The SIKKIM PANCHAYAT ACT, 1993
This Act sets out how Gram Sabha and Gram Panchayat bodies are created, organized, and run, including meetings, elections, duties, and reserved seats.
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This Act sets out how Gram Sabha and Gram Panchayat bodies are created, organized, and run, including meetings, elections, duties, and reserved seats. This segment sets rules for Gram Panchayats and Zilla Panchayats on property transfers, land acquisition, budgets, taxes/fees, funds, and audit compliance. This provision covers panchayat finance, supervision, elections, disputes, penalties, and State Government powers. This amendment updates the Sikkim Panchayat Act to create District Planning Committees, require a planning office with a full-time District Planning Officer, and set rules for how Panchayat-related funds and tax shares are to be distributed. Police in a Panchayat area must promptly inform the Panchayat about offences under the Act and help Panchayat officials; the Act also sets up Standing Committees, their membership rules, record-sharing, decision review powers, and some time limits.
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Provisions of The SIKKIM PANCHAYAT ACT, 1993
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The SIKKIM PANCHAYAT ACT, 1993 — segment 1
This Act sets out how Gram Sabha and Gram Panchayat bodies are created, organized, and run, including meetings, elections, duties, and reserved seats.
..,.,.--~" -.. (.'. .;. ~.. SfKKI~1 • GAZETTE; EXTRAORDrNARY .j ~_~ __ ~PUBLJSHED BY A~~HOR~fTY ~ ... _" Gangto"i<:-'- MonchlY, VHh October, 1993 " N.o; 140 GOVERNMENT OF SIKI(IM LAW DEPARTMENT GANGTOI( NOTIF.ICATION No. 6/LD/1993 Dated, Gangtok the 18th OCtobCI',.:J99J Tile following Act of the Sikk in. Legislative Assembly Secretariat hnvlngreceived the asscrtt.of tile Governor on 11th clay ofOctober, 1993 is hereby published for general infnrmation ;. . , • , II THE SIKKIM PANCHAYAT ACT, 1993 (ACT NO, 6 OF 1993) AN ACT Arranqernent of Sections: CHAPTER I PRELIMINARY· Sections: 1. Short title, extent and commencement 2. De,illitlol1s, CHAPTER II CONSTITUTION OF GRAM AND GRAM SABHA Constitution of Gram, its name and jurisdiction. Effect of alteration of tile area of the Gram. Eff~ct of inclusion of aGrnm or part thereof In Nagar Panchayat, etc. Meetings of Gram sabna . .Ouorum for meetlF1gs and rcsoulatlon. 8. Convening of 111(!~linqsof Grarn Sabha. 9. Presiding OrlicC!'. 10. Matters for consideratton of Gram Sabha, 11. Functlons of Gram S31)h3. CHAPTER III GFlAM PANCHAVAT 12. Constitution ofGram Panchayat. 13. Composltlonof Gram Panchayat. 14. mcorporauon.ot Gram Panchayat, 15. Duration ofGram Panchayat. 16. Dlsquallficatt()O'of members ofGram Panchayat. 17. Sabhapatl and up-sabnapau, 18. Election or nomination ofsabnapau, up-sapnapan, Sachiva and members tobepublished. 19. First meeting pf~GramPanchayat. 20. Meeting ofGram Panchayat. 21. Consideration ofquestion disposed ofbyGram Panchayal. 22. List ofbusiness tobetransacted atameeting. 23. Powers and duties of SabhapaU. 24 Powers andduties ofUp-sabnapat'. 25 Right of Individual member. 26. Resignation of Sabhapati, Up·Sabhapati or member. 27. Removal ofSa~hapati and up-saonapau. 28. Filling ofcasual vacancy Intheoffice of Sabh~pati or up-sacnapan 29. Removal ofI1)CmberofGram Panchayat. 30. Filllng of casual vacancy Incaseof member ofGram Panch~yat. 31. Sachlva ofGram Panchayat. 32. Resignation QfSachlva. 33. Removal ofsecntva CHAPTER IV DUTIES OF GRAM PANCHAYAT 34. Obligatory dU,tlesofGram Panchayat: 35. Other duties ofGram Panchayat. CHAPTER V PROPERTY,ANDFUND 36. Property and fund ofGram Panchayat 37. Allocation ofproperties. toGramPanchayat. 38. Acquisition of landfor Gram Panchayat. 39. Gram Panchayat Fund, 40. Levy oftaxes, rates orfees, 41. Power ofStat~Government toregulate taxes, rates andfees. 42. Appeal against taxation, feesand rates. 43. Recovery ofarresrs. 44. Action by District Collector, 45. Powerof StateGovernment Inregard to rellcf fntaxes, rates,nndfees. 46, Budget ofGt'amPanchayat. 47. Supplementary Budget. 48..Accounts a~dAudit. CHAPTER VI CONSTITUTIONOFZILLA PANCHAYAT 49. Zilla Panchayat and Itsconstitution. 50. Compositionof Zilla Panchayat. 51. Incorporation:o,tZillaPanchayat. 52. Duration OfZilla Panchayat. 53. Dis·qualifica~on ofmembersofZilla Panchayat. 54. Adhakshyaa~d Up·Adhakshya. '; 55.' Notification ofE.lection, Nomination, etc. 56 First meeting ofZilla Panchayat. 57. Meeting ofZlliaPanchayat. 58. Reconsideration ofquestions disposed of~ Zilla Panchayat. 59, List of business tobetransacted atameetil'lQ. 60. 'Powers andduties of Adhakshya. 61. Powers anc.ouues of Up·Adhakhsya. 62. Right ofindividual members. 63. Rosigl'lntiol1, c;fAdhakshya or Up-Adhakhsya or aMember. 6·1. Hemoval of Adilal<sllya anti Up-t\ddhakl1sya. (. 65. Filling of C8SU3, vacancy in the cfiice of Adhakshya or Ur}-Adhakr.\s~a. 66. Removal of member of Zilla Panchayat. 67. Fillinn of casual vacancy of elected member of Zilla Panchsys' GB. Sachlva of Zilla Panchayat. CHAPT~]i VII POWERS AND DUTIES OF ZILLA P!\NCHAYAT 69 Obligatory dutlos of Zilla Panchayat. 70. Other duties of Zilla Panchayat, 71. Joint execution of schemes by two or more Ziila Panchayat. '72 Power of supervision by Zilla Panchavat over Gram Panchayat. CHAPTEli VIII cr PROPERTY AND FUND ZILLA PANCHAYAT 73. Works constructed byZilla Panchayat to vest In it. 74. Allocation ofproperties to Zilla Panchayat. 75. Acquistition af land for Zilla Panch(jyat. 76. Zilla Panchaya: Fund. !.. 77. Imposition of taxes, rates and fees. 78. Power of SWtGGovernment to regulate taxes. "{9. Appeal against taxation, rate orfee. 80. RecovNY of arrears, 81. Action by District Collector. 82. Power ofState Government in regard to relief in taxes. 83. Budget ofZili3 Panchayat. \ 134. Supplementary BudgE!!. t8,.~i. Accounts. CHAPTER IX AL'DIT OF ACCOUNTS OF GRArV! AND ZIl.LA PANCHAYAT FUNDS 86. Audit of accovnts offund. 87. Submission of accounts to Audit. 88. Power of Auditurs. 89. Penalty. 90. Audit Report. 91. Action on audit report. 92. Power of Auditor to surcharge etc. 93. Appeal. 94. Payment of cartified sums. 95. Certain costs and expenses payable out of Fund. CHAPTER X CmJSTITUTION OFTHE STATE FINANCE COMMISSION 96. Definition. 9'1. Qualifications for appointment as and ttH:manner .of selection of members of me Commission. 98. Personal tnterest to disqualify members. 99. Disqualification for being amember of the Ccmrntsslon, iOO. Term of office elf the member and eligibility for re-appointment. 101. Condition of service and salaries and allowances of members. '102. Procedure and powers of the Commission. CHAPTER XI I STATE El.ECTION COMMISSION 103. Constitution of State Ejection Commission. CHAPTER XII MISCELLANEOUS 1(;.1 Oath of affirmfltiof1: 10S. Validation. J.' 106. Members and qUi~~'rs and employees to be public servant. ·it . " 107. Inde.nmi!y. lOB. Rl?fell::l1ce oLHspute. 109. lnspectlon. ·j·IO. POWN of state Government to rescind or suspend resolution or aGram Panchayat orZilla Panchayat, ·1·1·!. Power of Stnl~ GOV011lment officers to attcnd meetinqs. 112. Directions bySlole Government. '113. Power to remove SabhapJti, Up-Sabhapaf or sachlva of Gram Panchayato~dAdhakshya or Up·Adl'lakslwa ofZilla Panchayat, 114. Power of 51.:,:" Government tosupersede aGra;~,Pan:hayat or Zilla P;;nchayat. '115. consequences of supersession. 116. Effect of eiecaon of amember of Gram Panchayat to Houses of Parliamenl or Legislative Assembly, 117. Electoral off"nct;~;. '118. Requisition of premises, vehicle etc. for election purpose. 119. Application for questioning the election. 120 Decision all question astodisqualification. '121. EmerfJent power on outbreak of epidemic. 122. Report on ihe work of Glam Panchayat or Zilla Panclnyat 123. Placing ofservices ofGovernment employees i.it tilG disposal of "Gram Panchayat or aZilla Panchayat, 124. Power to scl;le disputes. 125. Delegation. 126. Allowances \0 members. 127. Constitution of District Planning Committee. 128. Penalty. 129. Election no-tto becontested witt] the support Of p0;ilical rnrty. 130. Power to make rules, 131 Power to remove difficulties, 132. Repeal anu Savings, THE SIKKIM PANCI·IAYAT ACT, 1993 (ACT NO.6 OF 1993) AN ACT to consolidate and amend the law relating to Panchayars 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 Consti- tution (Seventy-Third Amendment) Act, 1992 and for matters connected therewith and in:.:Lkntal thereto. EE it enacted by the Legislative Assembly of Sikk imin the Forty-forth Year ofthe P.,.:pt;blic of India as follows :- CHAPTER I PRELIMINARY Short title, ex·· 1. (1) This Act may be called the Sikkim Panchayat Act, 1993. tent and com- (2) It extends to the whole of Sikkim except the areas which may hereafter be mencement. declared as orIncluded in the Nagar Panchnyat. (3) It shall come into force on such elate as the State Government 111il)', by notification in the Official Gazette, appoint and different elates may be appointee! for different areas and for different provisions of the Act. Definitions. 