the record, may be rectified by the prescribed Authority on behalf of the State Government or with prior permission of the Officer Authorized for this purpose, any time before commencement of the election proceedings.
1. In the event of death or no-confidence motion being passed against or removal or resignation of an Office-bearer of the Panchayat or his becoming a member of the State Legislative Assembly or a member of any house of the Parliament before expiry of his tenure, it shall be deemed that a casual vacancy has been caused in such office, and such vacancy shall as soon as possible be filled up by election according to the provisions of the Act and the Rules made thereunder.
2. In the event of casual vacancy occurring in the office of the Mukhia in a Gram Panchayat, as the case may be, the Executive Officer of the Panchayat Samiti shall forthwith call an special meeting of the Gram Panchayat, presided over by the same before of his voting right, but the said meeting should not be held 15 days after the date of receipt of information from the prescribed Authority; and the members shall elect one member from amongst them who shall temporarily hold the office until a new Mukhia is e
1. The State Government may specify provisions to suspend an Office-bearer of the Panchayat under chapter 5-A, 6, 9, 9-A, 10, 12 and section 302, 303, 304, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter 16, section 395 to 398, 408, 409, 458 to 460 of chapter 17 and chapter 18 of the Indian Penal Code, 1860 (No. 45 of 1860) or any law for the time being in force appertaining to prevention of adulteration of food and medicines, Suppression of immoral traffic in women and boys, maintenance of civil rights and prevention of corruption.
2. An Office-bearer of the Panchayat shall suo-motu be deemed relieved of his office with effect from the date on which he is convicted of an offence under chapter 5-A, 6, 9, 9-A, 10, 12 sections 302, 303, 304, 304-B, 305, 306, 312 to 318, 366-A, 366-B, 373 to 377 of Chapter 16 and sections 395 to 398, 408, 409, 458 to 460 of chapter 17 and chapter 18 of the Indian Penal Code, 1860 (No. 45 of 1860) or any law for the time being i
(1) Notwithstanding anything contained in act any candidate i.e. member of Gram Panchayat Mukhia of Gram Panchayats, Members of Panchayat Samiti or member of Zila Parishad for the elections or after the elections disqualified for the post, if the candidate disqualified under section 19, 38 and 53 of the act.
(2) Notwithstanding anything contained any person shall not be eligible for elections of member of Gram Panchayat, Mukhia of Gram Panchayat, Member of Panchayat Samiti or Member of Zila Parishad, if such candidates does full fill the criteria under sections, sub section- (II) of section- 18, sub section-(2) of section- 37 and sub section (2) of section- 52 of the act;
Provided that if any candidate elected on such post/places under the said provisions of act, on the post reserved for schedule cast or schedule tribe or other backward class or woman seats and candidate does not belongs to that category and the candidature has not been challenged by fili
1. If a person gets elected in more than one Panchayat Office, he may by giving a notice in writing under his signature to the prescribed Authority within 10 days from the date on which he has been elected or if elected on different dates, then from those subsequent dates, inform him as to which of the Panchayat he wants to serve as Office-bearer and thereupon his seat shall fall vacant in other Panchayat in which he does not want to serve.
2. In the event of not opting in accordance with sub-section(1) within the period mentioned above, it shall be deemed that option for one of the offices has been made in the following order :
(a) Member of Zila Parishad,
(b) Member of Panchayat Samiti,
(c) Mukhia of Gram Panchayat,
(d) Member of Gram Panchayat.
Provided that if any such person has attended any meeting of a Panchayat before giving the notice, it shall be deemed in respect to him that he has expressed his option for an office in the said P
(i) Every election candidate by himself or through it’s election agent shall maintain all expenditure account separately and accurately from the date of nomination till declaration of result.
(ii) Account shall be maintained in the duly provided Performa by the State Election Commission.
(iii) The total expenditure as mentioned above shall not exceed the limit decided by the State Election Commission.
(iv) Every candidate shall submit election expenditure in duly provided Performa before District Election Officer (Panchayat) within 30 days from declaration of the result of the Panchayat Election through his returning Officer which will be the true copy of Account maintained by him or his Election agent.
(i) If the State Election Commission is convinced that-
(a) Candidate failed to submit election expenditure Account within the prescribed time and date as per State Election Commission and
(b) The reason for failure of non submission of Election Expenditure Account within time is not convincing and is not in accordance with law. State Election Commission, after due enquiry and after providing sufficient time for hearing the party shall disqualify the candidate from election and notify it in the State Gazette and such person shall be disqualified for three years.
(c) District Election Officer (Panchayat) shall examine by authorization such Account and after providing sufficient time for hearing the party shall disqualified the candidate from election and notified it in the State Gazette and such person shall be disqualified for three years.
(ii) State Election Commission shall be the competent authority to reduce the tenure of disqualification or remove t
1. State Election Commission - There shall be a State Election Commission constituted by the Governor for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats. All the powers regarding election shall be vested in the State Election Commission constituted by the State Government.
