ACT NO. 6 OF 1993
18th October, 1993
to consolidate and amend the law relating to Panchayats and to provide for the constitution and organisation of Panchayats as units of Self-Government in Sikkim in accordance with the provisions of Part IX of the Constitution as inserted by the Constitution (Seventy-Third Amendment) Act, 1992 and for matters connected therewith and incidental thereto. BE it enacted by the Legislative Assembly of Sikkim in the Forty-fourth Year of the Republic of India as follows :-
Read full Act
(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 Panchayat Assistant appointed by the Secretary to the Government in the Rural Development Department to look after the works of Sachiva.
(2) The Sachiva of the Gram Panchayat so elected or as the case may be appointed 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 of the Gr
A Sachiva 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 Sachiva shall vacate his office and the casual vacancy shall be deemed to have occurred 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.
(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 and 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.
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-
(1) A Gram Panchayat shall also perform such other functions as the State Government may assign to it in respect of-
All property within the 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.
(1) The State Government may allocate to a Gram Panchayat any public property situated within its 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 re-vest 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 the tim
Where a Gram Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application 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 and such land shall, on acquisition, vest in the Gram Panchayat.
(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of Gram Panchayat on the basis of the review and recommendations made by the State Finance Commission and there shall be placed to the credit thereof—
(2) Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet the cost of
(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 :-
(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 40.
(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.
An appeal against the levy of any tax, rate or fee under section 40 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.
Any arrear of tax, rate or fee levied under section 40 shall be recoverable as arrears of land revenue or public demand if the Gram Panchayat passes a resolution to that effect and communicates it to the District Collector.
(1) The District Collector, on receipt of such communication of the sum recoverable under section 43 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.
(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-
subject to such conditions as may be specified in such order.
(1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare 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.
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.
(1) Accounts of receipt and expenditure of every Gram Panchayat shall be maintained in such forms and in such manner as may be prescribed.
(2) An Officer not below the rank of Chief Accounts Officer of the Sikkim State Finance and Accounts Service appointed by the State Government shall audit the accounts of the Gram Panchayat as soon as may be after the end of each financial year in the manner provided under Chapter IX of this Act.
(1) For every district the State Government shall, by notification constitute a Zilla Panchayat bearing the name of the district.
(2) For the purpose of electing members as referred to in sub-section (1), the State Government may, by notification, divide the district into territorial constituencies and determine the number of members to be elected from each such constituency:
Provided that the number of members to be elected in each constituency shall, as far as practicable, be in the same proportion to the total number of persons to be elected for the Zilla Panchayat as the population of the constituency bears to the total population of the Zilla Panchayat area.
(1) A Zilla Panchayat shall, subject to the provisions of sub-section (4), consist of the following members, namely:-
(2) Each constituency will elect one or more members through direct election in such manner as may be prescribed.
(3) The term of office of the members of Zilla Panchayat shall, subject to the provisions of section 64, be co-terminus with the term of the Zilla Panchayat.
(4) The State Government shall, by notification, reserve seats for the Scheduled Castes and the Scheduled Tribes in every Zilla Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number
(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.
(1) Every Zilla Panchayat, save as otherwise provided in this Act, shall continue for five years from the date appointed for its first meeting and no longer.
(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Zilla Panchayat, which is functioning immediately before such amendment, till the expiration of its duration specified in sub-section (1).
(3) An election to constitute a Zilla Panchayat shall be completed -
Provided that where the remainder of the period for which the dissolved Zilla Panchayat would have continued is less than six months, it shall be not necessary to hold any election under this clause for constituting the Zilla Panchayat for such period.
(4) A Zilla Panchayat constituted u
The provisions of section 16 relating to disqualification of members of Gram Panchayat shall, mutatis-mutandis be applicable to the elected members of the Zilla Panchayat also.
(1) Every Zilla Panchayat shall, at its first meeting at which a quorum is present, elect in such manner as the State Government may, by notification specify, one of its members to be the Adhakshya and another member to be Up-Adhakshya of the Zilla Panchayat:
Provided that the members referred to in clause (c) of sub-section (1) of section 50 shall not be eligible for such election, nor shall they have any voting right thereof.
(2) The State Government shall, by notification, reserve-
Every election or nomination of an Adhakshya, an Up-Adhakshya and members of a Zilla Panchayat shall be published by the State Government by notification and such persons shall enter upon their respective offices from the date of such publication.
(1) Notwithstanding any vacancy in the membership of the Zilla Panchayat, the prescribed authority shall as soon may be (but before the expiration of thirty days from the date of publication of the notification under section 55) call a meeting of the members of a Zilla Panchayat at such place and at such time as he may fix for electing an Adhakshya and Up-Adhakshya.
(2) The meeting to be held under sub-section (1) shall be called the first meeting of the Zilla Panchayat and may be convened by the prescribed authority in such manner as may be prescribed.
(1) Every Zilla Panchayat shall hold a meeting for transaction of its business atleast once in every three months at the office of the Zilla Panchayat or at such place within the local limits of the district concerned and at such time as the Adhakshya of the Zilla Panchayat may fix.
(2) The Adhakshya may, whenever he thinks fit in the public interest or shall
No subject once finally disposed of by the Zilla Panchayat shall be reconsidered by it within six months unless the recorded consent of not less than one half of members has been obtained therefor.