2. (1) In this Act, unless the context otherwise requires,- (a) "Adhakshyu" means an Adhakshya of a Zilla Panchayat elected under sub-section (1) of section 54; (b) "Audi tor" means anauditor appointed under SlIb-section (2) ofsection4R; (c) "District Collector" means the Collector of the District; (d) "District Development Officer-cum- Panchayar Officer" means the Dis- Iricr- Development Officer -cum-Pnnchaynt Officer of the District appoin tee!bythe Stale Government; (e) "Governor" means the Governor of Sikkim; (f)"Gram" means any village or part ofavillage orgroup ofadjoining villages or parts thereof declared by the State Government to be aGram under xub-section (l) of section 3; (g) "Gram Panchayat" means a Gram Panchayat constituted under section 12: (11) "Nagar Panchayat" means a Nagar Panchayat and includes amunicipal- jty,mun icipal commi nee orcorporation orsuch other body by whatever name called con- stituted under the Jaw relating to such Nagar Punchayats for the time being in force; (i) 'Notification' means the notification published in the Official Gazette; (j) "Prescribed Authority" means all authority appointed by the State Gov- ernment, by notification, for all or any of the purposes of this Act; (k) "Sabhaputi" .means aSabhupnti of aGram Panchaynr ejected under sub- " section (1) of section 17; (1) "Secretary" means the Secretary to the Government of Sikkim in the RI.1J':\lDevelopment Department and includes an Additional Secretary, Joint Secretary, Deputy Secretary and Under Secretary of that Deparrmenr; (rn)"Statc Government" means the Government of the State of Sikkim: (n) "Up-Adhakshya" means an Up-Adhakshya of a Zilla Punchayat elected under sub-section (1) of section 54; (0) "Up-Sabhapari" means all Up-Sabhupati of a Gr,1l11 Panchayur elected under sub-section (1) of section 17; (p) "Zilla Panchayat" means aZilla Panchayat of adistrict constituted under sub-section (1) of section 49; 2 (2) Words defined in the Constitution (Seventy-Third Amendment) Act, 1)92 but not defined in this A~t shall have the same meanings as respectively assigned to them in the Constitution (Seventy-Third Amendment) Act, 1992. CHAPTER H CONSTTrUTION OF GRAM AND C;P,AM SABHA Constitution of" 3. (1) Subject to the consideration of local conditions, the State Government may, Gram, its name by notification, declare for the' purpose of this Act any village or part of a village or a and jurisdie- group of adjoining villages or parts thereof to be a Gram. tion. (2) As soon as may be after the constitution of aCram 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 mem- bers to be elected from each ward having regard to the number of voters in such ward and such other considerations as the State Government may consider approprinte. (4) The notification under sub-section (1) shall specify the name of the Cram by which the Panchayat shall be known and shall specify the local limits of such Panchayar. (5) The State Government may, after making such enquiry as itmay think fit and/ or after obtaining the views of the Gram Sabha, by notification- (a) exclude from any Gram any area comprised therein; or (b) include in any Gram any area adjoining to such Gram; or- (c) divide the area of a Gram so as to constitute '.two or more Grams; or (eI) unite the areas of two or more Grams so as to 'constitute ancw Cram. Elfcct ofaltera- 4. (I) When anarea is excluded from a Gram under clause (a)of sub-section (5) of tion of the area section 3, such a.en shall, as from the elate of the notification referred to in that sub- a/Gram. section, cease to be subject to the jurisdiction of the Gram Panchayar of that Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifica- tions in force in that Gram shall also cease to apply to the area so excluded. (2) When area is included in a Gram under clause (b) of sub-section (5) of all section 3, the Gram Panchnyat for that Gram shall.us from the elate of the notification referred to in th~t1.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 (5) of section ::Iso as toconstitute two or more Grams, the Gram Panchayat ofthat Gram shall, as from the elate of the notification referred to in that sub-section, cease toexist and there shall be reconstitution of the Gram Pnnchayars for the newly constituted Gramsin accordance with the provisions of this Act. . (4) When the areas of two or more Grains are united under clause (el) of sub- section (5) of secrion S so as to constitute a new Gram, the Gram Punchay.us of the said Grams shall, as [rem (he elate of the notification referred to in that sub-section, cease to exist and a separate Gram Panchayut shall be constituted for the new Grams in accor- dance with the provisions of this Act. (5) When under sub-section (5) of section 3 any area is excluded from, or included in, a Gr..m or a Gram is diviclecl so as to constitute two or more Grams, or two or more Grams are united to constitute a new Gram, the properties, funds and liabilities of the Gram Panchaynt or Panchayats affected by such reconstitution shall vest in such Gr,lI11 Panchaya tor Panchaynts in accordance wirhsuch allocaticn as may be determined by order in writing by the prescribed authority, and such dererrninarion shall be final. (6) An order made under sub-section (5) may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reconstitution, £.// ct of inclu- 5. (1) If, at any time, the whole of the area or a Gram is included within the Nagar sion ofa Gram Panchnynt under the provisions of' the law made in this behalf, the Gram Panchaynt .or part thereof concerned shall cease to exist, and the properties, funds and other assets vested in such in Nagar Pan- Gram Punchnyat and all the rights und liabilities of' Gram Pnnchayat shall vest in, SUC') cliayat, etc. and devol ve on) the j'Jagar Panchayut. (2) If, at any time, a part of the area of a Gram is included in a Nagar Panchayat be under the provisions of the luw made in this behalf', theurea of the Gram shall deemed (0 have been reduced to the extent of the part so included within the Nagar Panchnyat and the properties, funds, rights and liabilities of the Gram Panchayat concerned in rcrpcct of the part so included shall vestin, and devolve on the Nagar Pnnchuynt in such manner <ismay be determined by the prescribed authority and such dctermi nation shall be Iina 1,und unless the Stare Govcrnmen totherwise directs, all J'U les, orders, directions uudnotifications in force illthe areas comprised illthe Nagar Panchnyat shall apply to the part of the areaof the Gram :;0 included. Me etin gs of G. Subject to the general orders of the State Government the Gram Sabha shall Gram Sablia. meet a! least twicei nayen"and where tbe Gram Panchayar fuiIsto convene Gram Sabha, the prcscri bee! nuthori ty shall \"ith the approval or tile State Govcrnmen tand after giving notice to the CI'::;)1 Panch.iyat concerned.convene it. Quorunijor the 7. (1) Ql:()r~111)for the meeting of a Gnun Sabhn shall be one-tenth of the total mc eti ng and members of tile Cr:lJ\1 Subhu, resolution. (2) Any resolution relating to the matters entrusted to the Gram Sahha shall be passed by a majori ty of votes of the members present and voting in the meeting of the Gram Subha . .Convening of 8. The procedure for con vening nnd conducting themeetings of the-Gram Sabhu meetings of shall be such as llny be prescribed. Gram SaiJIJa. Presiding ()/Ji- 9. Every meeting of the Gram Snbha shall be presided O'.'CT by the Subhnprui of ccr. the concerned Gram Punchayat and in his absence by the Up-Subhnputi of that Gram Panchllyat. Matters for 10. (1) The Gram Sabha shal! consider, and may make recommendations and sug- cousiderat ion gestions to the Gram Panchayat on the following matters, namely'- of Gram (a) the annual statement of nccounts of the Gram Panchayat, the report of Sablia. ndrninistrarions of the preceding financial year and the last audit note and replies, if any, made thereto; (b) the: report in respect of development programmes proposed to be under- taken during the current year; (c) the promotion of unity und harmony among all sections of society in the village; (d) programme of adult education within the: village; (e) such other matters as the State Government may, by general or special order, specify. (2) The Gram Punchayat shall give clueconsideration to the recommendations and suggestions of the Gram Sabhn. Functions of 11, The Gram Sabhu shall perform the following functions, namely:- . Gram Sablia. (a) mobilising voluntary labour ane! contributions in kind and cash for the community welfare programme; (b) identification 01' beneficiaries for implementation of developmental schemes pcrwining to the village: Provided that if the Gml11 Subhn I'ails to identify the beneficiaries within the reason able time, the prescri bed allthority shall.in consultation wi th the Cram Panchayat, identify the beneficinries; (c) rendering nssistunce in the implementation of developmental schemes 4 pertaining the village. (0 CHAPTER III GRAM PANCHA YAT Constitution of 12. (1) There shall be constituted, in each Pnnchnyar area, an institution of Self- Gram POIl- Government called the Gnl111Panchnyar bearing the name of the Gram. cliayat. (2) For the purpose ofsub-section (1), each Panchayat area shall be dividedinto wards in such mariner ~ISthe State Government, may determine: Provided that the number of members to be elected illeach ward shall, as far as practicable, be in the same proportions to the total number of persons to be elected for the Gram Panchnyats as the population of the bears to the total population of the W~\I'(J Panchayat area. 0) The list of wards determined under sub-section (2) shall be prepared ~\J1c1 published in the Official Gazette. Composition of 13. (1) A Cram Panchayat shall, subject to the provisions ofsub-section (5), consist Gram Pan- of such