2. There shall be an Election Commissioner in the State Election Commission, who will be appointed by the Governor.
3. Service-conditions and term of office of the State Election Commissioner shall be prescribed by the Governor.
Provided that the State Election Commissioner may only be removed from his office by adopting the procedure prescribed by the State Government and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
4. The Governor, on recommendation of the State Election Commission, for the purposes of constituting Pancha
1. In exercise of the powers under section (66), the State Election Commission in consultation with the State Government may appoint officers and employees to conduct election of the Panchayats.
2. The State Election Commission may assign such duties and functions to the officers and employees appointed under sub-section (1) and vest in them such powers and in respect of such areas as it thinks necessary or thinks proper for conducting of election and matters related and ancillary thereto.
3. Administrative machinery for conduct of election -
The State Government, in consultation with the State Election Commission, shall make Rules for preparation of Electoral Roll and for conducting all elections of Panchayats.
1. Subject to the provisions of this Act, the procedure of transaction of Business and meeting of a Panchayat shall be such as may be prescribed.
2. The Adhyaksha and other members of a Panchayat, irrespective of their having been elected by direct election from territorial constituencies or not, shall have the right to vote in meetings of the Panchayats.
3. Quorum for a meeting of a Zila Parishad and a Panchayat Samiti shall be of one-third of the members constituting the Panchayat concerned for the time being and quorum for a meeting of a Gram Panchayat shall be half of the members constituting the Panchayat Concerned for the time being.
4. If the members present in the meeting do not meet the quorum the Presiding Authority shall adjourn the meeting to such work and date as may be fixed by him. A notice of the effect of adjourned meeting as such shall be pasted in the office of the Panchayat. No quorum shall be required for a meeting adjourned as such and no
A matter once finally disposed of by the Panchayat shall not be reviewed by it within a period of 6 months unless a written consent of not less than three - fourth of its members, who are entitled to vote, with respect thereto has been obtained, or unless the prescribed Authority has given directions to review the same.
1. A Gram Panchayat may constitute seven standing committees for discharge of its functions and duties, and such committees shall be under ordinary control of the Gram Panchayat and such committees shall exercise such powers as may be conferred on them by the Gram Panchayat -
1. Every Panchayat Samiti and every Zila Parishad shall constitute, from amongst its elected members, the following standing committees:-
2. General Administrative Committee shall consist of the Chairman/Chair-persons of all the constituted standing committees as specified in sub-section (1)
3. Each Committee, other than the General Administrative Committee shall consist of at least six members who shall be elected by the members of the Panchayat Samiti or the Zila Parishad, as the case may be, from amongst themselves but the Committee for education a
(A) Powers, function and duties of Mukhia and Up-Mukhia -
i) Power, function and duties of Mukhia. The Mukhia Shall -
The State Government may, by ordinance, annul or include the powers, functions and duties specified for the Office-bearers of the Panchayats by virtue of sub-section (A), (B), (C) of section (73).
(A) Functions of Gram Panchayat - subject to such conditions as may be specified by the Government from time to time, and to the extent the fund of Gram Panchayat also the Gram Panchayat shall perform the functions specified below:
(23) Welfare of weaker sections and in particular the Scheduled Castes and Scheduled Tribes -
(24) Health and family welfare -
(25) Social welfare and social security including women welfare -
(26) Maintenance and preservation of community assets -
(27) Public distribution system -
(28) Management of Child Development Programme.
(29) Enhancing Cooperative activities -
(30) Encouraging the common people towards saving and promoting collective saving system.
(31) Organising self- help groups and activating villagers towards a self dependant village.
(32) Maintenance of records of birth, death, marriage etc. and arousing awareness in people to register birth and death.
(33) Others -
(B) Additional functions of Gram Panchayat in Scheduled Area -
Without prejudice to the generality of the powers conferred by this Act, a Gram Panchayat, in the scheduled area, subject to the general, control and instruction of the Gram Sabha, shall have the following powers:-
(C) The functions of the Gram Panchayat mentioned in sub-section (A) and (B) of section (75) shall not affect the other Acts/ Rules of the Government in force for the time being, nor their jurisdiction.
(D) The government may delegate powers by amending the Acts/ Rules in force for the time being relating to the functions of the Gram Panchayat or its additional functions mentioned in sub-section (A) and (B) of section (75) after due deliberation.
(A) Functions of Panchayat Samiti -
Subject to such conditions as may be prescribed by the Government from time to time, as far as in keeping with the Panchayat Samiti Fund, the Panchayat Samiti shall perform in its area the functions enumerated as follows:-
(A) Functions of Zila Parishad -
Subject to such conditions as my prescribed by the Government from time to time, the Zila Parishad shall perform the following functions:
(1) (a) Subject to such conditions as may be specified by the State Government by general or special order, the Panchayats shall, at proper levels, have such powers and authority, appertaining to the subjects listed in schedule (1) within which the preparation of plans and implementation of schemes for economic development and social justice comes and also other duties and functions conferred under section
(b) The State Government, by notification, for the sake of efficient implementation of schemes, may confer on the Panchayats the powers and responsibilities at proper levels for selection of required cadres or any cadres of employees, their recruitment, employment and managing subject to the approved staffing pattern (hierarchical structure) the State Government and such others conditions as it may consider proper.