(1) A list of the business to be transacted at every meeting of a Zilla Panchayat except at an adjourned meeting, shall be sent to each member of the Zilla Panchayat at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting other than the business of which notice has been so given except with the approval of the majority of the members present at such meeting:
Provided that non-receipt of a notice by a member shall not vitiate the proceedings of a meeting:
Provided further that if the Adhakshya thinks that a situation has arisen for which an emergent meeting of the Zilla Panchayat should be called, he may call such meeting after giving three days notice to the members :
Provided also that not more than one matter shall be included in the list of business to be transacted at the meeting called under the second proviso.
(2) The business of the Zilla Panchayat shall be transacted in the l
The Adhakshya shall-
(a) regulate the meetings of the Zilla Panchayat;
(b) be responsible for the maintenance of record and registers of the Zilla Panchayat;
(c) exercise supervision and control over the act done and action taken by the members of the Zilla Panchayat and such officers and such other employees whose services may be placed at the disposal of the Zilla Panchayat by the State Government;
(d) operate jointly with the Sachiva of the Zilla Panchayat the Fund of the Zilla Panchayat including authorisation of payment and refunds;
(e) cause to issue receipts under his signature or signature of Sachiva for sums of money received by him for and on behalf of the Zilla 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 Zilla Panchayat may, by general or special resolution,direct or as the S
The Up-Adhakshya shall -
(a) in the absence of the Adhakshya, preside over and regulate the meetings of the Zilla Panchayat ;
(b) exercise such of the powers, perform such of the functions and discharge such of the duties of the Adhakshya as the Adhakshya may, from time to time, delegate to him by order in writing:
Provided that the Adhakshya may at any time withdraw all or any of the powers, functions and duties so delegated to the Upadhakshya;
(c) during the absence of the Adhakshya, exercise all the powers, perform all the functions and discharge all the duties of the Adhakshya.
At a meeting of a Zilla Panchayat, a member may move any resolution and put questions to the Adhakshya or Upadhakshya, as the case may be, on matters connected with the administration of Zilla Panchayat or execution of rural works or schemes entrusted to or undertaken by such Zilla Panchayat.
(1) An Adhakshya, or an Up-Adhakshya or a member of a Zilla 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 Adhakshya or the Up-adhakshya or the member shall vacate his office and casual vacancy shall be deemed to have occurred 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 Zilla Panchayat within thirty days of such acceptance.
(1) An Adhakshya or an Up-Adhakshya may, at any time, be removed from office by a resolution of the Zilla Panchayat passed by the majority of the members of the Zilla Panchayat present and voting at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority:
Provided that any such meeting while passing any resolution for the removal of-
(i) the Adhakshya from his office is under consideration ; or
(ii) the Up-Adhakshya from his office is under consideration,
he shall not, though he is present, preside at such meeting and the provisions of sub-section (4) of section 57 shall apply in relation to every such meeting as they apply in relation to a meeting from which the Adhakshya or, as the case may be, the Up-Adhakshya is absent.
(2) No person who has been removed from his office under sub-section (1) shall be eligible for re-election to the vacancy so caused.
In the event of removal of an Adhakshya or an Up-Adhakshya under section 64 or when a vacancy occurs in the office of the Adhakshya or Up-Adhakshya by resignation, death or otherwise, the Zilla Panchayat shall elect another Adhakshya or Up-Adhakshya, as the case may be. The person so elected shall take office forthwith and shall hold office for the unexpired term of office of his predecessor.
(1) The prescribed authority may, after giving opportunity to a member of a Zilla Panchayat other than a member specified under clause (c) of sub-section (1) of section 50 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 Zilla Panchayat at the time of his election; or
(c) he incurs any of the disqualifications specified in section 16 except clauses (e) and (f) after his election as a member of the Zilla Panchayat ; or
(d) he is absent from three consecutive meetings of the Zilla Panchayat without the leave of the Zilla Panchayat provided he is not an ex-officio member of the Zilla Panchayat under clause (c) of sub-section (1) of section 50.
(2) Any member of a Zilla Panchayat w
(1) If the office of a member of a Zilla 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 so 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 six 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 66 shall be eligible for re-election to the vacancy so caused.
(1) There shall be a Sachiva for a Zilla Panchayat appointed by the State Government on such terms and conditions as may be prescribed.
(2) The Sachiva shall have authority to supervise all records of every Panchayat falling under the jurisdiction of a Zilla Panchayat of a concerned district.
(3) The Sachiva shall be in charge of the office of the Zilla Panchayat and shall discharge such duties and perform such functions as may be prescribed.
