SIKKIM PANCHAYAT ACT, 1982

Act No. 03 of 1982

07th April, 1982

An Act to provide for the reorganisation of Panchayats with a view to ensuring efficient Panchayat administration in the State and to provide for matters connected therewith and incidental thereto.

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S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement

(1) This Act may be called the Sikkim Panchayat Act, 1982.

(2) It extends to the whole of Sikkim except the areas which have been or may hereafter be declared as, or included in, the Municipal Corporation under the provisions of the Gangtok Municipal Corporation Act, 1975 (4 of 1975) or as a cantonment under the provisions of the Cantonment Act, 1924 (2 of 1924) or as a Bazar Area under the provisions of the Sikkim Bazar Committees Act, 1969.

(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas or different provisions of the Act and any reference to the commencement of any provision of this Act shall be construed as reference to the date on which such provision is brought into force in such areas.

S.2 Definitions

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

(a) "Adhakshya" means an Adhakshya of a Zilla Panchayat elected under Sub-Section (1) of section 45;
(b) "auditor" means an auditor appointed under section 78 and includes any officer authorised by him to perform all or any of the functions of an auditor;
(c) "District Collector" means the Collector of the district;
(d) "Deputy Development Officer-cum-Planning Officer" means the Deputy Development Officer-cum-Planning Officer of the district appointed by the State Government;
(e) "Gram" means any village or part of a village or group of adjoining villages or parts thereof declared by the State Government to be a Gram under Sub-Section (1) of section 3;
(f) "Gram Panchayat" means a Gram Panchayat constituted under Sub-Section (1) of section 6;
(g) "notification" means a notification published in the Official Gazette;
(h) "prescribed authority" means an au

S.Chapter II CONSTITUTION OF A GRAM

S.3 Constitution of Gram, its name and jurisdiction

(1) Subject to the consideration of local conditions, the State Government may, by notification, declare for the purposes of this Act any village or part of a village or a group of adjoining villages or parts thereof to be a Gram.

(2) As soon as may be after the constitution of a Gram under Sub-Section (1), the State Government may, by notification, divide each Gram into wards and each ward shall, as far as possible, comprise of a Revenue Block.

(3) The State Government may, by notification, specify the number of members to be elected from each Revenue Block having regard to the number of voters in such Revenue Block and such other facts as the State Government may consider fit.

(4) The notification under Sub-Section (1) shall specify the name of the Gram by which the Panchayat shall be known and shall specify the local limits of such Panchayat.

(5) The State Government may, after making such enquiry as it may think fit and after obtaining the views of t

S.4 Effect of alteration of the area Gram

(1) When an area is excluded from a Gram under clause (a) of Sub-Section (3) of section 3, such area shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Gram Panchayat of that Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall also cease to apply to the area so excluded.

(2) When an area is included in a Gram under clause (b) of Sub-Section (3) of section 3, the Gram Panchayat for that Gram shall, as from the date of the notification referred to in that Sub-Section, have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall apply to the area so included.

(3) When the area of any Gram is divided under clause (c) of Sub-Section (3) of section 3 so as to constitute two or more Grams the Gram Panchayat of that Gram shall

S.5 Effect of inclusion of a Gram or part thereof in Municipal Corporation, etc

(1) If, at any time, the whole of the area of a Gram is included within the Municipal Corporation under the provisions of the Gangtok Municipal Corporation Act, 1975 (4 of 1975) or in a Bazar Area under the Sikkim Bazar Committees Act, 1969; or a Cantonment Area, the Gram Panchayat concerned shall cease to exist and the properties, funds and other assets vested in such Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall vest in, and devolve on, the Municipal Corporation or on the Bazar Committee or on the Cantonment Authority or Board, as the case may be.

(2) If, at any time, a part of the area of a Gram is included in a Municipal Corporation under the provisions of the Gangtok Municipal Corporation Act, 1975 (4 of 1975) or in a Bazar Area under the Sikkim Bazar Committees Act, 1969; or a Cantonment Area, the area of the Gram shall be deemed to have been reduced to the extent of the part so included within the Municipal Corporation or in a Bazar Ar

S.6 Constitution of Gram Panchayat

(1) As soon as may be after the constitution of the Gram, the State Government may, by notification, constitute for every Gram a Panchayat bearing the name of the Gram.