(2) The Sta
Subject to such rules as may be made by the State Government in this behalf, a Gram Panchayat shall have powers -
The Gram Panchayat may take actions as per the specified rules with the object of preventing encroachment over public streets, buildings and houses in villages.
(1) Any person who, within the Gram Panchayat area, will cause any obstruction and hindrance to and trespass over any public street or open places or any drain on such street.
With the prior permission of the prescribed Authority, Gram Panchayat, Panchayat Samiti, or Zila Parishad may enter into a compromise in respect of any such suit which has been filed by or against it or in respect of any such claim or demand, which has arisen out of any contract, entered into under this Act, on such terms as it thinks proper.
(1) Save as provided in the Agricultural Market Act for the time being (in force), no person other than the Gram Panchayat shall either fix or use any place within the Gram Panchayat for the purpose or establishment of any market or fairs;
Provided that the State Government may by notification declare any market or fair to be public market or public fair, and the public market or the public fair declared as such shall be vested in the Panchayat Samiti.
(2) The State Government may make rules for the market or the fair specified in sub-section (1).
(1) Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof;
Provided that in every case of disposal of immovable property by the Gram Panchayat, it shall have to obtain prior permission of the Government.
(2) All property within the local limits of the jurisdiction of the Gram Panchayat of the nature herein after in this section specified, other than property maintained by the Central or the State Government or a local Authority or any other Gram Panchayat shall vest in and belong to the Gram Panchayat and shall with all other property of whatsoever nature of kind which may become vested in the Gram Panchayat, be under its, direction, management and control, that is to say;
(1) Panchayat Samiti shall have power to acquire, hold and dispose of property and to enter into contract with respect thereof;
Provided that in every case of disposal of immovable property, it shall have to obtain prior approval of the Government.
(2) All roads, buildings or other structures constructed by a Panchayat Samiti with its funds shall be vested in it.
(3) The State Government may allocate to a Panchayat Samiti and public property situated within its jurisdiction and thereupon such property shall come under the control of Panchayat Samiti;
(4) The State Government may take back any property allocated to a Panchayat Samiti under sub-section (3). For such transfer no compensation other than the amounts paid by the Panchayat Samiti or the market value, of any building erected or any work executed by the Panchayat Samiti on the said property, prevalent on the date of the taking - back, shall be payable.
Provided that no compensation in resp
(1) The Zila Parishad shall have the power to acquire, hold and dispose of property and enter into contract in respect thereof;
Provided that in every cases of acquisition or disposal of immovable properties, it shall have to obtain prior approval of the Government.
(2) All roads, buildings or other structure constructed by the Zila Parishad with its funds shall be vested in it.
(3) The State Government may allocate to the Zila Parishad any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of, Zila Parishad;
(4) The State Government may take back any property allocated to a Zila Parishad under sub - section (3). For such transfer, no compensation other than the amount paid by the Zila Parishad or the market value, of any building erected or any work executed by the Zila Parishad on the said property, prevalent on the date of the taking - back, shall be payable;
Provided tha
(i) Assignment of funds to Panchayat -
For such purposes and subject to such conditions and limits as the State Government may consider fit, the State Government may assign to any Gram Panchayat, Panchayat Samiti and Zila Parishad such taxes, tolls and fees as levied and collected by the State Government, and may give grants out of the consolidated fund of the State.
(ii) Use of Panchayat Fund -
(1) Grant in aid to Panchayat -
The State Government shall give to the Gram Panchayat, the Panchayat Samiti and the Zila Parishad such grant, in aid as may be determined on the basis of the recommendations of the Finance Commission.
(2) Power to give grant in aid-
Subject to the prior sanctions of the State Government or the prescribed Authority, the Gram Panchayat, the Panchayat Samiti or Zila Parishad may provide grants in aid for any work of public utility.
(1) Any immovable property vested in or belonging to the Gram Panchayat, the Panchayat Samiti or Zila Parishad shall be sold, gifted, mortgaged or exchanged or leased or transferred on the exclusive sanction of the State Government or any officer authorised on this behalf, and not otherwise.
(2) The procedure of transfer of an immovable property shall be such as may be prescribed by the State Government.
(1) Establishment of Gram Panchayat -
Provided that a person holding charge of Secretary of a Gram Panchayat immediately before commencement of this Act shall continue to work as such till appointment of a Secretary is made in according with this section;
Provided further that no person shall assume charge of Secretary in a Gram Panchayat if he happens to be a relative of any Office-bearer of the concerned Gram Panchayat;
1. During absence of Secretary of a Gram Panchayat, Executive Officer of a Panchayat Samiti or Chief Executive Officer of a Zila Parishad due to leave, retirement or death or resignation or transfer or otherwise, the prescribed Authority shall as soon as possible make such arrangement, to conduct the business of the office of the Secretary of the Gram Panchayat, The Executive Officer of the Panchayat Samiti and the Chief Executive Officer of the Zila Parishad respectively, as he thinks proper. A person while working in such office shall exercise all those powers which have been conferred on the Secretary of a Gram Panchayat, The Executive Officer of a Panchayat Samiti, the Chief Executive Officer of a Zila Parishad as the case may be by this Act or the rules made thereunder;
2. The Secretary of a Gram Panchayat, the Executive Officer of a Panchayat Samiti, the Chief Executive Officer of a Zila Parishad as the case may be shall be responsible for keeping and maintaining the r
1. The State Government may depute such servants in service of the Panchayat whom it considers necessary; service conditions of the said deputed servants as such shall be such as may be prescribed by the State Government from time to time.