(1) Subject to any general or special directions of the State Government, a Zilla Panchayat shall have power in respect of -
(a) regulating melas or hats within its local limits;
(b) construction and maintenance of Panchayat Ghars, Dharmasalas and rest houses ;
(c) construction, repair and maintenance of such small irrigation projects of such class or types thereof, as may be specified by the State Government by general or special order in this behalf, and regulating of supply of water therefrom for irrigation purposes;
(d) regulating supply of water for irrigation or drinking water supply schemes constructed by the Government and entrusted to it for maintenance and repairs;
(e) regulating, maintaining and developing of lands vested in it by the State Government;
(f) organising plantation programme in the public land, road sides and such other places as may be specified for promotion of social forestry and environmental conservation and mai
(1) Subject to such condition as may be imposed by the State Government, a Zilla Panchayat may, if the State Government so directs make provisions for -
(a) the promotion of opportunity of employment through community farming by organising model agriculture or dairy farms and small scale village industries;
(b) the organisation and maintenance of clubs and other places for recreation or games;
(c) establishment and maintenance of library or reading rooms and public radio listening centres;
(d) construction and maintenance of destitute homes, slaughter houses and encamping grounds;
(e) rendering assistance in extinguishing fire and protecting life and property when fire occurs;
(f) assisting in the prevention of burglary and dacoity;
(g) the promotion of socio-cultural and communal harmony;
(h) the promotion of agriculture and allied activities connected with it ;
(i) any other local work or service of public utility whi
The Zilla Panchayats of two or more adjacent districts may jointly undertake and execute at common cost any development schemes or project on such terms and conditions as may be agreed upon, and in case of any difference as to the interpretation of such terms and conditions the matter shall be referred to the State Government whose decision shall be final.
A Zilla Panchayat shall exercise general powers of supervision over Gram Panchayats in the district and it shall be the duty of Gram Panchayat to give effect to any direction of the Zilla Panchayat on matters of policy or planning for development.
All roads, buildings or other works constructed by a Zilla Panchayat with its own funds shall vest in it.
(1) The State Government may allocate to a Zilla Panchayat any public property of whatsoever nature or kind situated within its local limits, and thereupon, such property shall vest in and come under the control of the Zilla Panchayat.
(2) No property vested in or belonging to a Zilla Panchayat shall be transferred by way of sale, gift, mortgage, exchange or lease without the previous sanction of the State Government.
(3) Where the State Government is of opinion that any property vested in or belonging to a Zilla 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 Zilla Panchayat and shall re-vest in the State Government .
(4) No compensation other than the amount paid by the Zilla Panchayat for such transfer and the market value of any building or works erected or executed on such property b
Where a Zilla Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement it may make an application to the District Collector for
(1) For every Zilla Panchayat there shall be constituted a Zilla Panchayat Fund bearing the name of the Zilla Panchayat and there shall be placed to the credit thereof—
(1) Subject to the maximum rates which may be fixed by the State Government, a Zilla Panchayat may levy following taxes, rates and fees, namely :-
(1) The State Government may make rules to regulate the imposition, assessment to, and collection of taxes, rates and fees under section 77.
(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.
An appeal against any tax, rate or fee under section 77 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.
Any arrear of tax, rate or fee imposed under section 80 shall be recoverable as arrears of land revenue or public demand if the Zilla Panchayat passes a resolution to that effect and communicates it to the District Collector.
(1) The District Collector on receipt of communication under section 77 and on being satisfied with the demand shall proceed to recover it.
(2) Any sum so recovered shall be sent to the Zilla Panchayat and shall be credited to the Zilla Panchayat Fund.
(1) If on a complaint made to it or otherwise, it appears to the State Government that any tax, rate or fee imposed by a Zilla Panchayat, is excessive, it may, after calling a report from the Zilla Panchayat in this regard, abolish or suspend or reduce the amount of any tax, rate or fee, as the case may be.
(2) The State Government may, on its own motion or otherwise after giving the Zilla Panchayat an opportunity of expressing its view in the matter, by order, exempt—
(1) Every Zilla Panchayat shall at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and expenditure for the next financial year and submit it to the State Government for approval.
(2) No expenditure shall be incurred unless the budget is approved by the State Government.
A Zilla Panchayat may prepare in each year supplementary estimates providing for any modification of its budget and submit it to the State Government for approval within such time and in such manner as may be prescribed.
A Zilla Panchayat shall keep such accounts in such manner as may be prescribed.
The accounts of the fund of a Gram Panchayat or Zilla Panchayat shall be examined and audited by an auditor appointed under sub-section (2) of section 48 at such place and in such manner as may be prescribed.
The Sabhapati or, as the case may be, the Adhyakshya shall produce, or cause to be produced to the auditor all such accounts of the Fund of the Gram Panchayat or the Zilla Panchayat concerned as may be required by the auditor.
For the purposes of an audit under this Act an auditor may-
Any person who neglects or refuses to comply with the requisition made by the auditor under section 88 within such time as may be specified, shall, on conviction by a court, be punishable with a fine which may extend to two thousand rupees in respect of each item included in the requisition.
(1) Within two months from the date on which an audit under this Act is completed, the auditor shall prepare a report and send a copy of the report to the Sabhapati, the Adhyakshya, as the case may be, of the Gram Panchayat or the Zilla Panchayat and to the State Government.
(2) The auditor shall append to his report a statement showing-
(1) Within two months from the date of receipt of the report referred to in section 90, the Gram Panchayat or the Zilla Panchayat concerned shall, at a meeting, remove or cause to be removed any defect or irregularity pointed out in the report and shall also inform the auditor of the action taken by it. The Gram Panchayat or the Zilla Panchayat concerned shall give reasons or explanations if any defect or irregularity is not removed.