number of members not less than five and not 111ore than nine, as the Secretary cliaya t. , may, subject to the general order of the Stare Government in regard to the allocation of number of seats to different Gram having regard to the \:arying extent of population therein, determine ane!Stich members shali be chosen by direct election through secret ballot by persons whose Mli11eSare included inthe electoral 1'01101'the Sikkim Legislati ve Assembly for the time being in force pertaining to the area comprised in the Gram. (2) Election to the Grain Panchayat shall be held in such manner as may be prescribed. (3) Where aGram fails toelect the full number of members as determlned under sub-secrion (1) it shall be called upon to elect the remaining number of members. (4) The term of office of the members of Gram Pnnchayut shall, subject to the provisions of section 29, be co-terminus with the term of the Gram Pnnchaynt. (5) The State Government shall, by notification reserve the seats for Scheduled Castes and the Scheduled Tribes in every Gnun Panchnyar and the number of sears so reserved shall bear, as nearly may be, the same. proportion to the total number of seats ;IS to be filied by dircct election in t11:ItPanchayar ;1sthe popu lnrion of the Scheel uled Castes in that pnnchayar area or of the Scheduled Tribes in that panchayat area bears to the total population of rhtu area d such sears shall beallotted by rotation to different wards in <II il Gram Panchayru in ; .h manner as may be prescribed. ((j) Not less tha 1 one-ihi rdof the total number of seats reserved under sub-section (5) shall be.reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (7) Not less than cne-thirduncludlng the number of seats reserved for women belonging 10the Scheduled Castes and the Scheduled Tribes) of the toral number of-seats to be filled by direct election in every Gram Panchayat shall be reserved for women ancl such sears may be allotred by rotation to different wards in a Gram Panchayat in such manner as may be prescribed. ~. ! I1COrpo ratio n 14. (1) Every Gram Panchayat shall be abody corpora rehaving perpetual succession of Gram Pan- and a common seal and SIJ,Il!by its corporate name, sue(tile! besued. cliayat, (2) A Gran: Punchaynt shnll have power acquire, hold and dispose of property (0 ....and \0 enter into connact: Provided tluu illcases ofacquistirion or C\iSI)OS;t\or immovable property, the (':rarn P;\IlChaY,11sh;lIl ormin the previous approval of the Sture Government. Iruratiou of IS. (I)" Every Gr.un 1'<lIICI1;I),<lt : , ;;\VC ,IS otherwise provided ill this Act, shall Gram continue Cor a term or rive ycarx from tile.elate appointed for its first meeting and no PaIL' cliayat. longer. (2) 'l~() ;l.Incildmclit oLIIl;,' Jaw Corthe time hcii1g in force shall have theeffect or 5 causing dissolution or aGram Panchuyat, which is functioningimmediately before such amendment till the expiration of its duration specified in sub-section (1),. (3) The election to constitute a Gram Panchnyat shall be completed- (a) before the expiry of its duration specified in sub-section (1); -... (b) in the case of dissolution, before the expiration of aperiod of six months from the date of its clissolution: Provided that where the rcmai nder of the period for wl: ich the dissolved Gram Panchayat would h:1VCcontinued is less than six months, it shall not be necessary to hold ~lllyelection under this clause for constituting the Gram Pnnchuyat for such period, (4) A Gram Panchnyut constituted upon the dissolution of a Gram Panchayat before the expiration of its durution, shall continue only for remainder of the period for which the dissolved Gram Panchaynr would have continued under sub-section (1) had it not been so dissolved, Disqualijlca- Hi, A person shall be disqualified for being chosen as and for being, a member cion of mcm- of a Gram Panchayat- bas of Gram (a) if he is so disqualified by or under any law for the time being in force for Panchayat. the purpose of elections to the Legislative Assembly of Sikkim: Provided that no person shall be disqualified on the ground that he isless than twenty-five years of age, if he has nrtuincd the age 0)' twenty-one years; or (b) ifhe is amember 01' it Nagai' Puuchnyut esrablished under the law relating to constitution of such Nagar Panchayat for the time being in force; or (c) if he holds any office of profit under a local authority or a co-operative society or aGovernment company or aCorporation owned Ol"controlled by tl:c Central or the State Government; or (d) has been dism issed l'r0111the service of nStare Government or the Central Government or a local aurhority or a Co-operative Society or a Government company or :1 Corporation owned or controlled by the Central or the State Government for misconduct; or (e) if he is of unsound mind und SI,ll1cisodeclared by a competent court; or (nil' he is an undisch.uge« insolvent; or (g) if he is suffering from a variety of leprosy which is infectious ; or (h) if he is convicted of an election offence; or (i) iI: he has been convicted by a COLIrt of an offence involving moral turpitude and sentenced to imprisonment for a term exceeding six months; or (j) if he has not paid any arrear in respect of any tax or rate or fee payable to aGram Pnnchnyat or it Zilla Pnuchnyat or aNagar Panchnyat or the State Government: Provided that the disqualification under this clause shall cease upon payment of the rate 01"tax or fee; or (k) if lie hus directly OJ" indirectly by himself or by his partner or employer or an employee, hold any share or interest in any contract with, by or Onbehalf of aZilla Panchaynt or a Gram Pnnchuyat: Provided ihnr uperson sl1,11Inot bedeemed to have incurred disqualification ,I by reason 01' his huviug share or interest in uny public COJ1lp~ln)'or registered co- oper:u ivc society \vlt ich has IICO!ltrucr wiI1101' isemployed by ItGram Panchuyat or aZilla Pauchay.u of the rlisn'icr. Subluiptui aiut 17, (J) Every Gram Pnnchayut shull, atItsfirst meeting atwhich aquorum ispresent, Up,So!Jllopoii, elect Dill' orits members to be tlie Subhu pnti ~\11c1another member to be the Up-Snbhapari of the Gram Pnnchnynt ill such 111:,11111CI' us may be prescribed, (2) Tile State Goverumcnt shall, by notification reserve- C\) such number of offices of S,lhh:1j)~lti ,lml Up-Sabhupari of Gram Pan- chnynts ill each district for the Scheduled Castes ~llld the Scheduled Tribes ~tiicl t::': number of sllch offices shull \)\:':\1' as nearly as may be, the same proportion to the total number of offices ill the district ax the population of the Scheduled Castes and of the 6 Scheduled Tribes in the district bears to the total-population of the district; (b) not less than one-third of the total number of offices of Sabhapati and Up- Sabhapati of the Gram Panchnyat of the district from each of the categories which are reserved for persons belonging to the Scheduled C(t'S(CS nne! the Scheduled Tribes and of those which are reserved for women: Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gram Pnnchnyars in such manner as may be.prescribed. Explcn ationi- For the removal of c101blt itishere by declared that the principle of rotation for purposes of reservation of offices under thissub-section shall commence from the first election to be" held after tile commencement of this Act. (3) TIle Sabhapati and Up ..Sabhaputi shall, 5Ubjccr to the,provision of section 27 and to their continuing as mr-nbers, hrild office for a period of five years. (4) Whl:n- (a) the office of the Sabhnp.ui falls vacant by reason of death, resignation, removal OJ' otherwise: or (b) the Sabhapnti is, by reason of leave, illness or other cause, temporarily unable to act, the Up ..Sabh'!j)'iti shall exercise the powers, perform the functions and discharge the .:-;::.. duties of the Snbhnpati until anew Sabhapnii is elected aile! assumes office or until rhe Subhupati resumes his duties, ,IS the case 111<1bye. (S) Whcn- (a) tile office ofthe 1.1p-Subhupnri falls vacant byreason of death, resignation, ,,1' removal hcrwise; or (J\ (b) the Up-Subhapau is.by reason of leave, illness or other cause, temporar- ily unable to act, the Sabhapnri shall exercise the powers, perform the functions apd discharge the duties of the Up-Sabhapuri until a new Up-Sabhupati is elected andassumes office or until the Up-Sabhapnri resumes his duties, as the case may be. (G) When the office of the Subhapati and the Up-Sabhapnti are both vacant, or the Snbhapnri aud Up-Sabhupari are temporarily unable to act., the prescribed authority may appoint a Sabhnpari and Up-Snbhnpnri from among the members of the Gram Panchnyat to 'let ,IS such until a Snbhupnti and Up-Sabhapati are elected and assume office. Election or 18, Every election or nomination of a Sabhapnti, Up-Sabhapari, Suchiva and nomination qj' members of Gram Pnnchnyni, ,IS the case may be, shall be published by the State Government by notific.uion and such personsshall enter upon their respective offices Sabliapati, Up- Sabhapati, Sa- from the date of such publication: chivaandrueni- Provided that if no such publication has been made the Sabhapnti, Up- hers to be pub- Sabhqnti, Suchivn and members shall be deemed to have enrcrcd upon their respective lished. offices [,',,:n the dare of declaration ofresult of their election or nomination, as the case First meeting 19. (1) Nowithstnnding <illyvacancy in themcnlbershipoftl!>!.'