2. (a) Subject to the Provisions of Section (90), every Panchayat may, with prior approval of the prescribed Authority, depute or appoint such other officers and servants whom it considers necessary for efficient discharge of its duties.
(b) Qualifications, method of recruitment, salary, leave, allowance and other conditions of service including disciplinary matters of such officers and employees shall be such as may be prescribed by the State Government;
(I) Taxation by a Gram Panchayat-
(i) Subject to the rules as may be made in this behalf and the maximum rate, specified a Gram Panchayat may impose yearly :-
(a) Tax on occupant of a holding;
(b) On professions, trades, callings and employments carried on or held within the local limits of its jurisdiction, a tax on the basis of total annual income, accrued from such profession, trades, callings and employments;
(ii) Subject to the maximum rate as the Government, may prescribe, a Gram Panchayat may realize the following fees and rates, namely -
(a) Fees on registration of vehicles which are not registered under any other law in force at that time;
(b) Fees for providing sanitary arrangement of such place of pilgrimage, haats and mela within its jurisdiction as may be specified by the Government, by notification;
(c) Water tax, where an arrangement for the supply of water for drinking, irrigation or any other purpose is made by the G
places of pilgrimage and Melas or shall not realise fees at those places, if the said vehicle has already been registered by any other authority under any rule for the time being in force or provision for sanitation has already been made by any local authority;
(1) At district level, a separate fund bearing the name of Panchayat Raj Fund shall be constituted and shall be operated in the manner as may be prescribed by the State Government.
(2) Receipts (Proceeds) of the cess under section (93) or such other taxes under the Panchayat as may be specified by the State Government shall be deposited in the said Fund, after making deduction of such collection charges as may from time to time be determined by the State Government.
(3) Receipts of additional stamp fees if any, shall at the first instance be deposited in the consolidated fund of the state in such a manner, as may be prescribed and the State Government may, at the commencement of every financial year, if such provision is made by appropriation (Bill) passed in this behalf by the Legislative Assembly, withdraw from the consolidated fund of the State such an amount which is equal to the receipts realised by the State Government in the preceding year.
(4) Distribut
1) The State Government may make rules for regulation of imposition, assessment, collection and distribution of the shares of the taxes under section (93).
2) Any objection regarding any assessment shall be entertained only in accordance with the provisions of this Act or the rules made thereunder and not otherwise, and liability of a person for his being assessed or taxed shall be questionable under this Act or under the provisions made thereunder, not otherwise.
The Panchayat Raj may give on contract the work of collection of any fees specified by the Government through public auction in the prescribed manner.
Under this Act any arrear in respect of -
shall be realised by the prescribed Authority, like land revenue.
When a person fails to pay a tax, fee, rate or any amount due, he shall be liable to pay, besides the amount due, a fine at the prescribed rate on the said amount in consequence of procrastination.
(1) If it appears to the State Government on a complaint made to it or otherwise that the burden of taxes imposed by a Gram Panchayat, Panchayat Samiti or Zila Parishad is excessive on tax payers, then after calling for a report from the Panchayat concerned, it may suspend or reduce the amount of any tax or the rate thereof.
(2) The State Government, suo-motu or otherwise, after giving opportunity to the Panchayat to express its opinion on the subject, by an order may exempt wholly or partly any person or class of persons or any property or properties of any description whatsoever from payment of any tax on such conditions as may be specified in the said order.
1. The State Government, for inspection of the working of Gram Panchayats, the Panchayat Samities or the Zila Parishad, may duly authorize any such officers to inspect their working, subject to the specific rules.
2. The Officer authorized under sub-section (1), for the purposes of inspection of Gram Panchayats, the Panchayat Samities, the Zila Parishads, shall exercise such powers as may be prescribed.
3. The Office-bearer, officers and servants of the Gram Panchayat, the Panchayat Samiti and the Zila Parishad shall be obliged to give all such information and produce all such records as may be called for by the Inspecting Officer.
1. The State Government or the prescribed Authority, by an order in writing and for the reasons mentioned therein, may suspend, compliance of any order issued or any license or permission granted in view of resolution passed by a Panchayat or may prohibit performance of any function by a Gram Panchayat, if in his opinion -
(1) The State Government or the prescribed Authority, by an order in writing may give direction for performance of any of such duties or in respect of any of such works imposed on any of the Gram Panchayats, Panchayat Samities and Zila Parishads by or under this Act or by or under any other law for the time being in force, which is not performed or executed accordingly by any of them and the performance or execution whereof by the said Gram Panchayat, Panchayat Samiti or Zila Parishad is necessary in public interest in the opinion of the State Government or the prescribed Authority.