(2) If, within the period referred to in sub-section (1), no information is received by the auditor from the Gram Panchayat or the Zilla Panchayat concerned or if the reasons or explanations given by it for not removing any defect or irregularity pointed out in the report is not considered sufficient by the auditor, the auditor shall if he has not already exercised or does not propose to exercise the powers conferred upon him by section 92 refer the matter to the State Government within such time and in such manner as the State Government may pr
(1) The auditor, after giving the person concerned an opportunity to submit an explanation within a time to be specified by him and after considering such explanation, shall disallow every item of account contrary to law and surcharge the same on the person making or authorising the making of the illegal payments, and shall charge against any person responsible for the amount of any loss incurred by the negligence or misconduct of that person, and shall, in every such case, certify the amounts due from such person:
Provided that the Auditor may in his discretion waive the surcharge or charge in cases where the amount involved does not exceed fifty rupees.
(2) For the purposes of this section any member of Gram Panchayat or Zilla Panchayat, as the case may be, who is present at a meeting at which a motion or resolution is passed authorising any expenditure which is subsequently disallowed under sub-section (1) or authorising any action which results in any such expendi
(1) Any person from whom any sum has been certified by the auditor to be due under section 92 may, within thirty days of the receipt by him of the certificate, appeal to the State Government to set aside or modify the disallowance, surcharge or charge in respect of which the certificate was made and the State Government may pass thereon such orders as it thinks fit, and such orders shall be final.
(2) Where a person referred to in sub-section (2) of section 92 who has been surcharged as authorising an illegal expenditure, appeals to the State Government under this section, the State Government shall set aside such surcharge if it is proved to its satisfaction that such person voted for the resolution or motion in good faith.
(1) The sum certified by the auditor to be due from any person under section 92 or when an appeal is made under sub-section (1) of section 93, such sum as may be ordered by the State Government to be due from such person shall, within two months of the date of certification, or order, as the case may be, be paid by such person to the Gram Panchayat or the Zilla Panchayat concerned which shall credit the sum to the Fund of the Gram Panchayat or the Zilla Panchayat concerned.
(2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable as arrears of land revenue if the Gram Panchayat or the Zilla Panchayat, as the case may, passes a resolution to that effect and communicates it to the District Collector.
(3) The District Collector on receipt of such communication under sub-section (2) and on being satisfied with the demand, shall proceed to recover it as soon as may be and the sum so recovered by him shall be sent to the Gram Panchayat
(1) All expenses incurred by the Gram Panchayat or the Zilla Panchayat concerned in complying with any requisition of the auditor under section 88 and in prosecuting an offender under section 89 shall be paid from the Fund of the Gram Panchayat or the Zilla Panchayat concerned.
(2) All expenses incurred by the District Collector in connection with the proceedings for recovery of any sum under sub-section (3) of section 94 from a person, if not recovered from the person, shall be paid from the Fund of the Gram Panchayat or the Zilla Panchayat concerned.
In this Chapter "Commission" means the State Finance Commission constituted by the Governor in pursuance of clause (1) of Article 243 I of the Constitution.
The Chairman of the Commission shall be selected from among persons who have had experience in public affairs of the State and the two other members shall be selected from among persons who-
Before appointing a person to be a member of the Commission, the Governor shall satisfy himself that the person will have no such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission, and the Governor shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is, or whom the Governor proposes to appoint to be a member of the Commission shall, whenever required by the Governor to do so, furnish to him such information as the Governor considers necessary for the performance by him of his duties under this section.
A person shall be disqualified for being appointed as or for being a member of the Commission if he -
Every member of the Commission shall hold office for such period as may be specified in the order of the Governor appointing him, but shall be eligible for re-appointment:
Provided that he may, by a letter addressed to the Governor, resign his office.
The members of the Commission shall render whole-time or part-time service to the Commission as the Governor may in each case specify, and there shall be paid to the members of the Commission such salaries and such allowances as may be prescribed.
The Commission shall determine their procedure and in the performance of their function shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:-
(1) The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the Gram Panchayat and Zilla Panchayat shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
(2) The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule, determine:
Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Governor shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on it under sub-section (1).
Every member of a Gram Panchayat or of Zilla Panchayat other than a member referred to in clause (c) of sub-section (1) of section 50 shall before taking his office make and subscribe before such authority as may be specified by the State Government in this behalf an oath or affirmation according to the Form set out for the purpose in the Schedule.
No act or proceeding of a Gram Panchayat or Zilla Panchayat shall be deemed to be invalid merely by reason of the existence of any vacancy in the Gram Panchayat or Zilla Panchayat, as the case may be, or any defect or irregularity in the constitution thereof.
All members, officers and employees of the Gram Panchayat and Zilla Panchayat shall be deemed when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.
No suit or other legal proceedings shall lie against a Gram Panchayat or Zilla Panchayat or against any member thereof or any officer or any employee for anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
If any dispute arises between two or more Gram Panchayat, within the jurisdiction of the same Zilla Panchayat, it shall be referred to the Zilla Panchayat concerned by any party to the dispute and the decision of the Zilla Panchayat thereon shall be final.