~GraI11Panchayat, the 0- \~ of Gram POIl- prescribed :.ll!ihori ty shall, immcd lately after bll (before the expira tion of thirty clays from cliayat. the dare of publication ofthe notification unden section 18 appoint a elate for the meeting of theGram Puncliayar members (which meeting shall becalled the. first meeting of the Gram Panchayar) for elecring the Sabhapari, Up-Sabhupati and the Sachiva of the Gram Panchaya [from amongst themscl ves. (2) Tile: meeting to be held under sub-section (1) shrill be convened by the prescribed authority ill such 111:111I1e,IrS !11~I)b'e prescribed. 20. (1) Every Gram Pnnchuy.u shall hold a meeting for rransacrion of its business at Meeting of Gram Pan- least twicc illevery 1110nIIIat the office of the Cram Panchuyat or atsuch place within the local limits of the Gram Panchny.u concerned and at such time as the Subhnp.ui of the cliayats. Gr:1111Panchuy.u may decide. 7 (2) The Snbhuput imay, \\'henever herhinksfit,in the public inrerest or shal! upon rccci pl or awri Iten rcquisi lion 01'not less than one haIfof the tot,\I number of members of the Gram Punchayar or if directed by the Secretary of the Rurul Developmc-t Department or District Development Officer-cum-Panchayut Officer or the District Collector of (he concerned district, call aspecial meeting of the Gram Panchayat within a period or tell days lrom the dateof rccci pt of the rcqu isition or direction, asthe case may be: Provided that if the Subhnpnti fails to call such special meeting within the specified period from the date of receipt of thc.requixition or direction, as the case may be, the Sccrctnry ofthe Rural Development Department or District Development Officer- cum-Punchayat Officer or the District Collector of the concerned district may direct the Sachiva or any member of the Grum Panchayat to call such meeting at such time and at such place xvithinthe local limirs or the Gram Pnnchayu tconcerned asthe Snchiva or the member directed to call the meeting may, decide. (3) Two-third of the total number of members constituting the Gram Punchuyat shall form (t quorum for a meeting of tile Gram Panchayar: Provided that no C]UOrtll1lshnl l be necessary for an adjourned meeting. (4) The S:tbhnput ior in his absence, the Up-Snbhupari shall preside at the meeri ng of the Ur,llll Pnnchuynt ,\11(1in the absence of borh, the members present sl)(111elect one from amongst themselves to preside at lite meeting. (:'i) /\11qUc':;t!OI1Scorning before aGrunt Pnnchny.u xhull , unless otherwise spe- ciric:t\1y prov idee! under this Act be decided by amajori ty 01"votes of themember present ,ll1c!voting: Provided that in case of equality of votes the person presiding shall have a second or acasting vote. (6) No membershall vote on, and rake p.ut in the discussions of any question coming up for consideration at a meeting of a Gram Panchuyat if the question is one in which he has uny direct or indirect pecuniary interest other than an interest asamember of public. (7) If it appears to any member present at ameeting that the person presiding at the meeting has any such pecuniary interest in ,lny matter before the meeting for discussion or ,\n)' question coming lip for consider.uion asreferred to in sub-section (6) and amotion brought by him to that effect is carried, such aperson shall not preside at such meeting and shall nor take part therein, and for the purpose of.sub-section (4) such person shall be deemed to be absent during the discussions or consideration of the p.uriculur matter. Couside Fation i.l. No inaner (iIKC finally disposed ofbythe Gram Punchnynr shall be rcconsid- ofquestion dis- crcd byit within th. period ofsix months unless the recorded consent of not less than one- posed of by half of its totul number of members hns been obtained thereto. Gram Pan- cliayat. .1 't List ofbusiness 22. (1) A list of the business to be transnctcd at every meeting of aCram Panchayat ~ tohetransacted except at an adjourned meeting, shall be sent to'each member of the Gram Panchayar, atameeting. arlcast seven clays before the lime fixed for such Il1Geting 1I1le!110business shall bebrought before or transacted at any meeting, other than the business [or which notice has been so given except with the approval of the majority ofthe members present ar such meeting: Provided thur non-receipt of a notice by a member shull not vitiate the procccding« of the meeting: Provided Further th.u if the Snbhapari thinks thai a situation has arisen Ior which all emergent meeting of the Gram Punchuynt should 1)(:culled, he may call such meetingat such time and <Itsuch plncc withln the 10c,11limits or tile. Cram Panchay.it concerned ufter ensuring receipt of intimation of such emergency meeting by all 8 members. (2) The business of the Gram Punchaynt shall be transacted in the language commonly spoken and understood by the members. C-l) Minutes of the proceedings at each meeting of the Gram Panchayat shall be recorded in a book to be kept for this purpose and shall be read and signee! by the Sabhap.ui 01' the meeting before the meeting disperses. (4) ThcSachiva of the Gram Panchayut shall, within a week after a meeting of the Gram Pnnchayat isheld, send copies of minutes of every such meeting to the Secretary of the Rural Development Department and the District Development Officer-cum- Panchayat Officer of the concerned district. Powers and The Subhaputi shall- duties of (a) regulate the meetings of the Gram Pnnchnyar; Sabliapati. (b) be responsible Ior the maintenance of records and registers of tile Gram Pnnchayar; (c) exercise supervision and control over the acts clone and action taken by the members of the Gram Panchaynt and such officers and other employees whose services may be placed at the disposal of the Gram Panchuynt by the State Governm-: (d) operate jointly with the Snchiva of the Grum Punchnyat the fund' Gram Panchayat including aurhoris.uion of payment, issue of cheques and refunds: (e) issue receipts under his signature for money received byhim on behalf of the Gram Panchuynt; (I') C<IUSCpreparation of all statements and reports required by or under this Act; (g) exercise such other powers, perform such other functions ami discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the State Government may prescribe. Powers and 24. The Up-Subhup.iri shall- dillies of U{J- (a) in the absence of the Snbhnpnti rcgul.ue the meetings of the Gr,11l1 Snbiiapati, Pnnchay.u; (b) exercise such of thepowers and perform such other functions and discharge such of the duties 01't11eSubhnpari ,IS the Sabhupau may, ['10m time to time, delegate to him by order in writing: Provided 111<\tthe Subhapati may at any time withdraw all or ,111)'of the powers, functions and duties so delegated to the Up-Snbhapnri; (c) during the absence of the Subhupati, exercise all the powers, perform nil the functions and discharge all the duties 01'the Subhup.ui. Right of iudivi- 25. The Incmbcr of aGram Punchaya tat any of the meeting may.move resolution dual member. and put questions to the Snbhupnri or Up-Snbhupnti or the Sachivu, as the case may be, on matters COilncctcd wi: hthe admi nistration of the Gram Punchnynt or execution of any work or scheme undertaken by or entrusted to such Gram Pnnchaynr. Resignation of 26. (I) A Subhapnti or an Up-Snbhapnri or ,I member of a Gram Punchayat may Snbhap ati or 'resign i1i~;office by notifying in writing his intenrion to do so to the prescribed authority Up-Sabliap ati <111(1Oil such resignation being accepted theSabhapnti or the Up-Sablmpati or the member or member. skill vacate his office .ind the c,lsual vacancy shall he deemed to h,IVCoccurred in such ollicc': Provided that a person tcndering re,;igll<ltion 1Il,1)'withdraw his resignation before it is accepted by the prescribed authority. 0) Whcn the rcsign.uiou is accepted under sub-section (I), the prescribed i\uli1uriI.Y shnll communicate it to the members ofthe Gram Punchnyat within IIperiod of thirty chys 01' xuch :lcCCI)tiIIICC. Removal 'J/' Xi. :\ :·:,\I,II<lru1ior uu Up-S:lbklp;Jti or ,IGr.un Pnnchayut may, at any time I.• [)I,; SO/j/lOjJIIli and removed Ircm ollil'c hy a resolution ()r th~:(Jr:111lPunchnyat carried by the majority of Up-.';0I)1:0jJO!i. the members 01' the Crml1 P,II1C!t:lY;ltpresent ,n a IfI,:ct!ng specially convened for the 9 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 Sabhupnri from his office is under considcrnt ion: or (ii) the' Up-Sabhap.ui from his office is under consideration, heshall not, though prcsen t,preside atsuch meeting and the provisions of sub- section (4) or section 20 s!l~tll apply in relation to any such meeting as they apply in relation to itmeeting from which the Sabhnpnri or, ,1S the case may be, the Up-Sabhapnti, is abscn t. Filling o] ca- 28. (1) In the event of removal of a Snbhap.ui or an Up-Sabhapun under section 27 sualvacancy in or when avacancy occurs in the office of aSabhapari or nil Up-Subhnpnti by resignarion, the office of death or otherwise, the Gram Puuchaynt shall elect another Sabhapnti or Up-Sabhaputl Sabliap ati or and the person so elected shnll take office forthwith and shall hole! such office for the Up-Sobhapoti. unexpired term of office of his predecessor. (2) No person who Ius been removed from office under section 27 shall be eligible for re-election to the vacancy so caused. Removal of 2~). (1) The prescribed authority may, after giving :\1\ opportunity, to a member of a member of Gram Panchaynt to show cause :tg,tinst the action proposed to be taken against him, by .:.;;. Gram Pall- order remove Itim from office if- ch-iyat. (a) after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for aperiod of mort: than six months; or (b) he was disqualified to be a111CI11\)<o,f;}t'he Gram Punchuyat at the time of his election; or (c) he incurs any of the disqualifications mentioned in section 16, after his election ns a member of the Cram Punchuy.u; or CeI) he is absent from three consecutive meetings of the Gram Pnnchayat or without the lC;lvl: the Grum Punchuyur. (2) Any member of a Grum Panchayut 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, appeal to the Secretary to the Government of Sikkim in the Rural Development Depnrunen t who may stay the operation of the order tiII the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority nnd after giving the ~tppcllan tan opportun ityof being heard, modi Iy, set aside or confirm the order. Explanation :-For the purpose of this sub-section, the term "Secretary" will mean only the Sccircrary . .