(2) Persons whose names are included in the electoral roll of the Sikkim Legislative Assembly for the time being in force pertaining to the area comprised in the Gram shall elect by secret ballot at such time and in such manner as may be notified by the State Government from among themselves such number of members not being less than five and not more than nine as may be determined by the State Government:

Provided that the total number of members of the Gram Panchayat including nominated members shall not exceed nine.

(3) Every Gram shall be a multimember single constituency for the purpose of election of members of a Grarn Panchayat.

(4) Where a Gram has failed to elect the full number of members as determined under sub-section (2), it shall be called upon to elect the remaining member

S.7 Incorporation of Gram Panchayat

(1) Every Gram Panchayat shall be a body corporate having perpetual succession and a common seal and shall, by its corporate name, sue and be sued.

(2) A Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract:

Provided that in all cases of acquisition or disposal of immovable property, the Gram panchayat shall obtain the previous approval of the State Government.

S.8 Term of Gram Panchayat

(1) The term of a Gram panchayat, unless sooner dissolved, shall be five years from the date of its constitution as specified in the Official Gazette: Provided that the term of a Gram panchayat which is constituted after the constitution of other Gram panchayats in a regular election, shall expire with the expiration of five years term of other Gram panchayats:

Provided further that the State Government may, where it is not possible to hold elections for the constitution of new Gram panchayat immediately after the expiry of the term, by notification, extend the term for a period not exceeding six months at a time subject to a maximum period of one year or appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Gram panchayat, under this Act until the constitution of new Gram panchayat.

(2) When a new Gram panchayat is thus duly constituted the old Gram panchayat shal

S.9 Disqualification of members of Gram Panchayat

(1) A person shall not be qualified to be a member of a Gram panchayat, if--

(a) he is a member of a municipal corporation under the provisions of the Gangtok Municipal Corporation Act, 1975 (4 of 1975), or of a Bazar 4 Committee constituted under the Sikkim Bazar Committees Act, 1969;
(b) holds any office of profit under the State Government or the Central Government or a local authority or a co-operative society or a Government company or corporation owned or controlled by the Central or a State Government; or
(c) has been dismissed from the service of a State Government or the Central Government or a local authority or a co-operative society or a Government Company or Corporation owned or con-trolled by the Central or a State Government for misconduct; or
(d) is of unsound mind and stands so declared by a competent Court; or
(e) is an undischarged insolvent; or
(f) has been convicted by a Court of an offence involving mor

S.10 Sabhapati and Up-Sabhapati

(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect in the prescribed manner, one of its members to be the Sabhapati and another member to be the Up-Sabhapati of the Gram Panchayat.

(2) The Sabhapati and Up-Sabhapati shall, subject to the provisions of section 20 and to their continuing as members, hold office for a period of five years:

Provided that a Sabhapati or an Up-Sabhapati shall continue to hold office after the expiry of the said period until a new Sabhapati or Up-Sabhapati is elected and assumes office or until an authority, or a person or persons is or are appointed under the second proviso to sub-section (1) of section 8.

(3) When--

(a) the office of the Sabhapati falls vacant by reason of death, resignation, removal or otherwise; or
(b) the Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Up-Sabhapati shall exercise the powers, perform the functions

S.11 Publication of notification of election or nomination, etc

Every election on nomination of a Sabhapati, Up-Sabhapati, Sachiva and members of Gram Panchayat, as the case may be, shall be published by the State Government in the Official Gazette and such persons shall enter upon their respective offices from the date of such publication:

Provided that if no such publication has been made the Sabhapati, Up-Sabhapati, Sachiva and members shall be deemed to have entered upon their respective offices from the date of declaration of result of their election or nomination, as the case may be.

S.12 First meeting of Gram panchayat

(1) Notwithstanding of any vacancy in the membership of the Gram Panchayat, the prescribed authority shall, immediately after but before the expiration of thirty days from the date of publication of the notification under section 11, call a meeting of the Gram Panchayat members (which meeting shall be called the first meeting of the Gram Panchayat) for electing the Sabhapati, Up-Sabhapati and the Sachiva of the Gram Panchayat from amongst themselves.