(2) If any dispute arises-
such dispute shall be referred to the State Government by any party to the dispute and the decision of the State Government thereon shall be final.
(1) The State Government shall empower the Secretary to the Government in the Rural Development Department and such other officers as it may consider necessary for the purpose of inspection or superintending the works of all, or any class of, Gram Panchayats or Zilla Panchayats.
(2) An officer so empowered to inspect or superintend the works of a Gram Panchayat or Zilla Panchayat may at any time-
(1) The State Government may, by order in writing, rescind any resolution passed by a Gram Panchayat or Zilla Panchayat, if in its opinion such resolution-
(2) The State Government shall, before taking any action under sub-section (1) give the Gram Panchayat or Zilla Panchayat concerned an opportunity of making any representation against the proposed order.
Any officer of the State Government authorised by the State Government in this behalf, shall be entitled to attend meetings of the Gram Panchayat or the Zilla Panchayat, as the case may be, for the purpose of furnishing facts, information and technical advice but shall not be entitled to vote at any such meeting.
In the discharge of their functions the Gram Panchayat and the Zilla Panchayat shall be guided by such instructions or directions as may be given to them by the State Government from time to time in conformity with the provisions of this Act.
(1) The State Government may, notwithstanding anything contained in sub-section (2) of section 17; sub-section (4) of section 31 and sub-section (2) of section 54, by an order in writing remove with effect from a date to be specified in the order any Sabhapati or Up-Sabhapati or any Sachiva of Gram Panchayat, any Adhakshya or Up-Adhakshya of Zilla Panchayat from his office, if in its opinion, he willfully omits or refuses to carry out the provisions of this Act or of any rules or orders made thereunder or abuses the powers vested in him under this Act.
(2) The State Government shall, before making any order under sub-section (1), give to the person concerned an opportunity of making a representation against the proposed order.
If, in the opinion of the State Government, any Gram Panchayat or Zilla Panchayat-
Provided that the State Government shall, before making any order give the Gram Panchayat or the Zilla Panchayat, as the case may be, an opportunity of making a representation against the proposed order.
(1) When an order of supersession has been passed under section 114 then with effect from the date of the order-
(2) On the reconstitution of the Gram Panchayat or Zilla Panchayat, as the case may be, the authority, person or persons appointed
If a Sabhapati or an Up-Sabhapati, or Sachiva or a member of a Gram Panchayat or an Adhakshya or an Up-Adhakshya or member of Zilla Panchayat becomes a member of either house of Parliament or a member of Legislative Assembly, he shall be deemed to have vacated his office as Sabhapati or Up-Sabhapati or Sachiva or member of a Gram Panchayat or Adhakshya or Up-Adhakshya or member of a Zilla Panchayat, as the case may be, with effect from the date of his becoming such member and a casual vacancy shall be deemed to have occurred in such office.
Any act of commission or omission which is an electoral offence in relation to elections to the Legislative Assembly under Chapter VII of the Representation of the Peoples Act, 1951 or under any law for the time being in force shall be deemed to be an electoral offence in relation to the elections to the Gram Panchayats under this Act.
The State Government shall have the same powers in the matter of requisition of premises, vehicles and animals for the purpose of the conduct of elections to the Gram Panchayats as in the case of elections to the Legislative Assembly.
(1) The election of a person as a member of a Gram Panchayat or Zilla Panchayat shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that-
(2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act.
(1) Bribery, that is to say-
If any question arises as to whether a person has become subject to any disqualification, the question shall be referred to the prescribed authority for his decision and his decision shall, subject to the result of any appeal as may be prescribed, be final:
Provided that no order shall be passed under this section unless the person so disqualified is given an opportunity of being heard.
In the event of an outbreak of cholera or any other water borne infectious disease in any locality situated within the local limits of the jurisdiction of a Gram Panchayat or a Zilla Panchayat, the Sabhapati or Up-Sabhapati of a Gram Panchayat or Adhakshya or an Up-Adhakshya of a Zilla Panchayat may, during the continuance of the outbreak, without notice and at any time, inspect and disinfect any well or other place from which water is, or is likely to be, taken for the purpose of drinking and may further take such steps as he deems fit to prevent the drawing of water therefrom.
The Gram Panchayat or Zilla Panchayat concerned shall prepare and submit annually a report on work done during the previous year and the work proposed to be done during the following year to the prescribed authority within such period as may be specified by the State Government.
The State Government may, by notification, place at the disposal of a Gram Panchayat or Zilla Panchayat services of such officers or other employees serving under it on such terms and conditions as may be fixed by the State Government:
Provided that the State Government shall have disciplinary control over such officers and employees.
(1) Where parties to a dispute approach the Gram Panchayat or as the case may be, the Zilla Panchayat for settlement of dispute, then the Gram Panchayat or the Zilla Panchayat may settle such dispute if any law in force permits such settlement outside courts.
(2) Without prejudice to the powers conferred under sub-section (1), the dispute which a Gram Panchayat, or as the case may be, the Zilla Panchayat may take cognizance may be a dispute relating to -
The State Government may, by notification, delegate, subject to such conditions as it may specify, all or any of its powers under this Act except the power under section 130 to any person or authority subordinate to it.