\ (3) Theorder passed by such authority on such appeal shall he final. Filling of ca- 30. (1) If the office of a member of a Gram Panchuyut becomes vacun t by reason of S!uil vacancy of his death, resignation, removal or otherwise, Stich vacancy shall be filledin by election me tnbc r of of another person under this Act. The person elected shall take office forthwith anc\ shall Gram Pall" hold such office Corthe unexpired term of office of his predecessor: chayat. Provided that no election for filling in of acasual 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 frOI11hi\; office under section 29 shall be eligiblc for re-election to the vacancy so causer! Sacliivu o] ~)1. (1) Every Grnrn Panchnynt shull,,ttits first meeting at which aquorum ispresent, Gram Pan- elect: one. of its members to be Suchivn of the.Cram Puuchayar: cltayat. Provided that no member who is 110table to rend or write any of the official lnnguagcs of the Stare shall be qualified to be elected as a Sachiva: Provided further that where no such person as referred to in the first proviso is availublc, the Gram Pnnchuyat \11,\)'appoint Punchnyut Assistant appointee! by the Secretary to the Government in the Rural Development Department to look after the works of S:\C.:hiv,l, 10 (2) The Sachivn or the Gram Panchuya: so elected or :IS il.e cnse may ')c, appointed shall assist the Subhnpari or the Up-Sabhapari, as the case may be, of the Gram Panchnyat in due muintcnance of the Gram Panchayat office :lnclfor proper org;ln isation and execution of rural development schemes and shall be directly answerable to the members of the Gram Panchnyat. (3) The Sachiva shall be in charge of office of theGram Panchuynt and shall exercise such powers and perform such other functions and discharge such other duties as the State Government may, by rules made inthis bcbnlfprescribe. (4) The term of office of tile Sachiva shall, subject to the prov isions of section 33 be co-terminus with the term of the Grum Punchnyut. Resignation of 32, A Sachivn of aGram Punchayat may resign his office by notifying in writing Sachiva. his intention to do so to the prescribed authority :\J1c1on such resignation being accepted the Snchiva 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 au- ~- thority shall communicate it to the members of the CiLlI1) Panchayat within a period of :1,i;W clays of such acceptance. Removal of 33. (I) A Suchiva may, at any time, be removed from office by a resolution of the Sacliiva. Gram Panchaynt carried by the majority of the members of the Gram Panchnyat 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 ofa Sachiva under sub-section (1) or when a vacancy occurs in the office of aSuchiva by resignation, death or otherwise, the Gram Panchayat shall elect one ofirs members to be the Sachivn and the person so elected shall take office forthwith and shall hole! 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. CHAPTER1V DUTIES OF GRAIVr P/I"NCHAYAT Obligatory du- 34, Subject to any general or special direction of the State Government, the duties ties of Gram of it Gram Punchayut shall be to provide within the area under its jurisdiction for- Pancliayat, (a) sanitation, conservancy and drainage and the prevention of public nul- sauce: (b) curative and preventive measures in respect of any infectious disease; (c) supply ofdrink ing water undrhe cleaning nne!disinfecting thesources 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; (0 .thc management of C0l111110ngrazing grounds, burning places and public gra veyards; (g) the supply of any local information which the District Collector or District Development Offlccr-cum-Punchnya: Officer 01' the Zilla Panchayat may re- quire, within tile limits of the jurisdiction of the CiI':UI1 Punchuyat; (\1) organising voluntary labour Cor community work and works for the uplifnnenr of its arcus: (1) con t1'01:ll\c1aclmi 11isrration 01'the era III Panchayat Fund establ ished under this Act: 11 Cj) the imposition, assessment and collection ofraxes, fees or rates leviable under th.i.sAct; (k) construction and maintenance of dharmasalax; (1) regulating pLlCCSfor the disposal of dead bodies and carcasses and other offensive marrers; (m)assisting the development of agriculture, forestry, animal husbandry, poul try, fisheries, village nnd cottage industries and co-operuti ve; (n) registering births, deaths and marriages andannually submitting such records to the Zilla Pauchnyar: (0) maiurcnance of such records relating to caule census, population census, crop.census aile! census of unemployed persons aile! such other statistics as may be required and .mnually submiuing such records to the Zilla Pnnchayar: (p) regulating inflow of animals within the :1I'C:t and their transfer: (q) destruction aile! disposal of ownerless and rabid clogs ane! disposal of unclaimed animals; (r) mnintcnnnce, upkeep nnd supervision 01' any building or other properly which may be entrusted to it by the Stale Government for management; (s) assisting the Zilla Panchayat in preparing development plan of its area; (t) rendering assistance incxtingusihing fire :ll\cl protecting life and property when fire occurs; (1I) ;\11)'other local work or serv ice of publicutiliiy which is Iikcly to promote the health, ('01111'0['(, convenience or m.uerial prosperity of the public not otherwise prov idee! for ill ih is ACI; (v) such other duties asmay be:entrusted to it by the State Government from time to time, Other duties 35, (l) A Grum Panchnyntshall also perform such other functions as the State Gov- (If' Gram Pan- ernment may assign to it in respect 01'- chayat. (a) primury, social, technical or vocational education: (b) rural dispensaries, health centres, maternity and chile! welfare centres; (c) minor irrig~llion;, (d) grow more food campaign; (e) of the infirm .md dcstirute; l:'IJ'C· (f) rchnbilitution ofdisplaced persons; (g) improved breed iug ofcattie, med realtreatment ofcnnle and prevention of callle diseases; (11) its acri ng 11Sachannel through which Government assistance should reach the residents of the Gmm; (i)hringing private waste land under cultivation; (j)proll1olion of plantarions IIIthe Gram; (k) <1rrangil1g for cultivation of land lying fallow; (I) :ilT:tnging for co-operative management-of resources of the Grain; (Ill) implementation of such schemes asmay be formulated or performance of such acts as m.1Y be entrusted to it l)y the State Government; (n)' fidel publicity of matters connected with development works and other wclfurc measures unc!er1:1k('1'1by the Stak Government; (0) regulatioll of' fairs, mclas, h.us and exhibition of localproduce and pro- or ducts l()c,llll'l!Ir.licrilft~; ,lnd home industries; (p) ns:;isling and ;1clvj::;illg111eresidents of rhcG ram in the mnuer 0['obtaining .: state 10:111and il~:disrribuuon and repayment; (q) assisting in the implementation oflaud reform measure ill its area; (I) 11l1~promotion und encou: a~('.ment or edncntion incl uding ndul t educu .. lion; (s) such other rllnnicl!l~; whIch the State Government may, from time to time, 12 by order in writing, entrust to such Gram Punchayar which in its opinion to promote directly orindirecrly the welfare of the public. (2) If the State Government isof opinion that aGram Punchayat hils persistently made default in the performance of any of the functions assigned to it under sub-section (1),the State Government may, after record: ngi tsreasons, withdraw such functions from such Gram Panchuyat. (3) Where the State Government assigns any functions to II Gram Panchaynt under sub-section (1),it shall place such funds at the disposal of the Gram Panchayat as may be determined by the State Government for the due performance of such function. CHAPTER V PROPERTY AND FUND Property and 36. All property within the limits of rhejurisdicrionof a Gram Punchayat other Fund of Gram than property maintnined by the Central or the State Government or a local authority or Panchayai. any other Gram Pnnchuyat shall vest in and belong to the Cram Panchayat and shall with all other property of whatsoever nature or kind which may become vested in the Gr~1.11 Pauchayar, be under its direction, management and control. Allocation of 37. (1) The State Government may allocate to aGram Panchayat any publicproperty properties to situarcd within its jurisdicrion, and thereupon such property shall vest in and come under Gram Pan- the control of the Gram Panchnyat.