(2) The Gram Panchayat, The Panchayat Samiti or the Zila Parishad shall be bound to comply the directions issued under sub- Section(1); and if it fails to comply, the State Government or the prescribed Authority shall have all the powers to get those directions complied at the cost of the Panchayat, if any, and in exercise of the said powers, he shall be entitled to the same protection and same l
(1) Notwithstanding any thing contained in this Act, it shall be lawful for the Government to issue directions in matters of State and National policies and such directions shall be binding on the Gram Panchayats, Panchayat Samities and Zila Parishads.
(2) The State Government -
(1) The Government may, at any time for the reasons to the recorded, caused an inquiry to be made by any of its officers in regard to any Gram Panchayat, Panchayat Samiti or Zila Parishad on any matters with respect to which the sanction approval, consent or orders of Government is required under this Act.
(2) The officer holding such inquiry shall have the powers of the Civil Court under the Code of Civil procedure, 1908, to take evidence and to compel attendance of witnesses and production of documents for the purpose of inquiry.
(3) The Government may make orders as to the cost of the inquiries made under sub-section (1) and as to the parties by whom and the funds out of which they shall be paid and such orders may, on the application of the commissioner of any person named therein be executed as if, it were a decree of a Civil Court.
(1) For the purposes of efficient and economical execution of the construction works or development - Schemes - under taken by a Gram Panchayat, Panchayat Samiti, Zila Parishad, an officer or person authorized by any general or specific order of the Government considers it necessary specified for that purpose to give technical guidance or assistance to any officer of or under the Gram Panchayat, Panchayat Samiti or Zila Parishad, who is charged with the execution or maintenance of any such construction works or development scheme, then the officer or person so authorized may for rightly inspect such construction works or development schemes to give such guidance, assistance or advise as he thinks necessary in relation to such construction works or development schemes and shall forward to the Gram Panchayat, Panchayat Samiti or Zila Parishad a report on the inspection made pointing out there in any irregularity noticed and this suggestions for improvement.
(2) In implementing
(1) Not with standing the Transfer of any powers, functions and duties in respect of any matters to a Panchayat under this Act, the Government on proposal from the Gram Panchayat, Panchayat Samiti, Zila Parishad in that behalf or where it is satisfied that by reason of a change in the nature of the matter such as conversion of a primary health centre into a secondary health centre or hospital or conversion of a road into a high-way, the matter would cease to be a matter in the relevant Panchayat - functions- list and it is necessary to withdraw from the Panchayat the powers, functions or duties in respect of such matters, may, be notification in official Gazette, withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including taking over of the rights and liabilities if any vested in the Gram Panchayat, Panchayat Samiti, Zila Parishad, and of the
(1) If at any time it appears to the State Government or the Prescribed Authority that a Gram Panchayat, Panchayat Samiti or Zila Parishad is persistently defaulting in performance of the duties imposed on it by or under this Act or any other Law for the time being in force or exceeds abuses its powers or does not obey any order of the State Government or the competent authority, then the authority as prescribed by the State Government, on holding such inquiry as he deems proper, may by an order dissolve the said Gram Panchayat, Panchayat Samiti or Zila Parishad and may order to constitute the same de novo.
(2) No order under sub-section (1) shall be passed until (The Gram Panchayat, Panchayat Samiti or Zila Parishad), as the case may be, has been provided with reasonable opportunity to submit its explanation. A notice calling for explanation shall be addressed to the Mukhia, Pramukh or Adhyaksha of the Gram Panchayat, Panchayat Samiti or Zila Parishad respectively and shall
(1) Every member, Office-bearer, officer or servant of a Gram Panchayat, Panchayat Samiti and Zila Parishad shall be personally responsible for any such loss, wastage or misappropriation of any fund or other property belonging to them, wherein he has been a party or which has been caused due to his Act of misconduct or gross negligence towards his duty. The amount required for compensating the said loss, wastage or misappropriation shall be recovered by the prescribed authority;
Provided that no recovery under this section shall be made unless the person concerned has been given a reasonable opportunity of hearing.
(2) If the person concerned fails to pay the amount, action for recovery of the said amount will be taken accordance to the prescribed procedure.
(1) In case of any dispute arising between two or more Gram Panchayats or Panchayat Samities or Zila Parishads on one side and any other local authority on the other in respect of such a matter in which they are jointly interested, the said dispute shall be referred to the State Government and the decision of the State Government thereto shall be final;
Provided that if the dispute is between the Gram Panchayat, Panchayat Samiti and Zila Parishad on the one side and the cantonment Board on the other, then the decision of the State Government shall be subject to approval by the Central Government.
(2) The State Government, by the rules made under this Act, may regulate among the Panchayats and between Gram Panchayat, Panchayat Samiti or Zila Parishad and other local authorities, the relations regarding the matters in which they are jointly interested.
Appeal or revision against orders or proceedings of Gram Panchayats, Panchayat Samities or Zila Parishads as well as that of other authorities shall lie to such an Authority and in such a manner as may be prescribed.
(1) Where the prescribed Authority is of the opinion that any person is keeping in his custody any record or articles or fund of a Gram Panchayat, Panchayat Samiti or Zila Parishad, in an unauthorized manner then he may, by an order in writing, require the said record or articles or fund to be delivered or paid immediately to the Panchayat in presence of such an officer as the prescribed Authority may appoint in this regard.