The members of the Gram Panchayat or the Zilla Panchayat shall be entitled to such sitting allowances for attending meetings of the Gram Panchayat or the Zilla Panchayat and travelling allowances that may from time to time be fixed by the State Government:
Provided that such sitting allowances and travelling allowances are paid from the Gram Panchayat Fund or Zilla Panchayat Fund.
(1) The State Government shall constitute in every district a Committee called the District Planning Committee.
(2) The District Planning Committee shall consist of the following members, namely:-
(1) Any person who soon after the expiry of his term or resigning from the office of Sabhapati or Up-Sabhapati or Sachiva of Gram Panchayat or Adhakshya or Up-Adhakshya of Zilla Panchayat as the case may be, fails to hand over any document or, any money or other properties vested in or belonging to, the Gram Panchayat or Zilla Panchayat, as the case may be, which are in his possession or control, to his successor-in-office, shall on conviction, be punished with a fine which may extend to five hundred rupees and in the case of a continuing failure or contravention with an additional fine which may extend to fifty rupees for every day after the first conviction during which he has persisted in the failure or contravention.
(2) Any person who wilfully obstructs any member or office bearer or servant of all Gram Panchayat or a Zilla Panchayat, as the case may be, in the discharge of his duties or any thing which he is empowered to do shall, on conviction, be punished with a fine
No person shall contest the election to any Panchayat with the support, direct or indirect, of any political party.
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(i) the manner of convening and conducting the meeting of Gram Sabha;
(ii) manner of election of Sabhapati and Up-Sabhapati of Gram Panchayat under sub-section (1) of section 17;
(iii) manner in which meeting of Gram Panchayat shall be convened under sub-section (2) of section 19;
(iv) powers, functions and duties of Sabhapati of Gram Panchayat;
(v) power, functions and duties of Sachiva of Gram Panchayat;
(vi) manner in which and time within which an appeal may be made under section 42;
(vii) manner in which and time within which the Budget shall be prepared by Gram Panchayat under section 46;
(viii) manner in which and time within which the supplementary Budget shal
If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
On and from the date of commencement of this Act, the Sikkim Panchayat Act, 1982 shall stand repealed and all assets and liabilities of the Gram Panchayats constituted under the repealed Act, 1982 shall stand repealed and all assets and liabilities of the Gram Panchayats or Zilla Panchayats constituted under the repealed Act shall continue to vest in the respective Gram or Zilla Panchayat, as the case may be:
Provided that such repeal shall not effect-
(a) the continuance of the existing Gram Panchayat or the Zilla Panchayat as the case may be, by virtue of the operation of the proviso to Article 243 N of the Constitution; or
(b) the previous operation of the repealed Act or anything duly done or suffered thereunder;
(c) any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Act; or
(d) any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act; or
(e)
In the Principal Act, in section 16 :-
In the Principal Act, after section 16, the following new section shall be inserted namely:-
"16A. Self-Disclosure of Assets:
(1) A member of the Panchayat shall, within 3 (three) months from the date of assuming office, file a statement of assets and liabilities of himself and of the members of his family, in the form prescribed before the competent authority authorized in this behalf by the State Government by notification in the Official Gazette:
Provided that, a person who is a member of the Panchayat at the commencement of this Act shall submit such a statement to the Competent authority before the date specified by the State Government to this effect.
(2) Where a member of the Panchayat who filed a statement under sub-section (1) acquires any asset in his name or that of other members of his family or disposes or creates any liability thereafter on the assets specified in the statement, he shall file a statement in this regard to the Competent Auth
In the Principal Act, in section 23 :-
"23. (1) Save as otherwise expressly provided by or under this Act, the executive power for the purpose of carrying out the provisions of this Act and the resolution passed by a Panchayat shall vest in the Sabhapati thereof who shall be directly responsible for the due fulfillment of the duties imposed upon the Panchayat by or under this Act.
(2) When the office of the Sabhapati is vacant, the Up-Sabhapati shall exercise the functions of the Chairperson until a new Chairperson assumes office.
(3) If the Sabhapati of the Panchayat is continuously absent from territorial limit of the Panchayat for more than fifteen days or is incapacitated for any reason,
In the Principal Act, in section 24 :-
In the Principal Act, after section 27, the following new section 27A shall be inserted, namely :-
"27 A. The manner of removal of Sabhapati and Up-Sabhapati".
(1) Every Sabhapati or Up-Sabhapati of Gram Panchayat shall forthwith be deemed to have vacated his office if he is removed through a secret ballot by a sample majority of the total number of the members constituting the Gram Panchayat in accordance with the procedure, as may be prescribed:
Provide that no such process of removal shall be initiated unless a notice is signed by not less than one-third of the total number of the members of the Gram Panchayat in accordance with the procedure as may be prescribed.
(2) If such Sabhapati or Up-Sabhapati, as case may be, desires to challenge the validity of the act of removing him under the foregoing sub-section, he shall within 7 (seven) days from the date on which he is deemed to have vacated the office, refer the dispute to the Collector who shall dec
In the Principal Act, in section 29:-
In the Principal Act, for section 31 and the entries relating thereto, the following shall be substituted, namely:-
"(1) There shall be a Sachiva for a Gram Panchayat appointed by the State Government on such terms and conditions as may be prescribed.