Part document.segment-2
The SIKKIM PANCHAYAT ACT, 1993 — segment 2
- document.segment-2 Verify source ↗
The SIKKIM PANCHAYAT ACT, 1993 — segment 2
This segment sets rules for Gram Panchayats and Zilla Panchayats on property transfers, land acquisition, budgets, taxes/fees, funds, and audit compliance.
chayat, (2) No property vested in or belonging to aGram 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 properly, and upon such resumption, the property shall cease to vest in the Gram Punchaynr nne! shnll re-vestin the State Government. (4) No compensa tion orhcr.rhun the umoun tpaid by the Gram Panchayat for such transfer and the market value of any building or works erected or executed on such property by the Grum Pauchayat at the time of resumption Sll:111be payable. Any sum so received shall be credited to the Gram Pnnchayat fund. Acquisition of 38. Where a Grnm Panchnyat requires land for carrying out any of the purposes land for Gram of this Act, it may negotiate with the person or persons having interest in the said land, Panchayat. and ifit fails to reach an agreemcnt,it may make an application to the District Collector for the acquisition of the land, who may, if he is satisfied ihnt 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 Pancliayar. Gram POIl- 39. (1) For every Gram Panchayat there shall be constituted aGram Panchnyat Fund chayat Fund. beariug the name of Gram Panchayat 011 the basis of the review and recommendations made by the SUIte Finance Commission and there shall be placed to the credit thereof- (a) conui burions and g1'<IIHSi,f any, made by the Cen trul or the SrareGovern- men t; (b) contributions and grunts, if <In)',made by "Zilla Panchayat or any other local authority; (c) loans, if ail)', guuued by the Central Government or the Stare Govern- mcnr; or CeI) ull receipts on :ICCOUlits taxes, rates and fees levied by the Gram P~\I1c.11y<aIt; (e) all slims received by way of gift or contribution; (0 all other slims received by or on behalf 0[' the (;1',\111Panchnyar; 13 (g) such percentage of the land revenue collected by it as may be determined by the State Govcmment. (2) . Every Gram Panchnyat shall set apart and apply annually such sum as may be required to meet the cost of its adminlstrntion including ullowanc'es payable to the mcm bers, (3) Every Gram Panchayat shall have the power to spend such sums as the State Government may, by order, specify for carrying out the purposes of this Act. (4) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance to the credit of the Fund sha]! be kept in such custody as the State Government may direct. (5) Subject to such general control as the Gram Panchayat may exercise from time to time, all orders and cheques for payment from the Gram Panchnyat Fund shall be signed by the Snbhapati or in his absence by the Up-Subhapari, Levy of taxes, 40. (1) Subject to the rates which may be fixed by the State Government, a Gram rates andfees. Panchayat may levy the following taxes, rates nud fees, namely :- (a) a UIXon fairs, mclns, hats and other entertainments; (b) a g~'lh_'I',dsanitation tax for the construction or maintenance or both the construction ami 111:1'1111l'11:InoCfepublic latrines and for the removal and disposal of refuse; (c) a wall'!' 1',I(ewhere arrangcmenrs 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 Panchayatagcncy; (f) a fee for grazing cattle on grazing lands vestedin a Gram Panchayat; - (g) a fee on the registration of animals sole! in any market or place belonging I I to or under the control of the Gr:lI11Pnnchaynt; (h) a market fee on persons exposing goods for sale in any market or on any place or any building or structure therein belonging to or under the control of the Gram Panchayat; (I) a fee for the use of Dharmnsalas and camping grounds; (j) a fee for drainage where system of drainage has been introduced by the Gram Panchaynt; (k) a temporary tax for special works of public utility; (I) a tax on houses. (2) The Gram Panchuyat shall not levy taxes, ratesor fees referred to in sub- section (1) if such taxes, rates or fees have already been levied by any other authority under any law for the time being in force or by any other local authority. Power of State 41. (I) The State Government may,ii1 the manner speci fiedi n the notification, Government to regulate the imposition, assessment and collection of taxes, rates and fees under regulate taxes, section 40. rates aile!fees. (2) Subject to the provisions of thisAct orrules made thereunder, no person shall object respect of his liability to any assessment made or tax imposed under this Act. ill Appeo! against 42. An appeal ngninst tile levy of any tax, rate or fee under section 40 may be taxation, fees preferred to the prescribed authority in such mariner and within such time as may be and rates. prescribed and the decision of such authority shall be final. Recovery of 43. Any arrear of tax, rate or fee levied under section 40 shall be recoverable as arrears. arrears of land revenue orpublic demand jf the Gram Panchnyat passes a resolutjon to that effect and communicates it to the District Collector. .i / I 14 Action by Dis- 44. (1) The District Collector, on receipt of such communication of the slim ;co- trict Collector. vcrable under sect ion 43 and on being satisfied wi th the demand, shall proceed torecover jt. (:2) Any sum so recoveree! shall be sent to the Gram Panchayat ,lne! shall be credited to the Cram Pancnayar Fund. .Power of State 45. (1) If on acomplaint made to it or otherwise it appears to the SUIte Government Government in. that any tax, rate or fee levied byaGram Panchayat isexcessive, it may, after calling for regard to relief areport from the Gram Panchayat ill this regard, abolish, suspend or reduce the amount in taxes, rates of any such tax, rate or fee, and fees. (2) The SUIte Government may, on its own motion or otherwise after giving the Gram Panchayat an opportunity 01' expressing its view in the mnuer, by order, exempt from the payment of allY tax in whole or in part- (a) any person class or persons: or 01' (b) any property or description of properties; subject to such conditions :ISmay be specified in such order. Budgct ofGrani 46. (I) Every Gram Punchuyut shall, at such time and in such manner as may be Pancliayat. prescribed, prepare euch year a budget of its estimated receipts and disburscmenrsfor the following year and shall submit the budget to the State Government for approval through the Zilla Panchaynt of the District concerned. (2) No expenditure shall be incurred unless the budget is approved by the State Government. Supplementary 47. A Gram Panchnyut may prepare in each year supplementary estimate provi- Budget. ding 1'01'<In)'mod ificnrion of it~;budget and submi tit to the SUIteGovernment for approval through the Zilla Panchayat of the District concerned within such time and in such manner as may be prescribed. Accounts and 48. (1) Accounts of receipt and expenditure of every Gram Panchayat shall be Audit. malnrnincdin such forms and 'in such manner asmay be prescribed. (2) All Officer not below the rank of Chief Accounts Officer of the Sikkim Stare Finance and Accounts Service appointed by the Stale Government shall audit the accounts of the Cram Pnnchuy.u as soon as may be after the end of each financial year in the manner provided under Chapter IX of this Act. CHAPTER VI CONSTITUTION OF ZILLA PANellA YAT ZillaPanchayat 49. '(1) POI' every district the State Government shall, by notificntion constitute a and its consti- Zilla Pnnchayat bearing the name 01' the district. tution. (2) For the purpose of electing members ns referred to in sub-section (1), the State Government may, by notification, divide the district into teuitorial constituencies and determine the number or members to be elected from each such constituency: Provided that thenumber ofmembers tobe electedin each constituency shall, asfar as pracricr ble, bein the same proportion to the total number of persons to be elected for tile Zilla Panchayut as the population of the constituency bears to the total population of the Zilla Panchuyat area. Composition of 50. (1) /\ Zilla Pnnchnyar shall, subject: to the provisions of sub-section (4), consist the Zilla ran- of the following members, !1<lli1ely:- chayat. (a) c!ircct I)'elected members from the terri torialcons tituencics in the clistrict; (b) Sabhapatis of the Gram Panchnyms within the district; (c) Members or both the Houses 01'Pari iamen tand the Legislative Assembly of the State elected from a constituency comprising the district or any pan thereof. . (2) Each constituency will elect one or more members through direct election in s;lch manner as may be prescribed. (3) The term of office of the members of Zill:t Panchay.u shall, subject to tile 15 provisions of section 64, be co-terminus with the term of the Zilla Panchnyat. (:1) The State Government shn.l, by notification, reserve seats for the Scheduled Castes nnd the Scheduled Tribes in every Zilla Panchnyat and the number of seats so reserved shall bear, asnearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Panchnyat ~ISthe population of the Scheduled Castes in rhut Pnnchuy.u area 01' of the Scheduled Tribes in that Panchayat urea bears to the total populnuon of thur arc.: ,\IIc! such seats shnll be alloued by rotation to different constituencies in a Zilla Panchayut in such manner as may be prescribed. (5) Not icss than one third of the total number of scats reserved under sub-section (4) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Schedu led Tribes. (6) Not less than one-third (including the number of seats reserved for women belong: ng to the Schedu led Castes and the Scheduled Tribes) of the total