(2) If a person does not deliver the records or articles or does not pay the fund as directed under sub-section(1) or denies so to do so, the prescribed Authority may punish him in the manner as may be prescribed by the State Government.
(3) No action under Sub-Sections (1) and (2) shall be taken unless the concerned person is given a reasonable opportunity to show cause in this regard as to why such an action be not taken against him.
(4) Any such person, against whom any action under this section is taken, shall be disqualified to be a me
(1) The State Government may, by notification, delegate to its any subordinate officer or to any Panchayat all or any of the powers conferred on it by or under this Act, save the powers relating to making of rules.
(2) Powers delegated under sub-section (1) shall be exercised according to the general or special orders issued by the State Government in this connection.
(3) Various authority may prescribed by the State Government under this Act.
All the officers, in all the matters concerned with this Act or the rules made thereunder, who are empowered to function by or under this Act, shall be under the control of the same authority under whose administrative control they usually perform the functions of their offices.
(1) The State Government shall as soon as possible and thereafter on the expiration of every five years, constitute a Finance commission in the prescribed manner to review the financial position of the Gram Panchayats, Panchayat Samities and Zila Parishads and to advice and make recommendations to the Government on financial matters, which shall make recommendations on the following matters -
(a) The Principles which should govern -
(i) The distribution between the State and the Zila Parishads, Panchayat Samities and Gram Panchayat of the net proceeds of the taxes, duties, tolls and fees be livable by the Government which may be decided between them and allocation between Zila Parishads, Panchayat Samities and Gram Panchayats of their respective shares of such proceeds;
(ii) The determination of the taxes, duties and fees which may be assigned to or appropriated by the Zila Parishads, Panchayat Samities and Gram Panchayats;
(iii) The Grants - in - aid to
(1) If a member of any regional area of the Gram Panchayat or a member of any regional constituency of the Panchayat Samiti / Zila Parishad having knowledge of the fact that he is not entitled to hold the office or has ceased entitlement to hold office in that capacity, functions as a member of the regional area of the Gram Panchayat (or) as a member of the regional constituency of the Panchayat Samiti / Zila Parishad, he, on conviction, shall be penalized by the prescribed authority with such fine as may be prescribed by him for each day on which he sits in his official capacity or votes.
(2) If a Mukhia or Up- Mukhia, Pramukh or Up- Pramukh, Adhyaksha or Up-Adhyaksha having knowledge of the fact that he is not entitled to hold office or has ceased being entitlement to hold office in that capacity, functions in that capacity, he, on conviction, shall be penalized by the prescribed authority with such fine as may be determined by him for each day on which he works or functio
If any member, despite being interested in the matter under consideration before the Panchayat, votes in the said matters, he, on conviction, shall be penalized with such fine as may be prescribed by the prescribed authority.
If a member or office - bearer or servant of a Panchayat knowingly acquires directly or indirectly any personal; share or interest in an agreement entered into or any employment made with or by or on behalf of the Panchayat without being allowed or permitted by the prescribed authority, then as to him it shall be held that he has violated the contract and shall be penalized for this under the Indian Penal Code.
If a person deprives any officer or servant of the Panchayat or any such person whom the said officer or servant has lawfully delegated his powers of going to or into any place, building or land, of his lawful rights of going to or enter the said place; building or land, it shall be held that he has committed an offence under the Indian Penal Code and shall be awarded such punishment as may be determined by the prescribed authority.
Any person, who removes, destroys, defaces or otherwise obliterates any notice published or any signal or any sign made by the Panchayat or its officer or under its orders without permission of an authority in that behalf, shall be penalized under the Indian Penal Code.
Any such person who is required by or under this Act or the rules made thereunder or by any notice or by any other process issued thereunder to give any information, withholds such information or deliberately gives false information, on being proved guilty shall be punished.
Any member or servant of the Panchayat or any such officer thereof, who has to discharge any duty in respect of sale of movable, immovable property under this Act is restricted to bid directly or indirectly for any property to be sold and he shall not acquire any interest therein. The person found guilty of such act shall be punished.
If by any default or negligence in duty any person has done any such work against the provisions of this Act which has caused any damage to the property of the Panchayat, he shall be under obligation to compensate for such damage, moreover he may be punished in the prescribed manner by the prescribed authority.
(i) In the light of the Provisions of Articles 243ZD of the constitution of India, there shall be constituted in every district a District Planning committee to consolidate the plans Prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole and to exercise such other powers as may be assigned to it from time to time by the State Government.
(ii) Every Committee shall, in preparing the draft development plan, have regard to :
(iii) The Committee may obtain advice from such inst
(a) The district planning committee of different districts shall consist of such number of members as may be specified by the state government by notification.
(b) (i) Three - fourth members of the total number of members shall be elected in the prescribed manner by the elected members of the Zila Parishad and Municipal Bodies as the case may be, of the district from amongst them.
(ii) The number of members to the elected from within the rural and urban areas shall bear the same possible nearest proportion, as the population of the rural and urban areas, as the case may be, bears the proportion in the district.
(c) The remaining members of the committee shall be -
(i) As soon as an elected member of the District Planning Committee ceases to be a member of the municipal body or the Zila Parishad, he shall cease to be a member of the committee;
(ii) If any vacancy occurs due to above mentioned sub - section (i) or death or resignation, the same shall be filled up in the prescribed manner.