(2) The Sachiva shall have authority to supervise all records of every Gram Panchayat falling under the jurisdiction of the Gram Panchayat.
(3) The Sachiva shall be in charge of the Gram Panchayat and shall discharge such duties and perform such functions as may be prescribed".
In the Principal Act, section 32 and 33 shall be omitted.
In the Principal Act, in section 34 :-
Provided that if such proposed construction is near a forest area, the Panchayat Authority, before approving such sanction, shall be satisfied that a certificate has been given by the Competent Authority under the Sikkim Forest Water Courses, Road Reserved, Preservation and Protection Act, 1988 certifying that the proposed construction does not fall within the Forest Area.
In the Principal Act, in section 35, after the sub-section (3), the following sub-section shall be inserted, namely:-
In the Principal Act, after section 39, the following new sections shall be inserted, namely:-
"39 A. Transfer of Funds to the Panchayat :-
The State Government shall release funds to the Panchayats in such a manner that these institutions get adequate time to use the allocation during the year itself. The fund release could be in the form of equally spaced installments. It could be done in two installments, one at the beginning of the financial year and the other by the end of September of that year.
39 B. Grants and Shares of Taxes.-
(1) The State Government shall having regard to the recommendation, if any, of the Finance Commission, in each year, after due appropriation made by the State Legislature by law in this behalf, make such grants and shares of various taxes, duties, cess and fees as are necessary to the Panchayats for the proper discharge of their functions under this Act.
(2) The shares of taxes collected by the State Government shal
In the Principal Act, in section 48, for sub-section (3) the following shall be substituted, namely :-
"(3) The Directorate of Local Fund Audit, Finance Revenue and Expenditure Department, Government of Sikkim shall audit the accounts of Gram Panchayat/Zilla Panchayat/District Planning Committee, as soon as may be after the end of each financial year in the manner provided under the Sikkim Local Fund Audit Act, 2012, and submit the Annual Audit Report for placing it before State Legislature.
Whereas, the Comptroller and Auditor General of India shall provide Technical Guidance and Supervision (TG & S) over the audit of the Gram Panchayat and submit its Annual Technical Inspection Report for placing it before State Legislature".
In the principal Act, after section 48, the following section shall be inserted, namely :-
"48 A. Liabilities of Sabhapati, Up-Sabhapati and Member of Gram Panchayats .-
(1) Every member of a Panchayat including the Sabhapati and Up-Sabhapati thereof shall be liable to the Panchayat of which they are members or, as the case may be, Sabhapati and Up-Sabhapati, for the loss, waste or misappropriation of any money or other property belonging to such a Panchayat as direct consequence of his neglect or misconduct while in office.
(2) If on appearance the member or, as the case may be, the Sabhapati and Up-Sabhapati admits his liability and its amount, the Prescribed Authority shall pass an order for the recovery of the amount of each liability from such member or, as the case may be, such as Sabhapati and Up-Sabhapati.
(3) If the member or, as the case may be, the Sabhapati and Up-Sabhapati disputes their liabilities or its extent, the Prescribed Authority af
In the Principal Act, after sub-section (4) of section 50, the following proviso shall be inserted, namely :-
"Provided that Office of the District Collector of respective District will issue Other Backward Classes (Centre) and Other Backward Classes (State) certificate for the above purpose only"
In the Principal Act, the existing section 60 shall be renumbered as sub-section (1) of that section, after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely :-
"(2) The provision of Section 23 relating to Power, Function and Duties of Sabhapati and Up-Sabhapati of Gram Panchayat shall mutatis-mutandis be applicable to the Adhakshya and Up-Adhakshya".
In the Principal Act, section 61 shall be omitted.
In the Principal Act, in section 66 ,-
(i) after clause (d), the following clause shall be inserted namely :-
"(e) any member of Zilla Panchayat being a member of any political party, if he ceases to be the member of that political party, shall cease to be the member of Zilla Panchayat from the same day he ceases to be the member of that political party".
(ii) sub-section "(5)" shall be omitted".
In the Principal Act, after section 66, the following section shall be inserted, namely :-
"66 A. Recalling of Adhakshya or Up-Adhakshya or Member of Zilla Panchayat :-
The provision of section 27 A relating to Recalling of Sabhapati or Up-Sabhapati or Member of Gram Panchayat shall mutatis-mutandis be applicable to the Adhakshya or Up-Adhakshya or Member of Zilla Panchayat".
In the Principal Act, after section 76, the following new sections shall be inserted namely:-
"76 A. Transfer of Funds to the Panchayat.-
The State Government should release funds to the Panchayats in such a manner that these institutions get adequate time to use the allocation during the year itself. The fund release could be in the form of equally spaced installments. It could be done in two installments; one at the beginning of the financial year and the other by the end of September of that year.
76 B. Grants and Shares of Taxes.-
(1) The State Government shall having regard to the recommendation, if any, of the Finance Commission, in each year, after due appropriation made by the State Legislature by law in this behalf, make such grants and shares of various taxes, duties, cess and fees as are necessary to the Panchayats for the proper discharge of their functions under this Act.