number of seats to be filled up by direct election inever)' Zilla Panchayat shall be reserved for women nnd such SC:lt';may be allotted by rota lion to different constituencies in a Zilla Punchuyat in such m<l1111CI'~ISmil)' be prescribed, 'iicorp oratio 11 51. (I) Every Zi ll.: Panchnyar shall be abody corpora Iehnving perpetual succession oI Zilla Pall- und acommon seal nncl shall by its corporate name sue and be sued. chayat, (2) ;\ Zilla Panchnyu: shull have power to acquire, hold and dispose of property and to enter into contract: Provided ihnt in all cases of acquisition or disposal of immovable property, the Zill~1 Punchnyat shall obtain the previous approval of the State Government. D'uration of 52. (1) Every Zilla Pnnchnyar, save asotherwise provided in this Act, shall continue Zilla Pan- for five years from the date appointed for its first meeting and no longer. cliayats. (2) No umendrnent of any law for the time being in force. shull have the effect of causing dissolution 01'aZilLI Punchayut, which is funcuoningimmcdinrely before such amendment, till the expiration of its duration specified in sub-section (1). (3) An election toconstitute aZilla Pnnchayat shall be completed - (a) before the expiry of its duration specified ill sub-section (1); (b) i11case of dissolu rion, before the expi rurion of aperiod of six months from the elate of such dissolution: Provided that where the remainder of the period for which the dissol veelZilla Punchnyat would have continued i:, less than six months, it shall be not necessary to hold <Inyelection under this clause for constituting the Zilla Panchnyat for such period. (11) A Zilla Panchuynt constituted upon the dissolution of a Zilla Punchaynt before the expiration 01' its duration shall continue only for (he remainder of the period for which the dissolved Zilla Punchny.u would huveconriuucd undersub-section (1) hac! it not been so dissolvcd. (5) \Vhell ,Inew Zilla Panchayat is thus duly consritured the old Zilla Panchayat shall stand dissolved. Dlsqualijica- 53. The prov isions of section 16 relating to e!isqual ificarion of members of Gram [ion of mCIIl- Panchayat shall, muuuis-uurrandis be applicable to the elected members of the Zilla .:to bers of ZiLla Panchayar ulso. Panchayat. Ad/zaks/zya 54. (1) Every Zilla Pnnchayat shall, at its first meeting at which aquorum is present, (/nd Up- elect ill such mariner ~ISthe State. Government may, by notification specify, one of its Adhakshyn: members to be the Adhukshy» (\nd unother member to be Up-AcI'lwksliy(\ of the Zi lln Pan- chaynt: Provided that the members referred to in clause (c) of sub-section (1) 91' section 50 shall not be eligible for such election, nor shall (hey 11,I\'eany voting right thereof. (2) The SI,lle Government shall, by notific.uion, reserve- ]G (a) such number of offices of Adhukshya and Up-Adhakshya of Zilla 1:.11- chayut in the Slate for the persons belonging to the Scheduled Castes ai1cithe Scheduled Tribes and the numbers of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as thepopulation of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State; (b) not less than one-third of the total number of offices of Adhakshya and Up-Adhakshyn in the State from each category reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes and those which are non-reserved, for women: Provided that the Offices reserved under this sub-section shall be allotted by rotation to different Zilla Panchaynt. Expltnuttion :- For the removal of doubts it is hereby declared that the principle ofrorarion for the purposes of reservation of offices under this sub-section shall commence from the first election to be held after the commencement of this Act. (3) The Adhakshya and Up-Adhakshya shall, subject to the provisions of section 64 and to their continuing as members, hold office for a period of five years. (4) When- (a) the office of the Adhakshya falls vacant by reason of death, resignntio» , removal or otherwise; or (b) the Adhakshya is, by reason of leave, illness or other cause, temporarily~ unable to act, the Up-Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Adhakshya until anew Adhnkshyais elected ~\nclassumes office or until the Adhakshya resumes his duties, as the case may be. (5) When - (a) the office of the Up-Adhakshya falls vacant by reason of death, resigna- tion, removal or otherwise; or (b) the Up-Adhakshyn is, by reason of leave, illness or other cause, tempo- rarily unable to act, the Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Up-Adhukshya until a new Up-Adhakshya is elected and assumes office or until the Up-Adhukshya resumes his duties, as the case may be. (6) \Vhen the offices of the Adhnkshya and the Up-Adhnkshya are both vacant or the Adhakshya and the Up-Adhukshya arc rempornrily unable to act, tile prescribed authority may appoint an Adhakshya and an Up-Adhakshya from among the members of the Zilla Pnnchaynt to act as such until an Adhakshya or an Up-Adhakshyu are elected and :\SSUl1leoffice or resume his duties ,as the case may be. Notification of 55. Every election or nomination of an Adhakshya, an Up-Adhakshya and election, nomi- members of aZiila Panchayat shall be published bythe State Government by notification nation, etc. and such persons shall enter upon their respective offices from the elate of such publication. First meeting 56. (1) Notwithstanding any vacancy in the membership of the Zilla Punchayat, the of the Zilla prescribed authority shall as soon may be (but before the expiration of thirty days from Pancliayat. the date of public.uion of the notification under section 55) cull ameeting of the members ofa Zilla Panchnyat 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 Panchaynt and may be convened by the prescribed authority in such manner as may be prescribed. Meeting ofZilla 57. (1) Every Zillu Pnnchayar shall hole! a meeting for transaction of ib business Pancluiyat. atleust once in every three months at the office 01' the Zilla Panchnyar or at such place within the local limits or rhe district concerned and at such time as the Adhakshyn of the Zilla Panchuyar may Iix. (2) The Adhnkshya may, whenever he thinks fit in the public interest or shall 17 upon a written requisition of not less than one half of the total number of members of the Zilla Panchayut or if directed by the Secretary to the Government in the Rural Develop- ment Department cull a special meeting of the Zilln Panchayat withinaperiod of ten days from the elate of receipt of the requisition or direction, as the case may be : Provided that if the Aclhakshya fails to call such special meeting within the specified peri\,ci from the elate of receipt of requisition or direction, as the case maybe, the Secretary to the Government in (he Rural Development Department may call such meeting which shall be held at such lime and in such place within the local limits of the district concerned as he may fix. (3) Two-third of the total number of members shall form aquorum for ameeting of the Zilla Pnnchayar: Provided that no quorum shall be necessary for an adjourned meeting. (4) The Adhakshya or in his absence, the Up-Adhakshya shall preside at the meeting of the Zilla Panchaynt and in the absence of both, the members present shall elect one member from amongst themselves to preside at the meeting. (5) All questions coming before aZilla Panchaynr shall, unless otherwise specifi- cally provided under this Act, be decided by amajority of votes of tile members present and voting: Provided that in case of equality of votes the person presiding shall have a second or casting vote. (6) No member shall vote on, and take part, in the discussion of any question comi ng up for consideration at ameeting ofZi lla Panchuyut ifthe questionis one in which he h:1Sany direct or indirect pecuniary interest other than an interest as amember of the public. (7) Ifit appeurs to any member present at a meeting that the person presiding at the meeting has any such pccuniaryiureresrin :my matter before the meeting for discussion or any question coming lip for consideration as referred loin sub-section (6) and a motion brought by him to that effectis carried, such a person shall not preside at such meeting and shall not take part therein, and for the purposes of sub-section (4) such person shall be deemed to be absent during the discussion or consideration of the particul ar matter. Reconsidera- SR. No subject once finally disposed of by the Zilla Panchuyat shall be reconsi- tion of ques- dered by it within six months unless the recorded consent of not less than one half of tions disposed members has been obtained therefor. ojby Zilla Pall- chayat. Listofbusiness 59. (I) A Iist or the business to be rrunsnctcd at every meeu ng of a Zilla Pnnchayat tobetransacted except at an adjourned meeting, shall be sent to each member or the Zilla Punchuyat at at ameeting. least seven days before the time fixed for such meering and no business shall be brought before or transacted at any meeting other thuu 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 nns arisen for which an emergent meeting of the Zilla Pnnchnyat should be called, he may call such meeting after giving three clays notice to the members: Provided also that not more than one matter shall be included in the list of business to be rrunsacted at the meeting culled under the second proviso. (2) The business ofthe Zilla Panchnyat shall be transacted in the language spoken and understood by the members. (3) Minutes or the proceedings of each meeting of the Zilla Punchayat shall be recorded in a book to be kept Corthis purpose and shal! be read out and signee! by the It; Adhakshy» of [he meeting before the meeting disperses. (4) The