The District Planning Committee shall perform the following functions:-
(i) Keeping the functions of the District Planning Committee in view, the following Sub- Committees consisting of members from amongst the members of the District Planning Committee shall be constituted in the prescribed manner:
(1) The Government may after previous publication of the draft for not less than one month by notification in the official gazette make rules to carry out the purposes of this Act.
(2) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement and laid before the legislative Assembly. Subject to any notification made under this Act, every rule made under the Act shall have effect as if enacted in this Act.
(3) In making a rule under this section the Government may provide that a person guilty of breach thereof, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is a continuing one, with further fine which may extend to twenty five rupees for every day on and after the first day on which the breach continues.
(1) A Gram Panchayat may, subject to the provisions of this Act and the rules made thereunder and with the precious sanction of the Zila Parishad, make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties.
(2) In particular and without prejudice to the generality of the foregoing powers, a Gram Panchayat may make such bye-laws as may be required to discharge the functions and duties entrusted to it under this Act.
(3) In course of making any by-laws under sub-sections (1) and (2) the Gram Panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed.
(4) Any such bye-laws may also provide that a person contravening the same shall be required to remedy the mischief, if any, caused by such contravention, so far as it lies in his power.
(5) All bye-laws made under this section shall be subject to the condition of previous publication and such publication shall be such as
(1) A Panchayat Samiti may, subject to the provisions of this Act and the rules made under and with the previous sanction of the Government, by notification, make regulation to carry out the purposes of this Act in so far as it relates to its powers and duties.
(2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.
(1) A Zila Parishad may subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the Government, by notification, make regulation with a view to carry out the purposes of this Act in so far as it relates to its powers and duties.
(2) The regulations made under sub - section (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 and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Gram Panchayats, Panchayat Samities and Zila Parishads.
(2) A Gram Panchayat, Panchayat Samiti or Zila Parishad shall, by passing a resolution, adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the justification of the Gram Panchayat, Panchayat Samiti or Zila Parishad from such date as the Gram Panchayat, Panchayat Samiti or Zila Parishad, as the case may be, may specify in a notice published in the prescribed manner.
(1) Every Panchayat shall in such from and in such manner and by such date, as may be prescribed, prepare every year a budget estimate of its receipts and expenditure for the following year.
(2) The budget estimate prepared under sub-section (1) shall be approved by such authorities and in such manner, as may be prescribed.
(3) The annual accounts and administrations report shall be presented to the prescribed authority in the prescribed manner.
(1) The State Govt. shall select or constitute an institution for audit of accounts of the Panchayats.
(2) The audit fee, if any, to be paid for audit of accounts of the Panchayats and the manner of action on audit reports shall be such as may be prescribed.
Upon the publication of figures of each census, the number of elected members of a panchayat shall be determined by the State Government on the basis of the population of the Panchayat area as ascertained at that census.
Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayats until the expiry of the term of office of the elected members then in office.
No suit shall be brought against any Panchayat or its any Committee or any office-bearer, officer or servant or against any person working under the direction of any such Panchayat, its Committee, Office-bearer, officer or servant in respect of any thing which has been done bonafide or has been required to be done bonafide under this Act or any rule or bye-laws made thereunder.
(1) No suit can be brought against any Panchayat or its any office- bearer, officer or servant or any person working as per the direction of any of the authorities mentioned in this Act in respect of any such suit which has been brought or is required to be brought under this Act until a lawful notice has been duly served.
(2) Every such suit shall be dismissed unless the alleged suit has been lodged within six months from the date of the occurrence.
(3) On non-compliance of the procedure formulated under sub-sections (1) and (2), the suit lodged shall not be deemed to be pending.
(1) Any objection regarding evaluation, assessment or levy shall not be done in a manner other than the manner provided in this Act or the rules made thereunder.
(2) No suit shall be brought against any Panchayat or its any Office-bearer, officer or servant for loss or for specific compliance on the ground that any duty specified in this Act was not complied with.
Every officer - bearer of the Panchayat and its every officer or servant shall be considered public servant under section (21) of the Indian Penal Code, 1860.
No work of the Panchayat shall be deemed to be illegal on the ground that -
(1) Where any land is required for this purpose and the Panchayat is unable to acquire the same by an agreement, then the State Government, on request of the said Panchayat and on recommendation of the District Magistrate, may take action to acquire the same under the relevant provisions of the land Acquisition Act, and on payment of the compensation adjudged under the said Act and of all other charges incurred by the State Government with respect to those proceedings, by the Panchayat, the said land shall rest in the Panchayat for which it was so acquired.
(2) The Panchayat shall not, without prior permission of the State Government, transfer any such land, which has been acquired under sub-section(1), nor shall it use the said land for any purpose other than the purpose for which it was acquired.
Notwithstanding any thing contained in this Act or any rule or bye-law made thereunder, the Central or State Government shall not be required to obtain, in particular, any permission or license with respect to any property of the said Government or any place in occupation or under control of the said Government.
(1) Any remuneration or allowance whatsoever to any member of the Panchayat shall be paid only in accordance with the rules made in this regard, and not otherwise.