(2) The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.

S.13 Meeting of Gram Panchayats

(1) Every Gram Panchayat shall hold a meeting for transaction of its business at least once in every month at the office of the Gram Panchayat or at such place within the local limits of the Gram Panchayat concerned and at such time as the Sabhapati of the Gram Panchayat may decide.

(2) The Sabhapati may, whenever, he thinks fit, in the public interest or shall upon receipt of a written requisition of not less than one half of the total number of members of the Gram Panchayat or if directed by the Secretary of the Rural Development Department or the Deputy Development Officer-cum-Planning Officer or the District Collector of the concerned district, call a special meeting of the Gram Panchayat within a period of ten days from the date of receipt of the requisition or direction, as the case may be:

Provided that if the Sabhapati fails to call such special meeting within the specified period from the date of receipt of the requisition or direction, as the case may be, th

S.14 Consideration of question disposed of by Gram Panchayat

No matter once finally disposed of by the Gram Panchayat shall be reconsidered by it within the period of six months unless the recorded consent of not less than onehalf of its total number of members has been obtained thereto.

S.15 List of business to be transacted at a meeting

(1) A list of the business to be transacted at every meeting of a Gram Panchayat except at an adjourned meeting, shall be sent to each member of the Gram Panchayat atleast seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business for which notice has been so given except with the approval of the majority of the members present at such meeting:

Provided that non receipt of a notice by a member shall not vitiate the proceedings of the meeting:

Provided further that if the Sabhapati thinks that a situation has arisen for which an emergent meeting of the Gram Panchayat should be called, he may call such meeting at such time and at such place within the local limits of the Gram Panchayat concerned after giving three day's notice to the members:

Provided also that not more than one matter shall be included in the list of business to be transacted at such meeting.

(2) The busi

S.16 Powers and duties of Sabhapati

The Sabhapati shall--

(a) regulate the meetings of the Gram Panchayat;
(b) be responsible for the maintenance of records and registers of the Gram Panchayat;
(c) exercise supervision and control over the acts done and action taken by the members of the Gram Panchayat and such officers and other employees whose services may be placed at the disposal of the Gram Panchayat by the State Government;
(d) operate jointly with the Sachiva of the Gram Panchayat the fund of the Gram Panchayat including authorisation of payment, issue of cheques and refunds;
(e) issue receipts under his signature for money received by him on behalf of the Gram Panchayat;
(f) cause preparation of all statements and reports required by or under this act;
(g) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the State Government may, b

S.17 Powers and duties of Up-Sabhapati

The Up-Sabhapati shall--

(a) in the "absence of the Sabhapati regulate the meetings of the Gram Panchayat;
(b) exercise such of the powers and perform such other functions and discharge such of the duties of the Sabhapati as the Sabhapati may, from time to time, delegate to him by order in writing:

Provided that the Sabhapati may at any time withdraw all or any of the powers, functions and duties so delegated to the Up-Sabhapati;

(c) during the absence of the Sabhapati, exercise all the powers, perform all the functions and discharge all the duties of the Sabhapati.

S.18 Right of individual member

The member of a Gram Panchayat at any of the meeting may move resolution and put questions to the Sabhapati or Up-Sabhapati or the Sachiva, as the case may be, on matters connected with the administration of the Gram Panchayat or execution of any work or scheme undertaken by or entrusted to such Gram Panchayat.

S.19 Resignation of Sabhapati or Up-Sabhapati or member

(1) A Sabhapati or an Up-Sabhapati or a member of a Gram Panchayat may resign his office by notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Sabhapati or the Up-Sabhapati or the member shall vacate his office and the casual vacancy shall be deemed to have occured in such office:

Provided that a person tendering resignation may withdraw his resignation before it is accepted by the prescribed authority.

(2) When the resignation is accepted under sub-section (1), the prescribed authority shall communicate it to the members of the Gram Panchayat within a period of thirty days of such acceptance.