(2) The shares of taxes collected by the State Government shall
In the Principal Act, after section 85, the following new section shall be inserted namely:-
"85 A. Liabilities of Sabhapati, Sachiva and Member of Zilla Panchayats :-
The provision of Section 48 A relating to Liabilities of Sabhapati or Sachiva or Member of Gram Panchayat shall mutatis-mutandis be applicable to the Adhakshya or Up-Adhakshya or Member of Zilla Panchayat".
In the Principal Act, in the section 86, for the words"and sub-section (3)" the words "in a manner provided in sub-section (3)" shall be substituted.
In the Principal Act, after section 123, the following section shall be inserted namely:-
"123A. Pool of experts and specialists.- A pool of experts and specialists (e.g. Engineers, Planner, Accountants etc.) may be maintained by State Government or District Panchayat. This common pool could be then accessed by the Panchayats whenever required for specific tasks on payment".
In the Principal Act, in section 127:-
(i) in the marginal heading the word after "Constitution" and before the word "of" the words "Function" shall be inserted.
(ii) for section 127 and the entries relating thereto, the following shall be substituted, namely:-
"127. (1) The State Government shall constitute District Planning Committees (District Planning Committees) in every District within three months of completion of elections to Panchayats. The District Planning Committee shall have a planning office with a full time District Planning Officer. The District Planning Committees shall be constituted 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.
EXPLANATION - DPO means any substantive officer appointed by the State Government trained and monitored by the DPER & NECA Department.
(2) The District Planning Committee shall consist of such
In the Principal Act, after section 132, the following section shall be inserted, namely:-
"133 - Powers and responsibilities of police in respect of offences and assistance to the Panchayats.-
Every police officer posted within the territorial limit of the Panchayat shall give immediate information to the Panchayat of an offence coming to his knowledge which has been committed under this Act or any rule or by-law made thereunder and shall assist all the members, officers and servants of the Panchayat in the exercise of their lawful authority".
In the Principal Act, after section 133, the following new sections shall be inserted, namely:-
1. "134. Standing Committees of Panchayats.-
(1) In every Panchayat at all levels Sectoral Standing Committees as stated below shall be constituted:
(2) In the District Panchayat a Standing Committee for Public Works shall also be constituted.
(3) Every Standing Committee shall consist of such number of members, including its Adhakshya or Sabhapati, as decided by the Panchayat, so that all elected members except the Adhakshya and Up-Adhakshya or Sabhapati and Up-Sabhapati shall be members in one of the Standing Committees and the number of members to each Standing Committee shall, as far as possible, be equal.
(4) The number of members of each Standing Committee as decided by the Panchayat under sub-section (2) shall not be changed within the term of that Panchayat.
(5) In every Standing Committee there shall be members appointed in accordance with the procedure prescribed by the Panchayat itself. No Panchayat representative shall be a member of more than one Standing Committee at a time.
(6) The Chairperson of every Standing Committee, except the Standing Committee for Finance, shall be elected by the members of the respective Standing Committee from among themselves.
(7) The Up-Adhakshya or
In regard to conduct of business at its meetings, a Standing Committee will follow such procedure as may be prescribed".
(1) The following subjects shall be dealt with by the Standing Committees of the Panchayat:
A Panchayat may at any time call for any document including extracts from the proceedings of the meetings of any Standing Committee any return, account statement or report concerning or connected with any matter with which such Standing Committee has been authorized or directed to deal, and every such requisition shall be complied with by the Standing Committee".
(1) A Panchayat may, on application made to it or otherwise, examine the record of any decision of any of its Standing Committees and may confirm, reverse or modify such decision:
Provided that no action under this sub-section shall be initiated after the expiry of three months from the date of the decision sought to be revised.
(2) The order of the Panchayat under sub-section (1) reversing or modifying a decision of its Standing Committee must be supported by a majority of the total number of its members, failing which the decision of the Standing Committee shall stand".
Jagat B. Rai (SSJS)
L. R-cum-Secretary,
Law Department.
In the principal Act, in section 66, "clause (e) shall be omitted.
In the principal Act, after section 128, the following section shall be inserted, namely :- "129. No person shall contest the election to any Panchayat with the support, direct or indirect of any political party".
(1) This Act may be called the Sikkim Panchayat (Amendment) Act, 2021.
(2) It shall be deemed to have come into force on the date of publication in the Official Gazette.
(1) In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the "Principal Act"), existing Section 11 shall be renumbered as sub-section (1) of that Section and after sub-section (1) as so renumbered the following sub-section (2) shall be inserted, namely:-
"(2) Notwithstanding anything contained in sub-section (1) above, if:
(a) the Gram Sabha fails to perform any of the functions stated in sub-section (1) above, within a reasonable time, or
(b) the Gram Sabha is due to some exceptional circumstances, reasons for which are to be recorded in writing, unable to meet and perform its functions,
(i) Then the Prescribed Authority shall, in consultation with the Gram Panchayat, take a decision and carry out any such function:
Provided that the Prescribed Authority shall ensure consultation with the Gram Panchayat by constituting a Committee, where:
(A) the members of the Gram Panchayat shall be more in number than the nominees of the State
In the principal Act, in Section 11 A, in clause (c), before the words "to identify", the words "to render assistance to Gram Sabha" shall be inserted.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