(2) Allowances to Pramukh, up- Pramukh and other members :-
The Pramukh, the up-Pramukh and every member of the Panchayat Samiti shall be entitled to get meeting fees and allowances as prescribed.
(3) Allowances to Adhyaksha, up- Adhyaksha and other members:-
The Adhyaksha, the up-Adhyaksha and every member of the Zila Parishad shall be entitled to get meeting fees and allowances as prescribed.
Subject to the rules made under this Act and on payment of such fees as may be prescribed, the records of the Panchayat and its any committee may be examined by the persons who desire to do so, and certified copies thereof shall be supplied to the persons who apply therefore, on payment of such fees, as may be prescribed.
Save provided otherwise in this Act, any notice or other document shall be served in the prescribed manner under this Act or any rule, bye-law or order made thereunder.
It shall be lawful for the officers of a Panchayat or an officer authorised on its behalf by the said Panchayat that he/ along with such Assistants whom he deem necessary, enter any land or building or in respect of any work relating to the said Panchayat, between sun-rise and sun-set;
Provided that any building, which is in occupation of that time shall be entered into until a twenty four hour notice in writing has been served;
Provided further also that in case of a building used as human - dwelling, the social and religious customs of the occupants shall be duly kept in mind.
The validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under this Act shall not be called in question in any court.
(1) An election held under this Act shall be called in question only by filing a petition in the prescribed manner and not otherwise, to -
(2) No such petition shall be entertained unless it is filed within a period of thirty days from the date on which the election in question was notified.
(3) Such petition shall be examined and disposed of according to the procedure, as may be prescribed.
(1) Subject to sub-section (2), if the prescribed authority is of opinion-
(1) If any person, who has, filed an election petition had in addition to calling in question election of the returned candidate claims a declaration that he himself or any other candidate has been duly elected and the prescribed authority is of opinion -
The corrupt practices referred to under this Act shall entail disqualification for membership of any local authority for a period of 5 years counting from the date on which the finding of the prescribed authority as to such practices takes effect under this Act.
The prescribed authority shall after announcing the order under this Act send a copy thereof to the District Magistrate.
(1) The governor or the authority authorized by him may, by an order in writing, change the head-quarters of a Gram Panchayat, or may bring about changes in the limits of a Gram Panchayat by including any adjoining area or local area or by excluding there from any such local area which is included in it, or may amalgamate two or more Gram Panchayats and may instead of them constitute one Gram Panchayat, or may divide any Gram Panchayat area and may instead of it constitute two or more Gram Panchayat areas;
Provided that no order under this section shall be made unless an advertisement inviting suggestions and objections regarding this in the manner as may be prescribed is published and the objections are considered into.
(2) On an order under sub-section (1) having been issued, the governor or prescribed authority shall pass such consequential orders as may be imperative.
(1) The Governor or the authority authorised by him may, by an order in writing, disestablish a village;
Provided that such order shall not be made unless such notice of the proposal, inviting objections by the date specified therein from the persons likely to be affected thereby, is published in the prescribed manner and the objections received are considered into.
(2) On an order under sub-section (1) having been issued, the governor or prescribed authority may pass such consequential order as may be necessary.
(1) The governor may, by notification, bring about changes (in the head quarter of any Panchayat Samiti) or its limits by including any local area which is situated nearly or by excluding any such local area which is included therein.
Provided that no such notification shall be issued unless a notice to this effect inviting objections from the persons likely to be affected by the changes to be brought about in the limits of the Panchayat Samities, by the date to be specified therein, is published in a prescribed manner and the objections received are considered into;
Provided further also that any such notification regarding change in the head quarters of a Panchayat Samiti shall be issued only for the purpose of a change of the head quarters situated outside the limits of the Panchayat Samiti to leaving it with in place the limits of the Panchayat Samiti and not otherwise.
(2) On a notification under sub-section (1) having been issued, the governor or the auth
(1) When on account of the reason that the limits of a Panchayat area are altered, the Government may, by order published in the official gazette, dissolve such Panchayat from a date specified in the order and direct that the Gram Panchayat, Panchayat Samiti or Zila Parishad concerned -
(2) The members of the dissolved Gram Panchayat, Panchayat Samiti or Zila Parishad, under sub-section (1), shall vacate their respective offices from the date specified in the order of the government.
(3) The Gram Panchayat, Panchayat Samiti or Zila Parishad reconstituted or established under the provisions of sub-section (1) shall consists of members nominated by the government and suc
Any Government lands transferred to a Panchayat shall be managed by the said Panchayat according to such rules as the government may make in this behalf.
(1) Subject to any general or special order of the State Government notified in the official gazette, the function and administrative control of all State Government institutions, projects, schemes and offices located within the Gram Panchayat, shall vest in the Gram Panchayat.
(2) Where the institutions, projects, schemes and offices serve the areas of more than one Gram Panchayat, their function and administrative control shall vest in the Panchayat Samiti.
(3) Where the institutions, projects, schemes and offices serve the area beyond that of a Panchayat Samiti, their function and administrative control shall vest in the Zila Parishad.
Illustrations:-
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.
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