S.20 Removal of Sabhapati and Up-Sabhapati

A Sabhapati or an Up-Sabhapati of a Gram Panchayat may, at any time, be removed from office by a resolution of the Gram Panchayat carried by the majority of the members of the Gram Panchayat present at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority:

Provided that at any such meeting while any resolution for the removal of--

(i) the Sabhapati from his office is under consideration; or:
(ii) the Up-Sabhapati from his office is under consideration,

he shall not, though present, preside at such meeting and the provisions of Sub-Section (4) of section 13 shall apply in relation to any such meeting as they apply in relation to a meeting from which the Sabhapati or, as the case may be, the Up-Sabhapati, is absent.

S.21 Filling of casual vacancy in the office of Sabhapati or Up-Sabhapati

(1) In the event of removal of a Sabhapati or an Up-Sabhapati under section 20 or when a vacancy occurs in the office of a Sabhapati or an Up-Sabhapati by resignation, death or otherwise, the Gram Panchayat shall elect another Sabhapati or Up-Sabhapati. The person so elected shall take office forthwith and shall hold such office for the unexpired term of office of his predecessor.

(2) No person who has been removed from office under section 20 shall be eligible for re-election to the vacancy so caused.

S.22 Removal of member Gram Panchayat

(1) The prescribed authority may, after giving an opportunity, to a member of a Gram Panchayat to show cause against the action proposed to be taken against him, by order remove him from office if--

(a) after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or
(b) he was disqualified to be a member of the Gram Panchayat at the time of his election; or
(c) he incurs any of the disqualifications mentioned in clauses (b), (c), (d), (e) (f), (g), (h), (i) or (j) of section 9, after his election as a member of the Gram Panchayat; or
(d) he is absent from three consecutive meetings of the Gram Panchayat without the leave of the Gram Panchayat.

(2) Any member of a Gram Panchayat who is removed from his office by the prescribed authority under sub-section (1) may, within a period of thirty days from the date of the order, appea

S.23 Filling of casual vacancy in place of member of Gram Panchayat

(1) If the office of a member of a Gram Panchayat becomes vacant by reason of his death, resignation, removal or otherwise, such vacancy shall be filled in by election of another person under this Act. The person elected shall take office forthwith and shall hold such office for the unexpired term of office of his predecessor:

Provided that no election for filling in of a casual vacancy shall be held if the vacancy occurs within a period of three months preceding the date on which the term of office of the person concerned expires.

(2) No person who has been removed from his office under section 22, shall be eligible for re-election to the vacancy so caused.

S.24 Sachiva of Gram Panchayat

(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect one of its members to be Sachiva of the Gram Panchayat:

Provided that no member who is not able to read or write any of the official languages of the State shall be qualified to be elected as a Sachiva:

Provided further that where no such person as referred to in the first proviso is available, the Gram Panchayat may appoint any person including persons in government service with prior approval of the State Government and such person may be paid such honorarium as the State Government may determine.

(2) The Sachiva of the Gram Panchayat so elected shall assist the Sabhapati or the Up-Sabhapati, as the case may be, of the Gram Panchayat in due maintenance of the Gram Panchayat office and for proper organisation and execution of rural development schemes and shall be directly answerable to the members of the Gram Panchayat.

(3) The Sachiva shall be in charge of office

S.25 Resignation of Sachiva

(1) A Sachiva of a Gram Panchayat may resign his office by notifying in wri- ting his intention to do so to the prescribed authority and on such resignation being accepted the Sachiva shall vacate his office and the casual vacancy shall be deemed to have occured in such office:

Provided that a person tendering resignation may withdraw his resignation before it is accepted.

(2) When the resignation is accepted under sub-section (1), the prescribed authority shall communicate it to the members of the Gram Panchayat within a period of thirty days of such acceptance.

S.26 Removal of Sachiva

(1) A Sachiva may, at any time, be removed from office by a resolution of the Gram Panchayat carried by the majority of the members of the Gram Panchayat present at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority.

(2) In the event of removal of a Sachiva under sub-section (1) or when a vacancy occurs in the office of a Sachiva by resignation, death or otherwise, the Gram Panchayat shall elect one of its members to be the Sachiva. The person so elected shall take office forthwith and shall hold such office for the un-expired term of office of his predecessor.

(3) No person who has been removed from his office under sub-section (1) shall be eligible for re-election to the vacancy so caused.

S.Chapter III DUTIES OF GRAM PANCHAYAT

S.27 Obligatory duties of Gram Panchayat

Subject to any general or special direction of the State Government the duties of a Gram Panchayat shall be to provide within the area under its jurisdiction for--

(a) sanitation, conservancy and drainage and the prevention of public nuisance;
(b) curative and preventive measures in respect of any infectious disease;
(c) supply of drinking water and the cleaning and disinfecting the sources of supply and storage of water;
(d) maintenance repair and construction of village roads and protection thereof;
(e) the removal of encroachments of village roads or public places-
(f) the management of common grazing grounds, burning places and public graveyards;
(g) the supply of any local information which the District Collector or Deputy Development Officer-cum-Planning Officer or the Zilla Panchayat, within the local limits of whose jurisdiction the Gram Panchayat is situate, may require;
(h) organising voluntary la

S.28 Other duties of Gram Panchayat

(1) A Gram Panchayat shall also perform such other functions as the State Government may assign to it in respect of:--

(a) primary, social, technical or vocational education;
(b) rural dispensaries, health centres, maternity and child welfare centres;
(c) minor irrigation;
(d) grow more food campaign;
(e) care of the infirm and destitute;
(f) rehabilitation of displaced persons;
(g) improved breeding of cattle, medical treatment of cattle and prevention of cattle disease;
(h) its acting as a channel through which Government assistance should reach the residents of the Gram;
(i) bringing private waste land under cultivation;
(j) promotion of plantations in the gram;
(k) arranging for cultivation of land lying fallow;
(l) arranging for co-operative management of resources of the Gram;
(m) implementation of such schemes as may be formulated or performance of such ac

S.Chapter IV PROPERTY AND FUND

S.29 Property and Fund of Gram Panchayat

All property within the local limits of the jurisdiction of a Gram Panchayat 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 or kind which may become vested in the Gram Panchayat, be under its direction, management and control.

S.30 Allocation o f properties to Gram Panchayat

(1) The State Government may allocate to a Gram Panchayat any public property situated within its local jurisdiction, and thereupon such property shall vest in and come under the control of the Gram Panchayat.

(2) No property vested in or belonging to a Gram Panchayat shall be transferred by way of sale, gift, mortgage, exchange or lease except with the previous sanction of the State Government.

(3) Where the State Government is of opinion that any property vested in or belonging to a Gram Panchayat is required for the purpose of any national or State development plan or for any other public purpose, the State Government may resume such property, and upon such resumption, the property shall cease to vest in the Gram Panchayat and shall revest in the State Government.

(4) No compensation other than the amount paid by the Gram Panchayat for such transfer and the market value of any building or works erected or executed on such property by the Gram Panchayat at th

S.31 Acquisition of land for Gram Panchayat

(1) Where a Gram Panchayat require kind for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the District Collector for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the Sikkim land (Requisition and Acquisition) Act, 1977 (1 of 1978) and such Land shall, on acquisition, vest in the Grain Panchayat.

S.32 Panchayat Fund

(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of Gram Panchayat and there shall be placed to the credit thereof--

(a) contributions and grants, if any, made by the Central or the State Government;
(b) contributions and grants, if any, made by a Zilla Panchayat or any other local authority;
(c) loans, if any, granted by the Central Government or the State Government;
(d) all receipts on accounts of taxes, rates and fees levied by the Gram Panchayat;
(e) all sums received by way of gift or contribution;
(f) all other sums received by or on behalf of the Gram Panchayat;
(g) such percentage of the land revenue collected by it as may be determined by the State Government.

(2) Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet the cost of its administration including allowances payable to the members.

(3) Every G

S.33 Levy of taxes, rates and fees

(1) Subject to the rates which may be fixed by the State Government a Gram Panchayat, may levy the following taxes, rates, and fees namely--

(a) a tax on fairs, melas, hats and other entertainments;
(b) a general sanitary tax for the construction or maintenance or both the construction and maintenance of public latrines and for the removal and disposal of refuse;
(c) a water rate where arrangements for the supply of water for drinking, irrigation or any other purpose are made;
(d) a fee for temporary erection on, or putting up projections over, or temporary occupation of, any village road or place;
(e) a fee on private latrines, premises or compounds cleaned by the Gram Panchayat agency;
(f) a fee for grazing cattle on grazing lands vesting in a Gram Panchayat;
(g) a fee on the registration of animals sold in any market or place belonging to or under the control of the Gram Panchayat;
(h) a market fee on pe

S.34 Power of State Government to regulate taxes, rates and fees

(1) The State Government may, in the manner specified in the notification regulate the imposition, assessment and collection of taxes, rates and fees under section 33.

(2) Subject to the provisions of this Act or rules made thereunder, no person shall object in respect of his liability to any assessment made or tax imposed under this Act.

S.35 Appeal against taxation, fees and rates

An appeal against the levy of any tax, rate or fee under section 33 may be preferred to the prescribed authority in such manner and within such time as may be prescribed and the decision of such authority shall be final.

S.36 Recovery of arrears

Any arrear of tax, rate or fee levied under section 33 shall be recoverable as arrears of land revenue or public demand or if the Gram Panchayat passes a resolution to that effect and communicates it to the District Collector.

S.37 Action by District Collector

(1) The District Collector, on receipt of such communication of the sum recoverable under section 36 and on being satisfied with the demand. shall proceed to recover it.

(2) Any sum so recovered shall be sent to the gram Panchayat and shall be credited to the Gram Panchayat Fund.

S.38 Power of State Government in regard to relief in taxes, rates or fees

(1) If on a complaint made to it or otherwise it appears to the State, Government that any tax rate or fee levied by a Gram Panchayat is excessive, it may, after calling for a report from the Gram Panchayat in this regard, abolish, suspend or reduce the amount of any such tax, rate or fee.

(2) The State Government may, on its own motion or otherwise after giving the gram Panchayat an opportunity of expressing its view in the matter, by order, exempt from the payment of any tax in whole or in part--

(a) any person or class of persons; or
(b) any property or description of properties,

subject to such conditions as may be specified in such order.

S.39 Budget of Gram Panchayat

(1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and shall submit the budget to the State Government for approval through the Zilla Panchayat of the district concerned.

(2) No "expenditure shall be incurred unless the budget is approved by the State Government.

S.40 Supplementary Budget

A Gram Panchayat may prepare in each year supplementary estimate providing for any modification of its budget and submit it to the State Government for approval through the Zilla Panchayat of the district concerned within such time and in such manner as may be prescribed.

S.41 Accounts

A gram Panchayat shall keep such accounts in such manner as may be prescribed.

S.Chapter V CONSTITUTION OF ZILLA PANCHAYAT

S.42 Zilla Panchayat and its constitution

(1) For every district the State Government shall, by notification in the Official Gazette, constitute a Zilla Panchayat bearing the name of the district.

(2) A Zilla Panchayat shall consist of the following members, namely:--

(a) Sabhapatis of the Gram Panchayats within the district, ex-officio;
(b) Chairmen of the Municipal Corporations;
(c) Members of the Legislative Assembly of the State elected from a constituency comprising the district or any part thereof, ex-officio;
(d) A member elected by each Bazar Committee declared as such under the provisions of the Bazar Committees Act, 1969.

S.43 Term of Zilla Panchayat

(1) The term of Zilla Panchayat, unless sooner dissolved, shall be five years from the date of its constitution:

Provided that the term of a Zilla Panchayat which is constituted after the constitution of other Zilla Panchayats in a regular election, shall expire with the expiration of five year term of other Zilla Panchayats:

Provided further that the State Government may, where it is not possible to hold elections for the constitution of new Zilla Panchayats immediately after the expiry of the term, by notification, extend the said term for a period not exceeding six months at a time subject to a maximum period of one year or appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Zilla Panchayats under this Act until the constitution of new Zilla Panchayats.

(2) When a new Zilla Panchayat is thus duly constituted the old Zilla Panchayat shall stand dissolved

S.44 Incorporation of Zilla Panchayat

(1) Every Zilla Panchayat shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.

(2) A Zilla Panchayat shall have power to acquire, hold and dispose of property and to enter into contract:

Provided that in all cases of acquisition or disposal of immovable property, the Zilla Panchayat shall obtain the previous approval of the State Government.