Sachiva of a Zilla Panchaynr shall, within a week after meeting of the Zilla Panchuyat sene! copies or minutes of every such meeting to the District Develop- ment Officcr-cum-Panchnyat Officer and the Secretary. Powers and 60, The Adhakshya shall- duties of (:I) regulate the meetings of the Zilla Panchayat; Adhakshya. (b) be responsible for the mainrenance of record and registers of the Zilla Pnnchnyat; (c) exercise supervision and control over the act clone and action taken bythe members of the Zilla Pnnchayat and such officers and such other employees whose services may be placed at the disposal of the Zilla Panchayat by (he State Government; (eI) operate jointly with the Sachiva of the Zilla Panchayat the Fund of the Zilla Panchayat including ruuhorisation of payment and refunds; (e) cause to issue receipts under his signature or signature of Sachivu for sums of money received by him for and on behalf of the Zilla Panchayat; (1') 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 duricx as the Zilla Pnnchnynt may, by gencrnl or special resolution.direct or as the Sl~\te Government mny, by order specify: Provided thur the Adhukshyu shall nor exercise such powers, perform such functions or discharge such duties :\s may be required by tile rules made under this Act to be exercised, performed or discharged by the Zilla Punchayut at a meeting. Powc rs anti 61. The Up-Adhnkshy» shall - duties of Up- C:\) ill the absence of the Adhak shya, preside over und regulate the meetings /vdhakshya. of the Zilla Punchuyat ; eb) exercise such of the powers, perform such of the functions and discharge such of the duties of the Adhukshya :ISthe Arlhnkshya Illay, from time to time, delegate to him by order ill writing: Provided ihur the Adhukshyn 111:\)a't all)' time withdraw all or any of the powers, functions and duties so deleg.ued to the Upndhukshyn: (c) durin gthe absence of tile /\c1hakshya, excrci se~\llthepowers, perform a!I the functions and dischargeall the duties or the Adhakshyn. Right of indivi- 62. At :llllceti!lg of a Zilla Panclwy:tl,:1 member may move ~\nyresolution and dual members. put questions to thl' ;\clh:lksI!Y:l 01' Upndhnk shya, as the case may be, oumarters connected with llit:. administration of Zilla Puuchnyur or execution of rural works or schemes entrll~;tt'd to or unde nnken by Stich Zilla Panchuyar. Resignation of 03. (J) All /\di::\k~;hya, or un Up-Adhnkshyn or amember of aZillc) Punchayat may Adlw/(sllya or resign his office by notifying in '.'.'riting his intemion to do so to the prescribed authority Up-A dhakshy« and 01; such resig.uuion being accepted ItJ(~ l\cllwL;hy;) Of the Upodhakshya or the ora member. member shill vacnte his office ~ii1c1cusua! vacancy slul! be deemed to h:1VG occurred in ~u'~h office: Provided that H person tendering l'esiglHllionmay withdraw his rcsignnrlon before iris accepted. (2) \Vhen tile: re,;igll(l\iOllis accepted uudoisub-sccricn ~l), the prescribed authority shall communicate it to the members of the ZiJlaPanchayat withi'1 thirty cby:; of such acceptance Removal of 6!L {l) f\li /\d!wk',hY:l 01' ;\11 Up-Adliaksbya may, at :my tiri1l.:, be removed from Adll(lks.hyn cnt! office by ;iresolution of the Zill:! P:lIlCJi:lyat P:l';<;ed hy the majority of the members uf ,t Up-,AdlwksilJ'(I, \11<.X~i)laP,IIICh:lY:lt present ;iild \'o(ing ni ll'l'C!ing~pccially (:OJ1vClh:,:dfor thepurpose. Notice of SU(;I: >fleeting ;;Idl he giVl':Jl to IjIC prescribed authority- F'l'ovickd (11(11 a11)' Slid) mcci in:; ,.,..hi!e jl:\s;;i ng ,u::y resolution for the removal irf. 19 (i) the Adhakshya from his office is under consideration; or (ii) the Up-Adhakshya from his office is under consideration, be 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. Filling of ca- 65. In the event of removal of an Adhukshya or an Up-Adhakshya under section sual vacancy 64 or when a vacancy occurs in the office of the Adhakshya or Up-Adhakshya by in the office of resignation, dea thor otherwise, the Zilla Panchuynt shall elect another Adhukshya orUp- Adhakshya or Adhakshya, as the case may be. The person soelected shall take office forthwith and shall Up-Adhak- hole! office for the unexpired term.of office of his predecessor. shya. Remov al of 66. (1) The prescribed uurhority may, after giving opportunity to amember ofa Zilla member of Panchayct other than a member specified ,ul1c1erclause Cc) of sub-section (1) of section Panchayat. 50 to xhow cause against the action proposed to be taken against him, by order, remove him from office if- (a) after his election heis convicted by a criminal court of an offence involving moral turpitude and punishable withimprisonmenr for aperiod of more than six months; or (b) he was disqualified to be a member of the Zilla Pnnchayut at the time of his election; or (c) he incurs any of the disqual ificnrions speci fied insection 16except clnuscst e) and (f) after his election (ISa member of the Zilla Panchnyat ;or (d) he is absent from three consecutive meetings of the Zilla Panchaynt without the leave of the Zilln Punchayat provided he is not an ex-officio member of the Zilla Panchaynt under clause (c) of sub-section (1) of section 50. (2) Any member of a Zilla Panchayat who is removed from his office by the prescribed authority under sub-section (1) may, within thirty clays from the dare of tile order, nppeal io tile Secretary to the Government in the Rural Development Department, who mnystay tileoperation of the orderri IIthe disposnl of tile appeal and may, after givi ng notice of the uppcnl 10 the prescribed aurhority and after giving the appellant an opportunity of being heard, modify, set aside or confirm tile order. Bxp/u//{{/ioll:- For the purpose of tlli~;sub-section, the term "Secretary" will mean only the Secretary. (3) The order passed by such authority 011such appeal shall be final. (4) If a member of a Zilla Punchuyut referred to in clause (c) of sub-section (1) of section SO ceases to be the member of the Purliumcnr or as the case may be, member of the Legislative Assembly of the State, he shall cease 10 be the member of the Zilla ..• y.P~lnclwynt nnd ihe new Iyelected person shall become the member of the Zilla Panchayat. ,1 Filling c1' cas- (,7. (I) lf the office 01'a member 01'a Zilla Panchayat becomes vacant by reason of 110 1 vacancy r.;f' his death, resignation, removal or otherwise, such vacancy shall be fi'llecl in by election elected mem- of another pcrson Linder this Act. The person so elected shall take office forthwith and ber of Zilla shall hold such office for the unexpired term of office of his predecessor : Paucliayat. Provided that no election for filling in of acasual vacancy shall be held if the vacancy OCClII'Swithin 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 GG shall be eligible for re-election to the V,lC,lI1C),so cnuscd. Sachiva oj'Zilla 6g. (I) There shall be a Suchiva for a Zilla Panchayat appointed by the State Panchayat. Goverumcnt on xucl: tCl'Il1S'In(1conditions ,ISmay be prescribed. 20 (2) The Sachivu shall have authority to supervise all records of every (, am Panchayat falling under the jurisdiction of a Zilla Panchayat of a concerned district. (3) The Sachiva shall be in charge of the,office of tile Zilla Panchayat and shall discharge such duties and perform such functions as may beprescribed. CirAPTER vn PO"vVEHS AND DUTIES OF ZILLA Pf\NCIIAYAT Obligatory du- 69. (1) Subject to any general or special directions of the State Government, a Zilla ties of Zilla Panchayat shall have power in respect of - ~ Pancliayai. (a) regulating melas or hats within its locnl limits; (b) construction andmaintenance ofPanchayat 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; CeI) regulating supply of water for irrigation or drinking water supply schemes constructed by the Government and entrusted toit for maintenance and repairs; (e) regulating, maintaining and developing of lands vestedin it by the State Government; (1') orgunising plnnrntion programme in the public land, road sicks and such other places as may be specified for promotion of social forestry and environmental conservation and maintaining and regulating of such forests: . (g) establishing andmaintaining primary schools und organising adult cdu- cation centres; (h) establishing health centres und maternity and chile! welfare centres; (i) managing elf' maintaining all)' -vorks of public utility cine! adopting measures for the relief of distress; (j) preparing plans for all round devetoprnent of the district <Iller obtaining previous approval of the State Government and with Sl!c11 technical a~;:"i:;t:tn:.:e~\Smay be made available by the State Govemmcnr; (k) co-ordinating and integruung the development p!:,ms;,\11(\ schemes pre- pared by Gran'! Panchayats within its jurisdiction: (I)fulfi [ling any other obligmicn iLlposccll":.1or under this Act or hI' any other law for the time being inforce or by general or special Ol.,lt:l of the State Government in this behalf. Other duties of 70. (1) Subject tosuch condition asmay b,-~imposed bythe State Government. aZilla' Zilla Pan- Panchayut may, if the State Government so directs make provisions for- chayat. (a) the promotion of opportunity of employment through community farm .. ing by organisi:lg model agriculture or dairy farms anel 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 unci encamping grounds; (e) rendering assistance inextinguishing fire and protecting life and property when fire occurs; (f) assisting in the prevention of burglary and ducoity; (g) the promotion of socio-culturnl and communal harmony; (h) the promotion of agriculture ane! allied activities connected with it ; (i) any other local work or service of public utility which is likely to promote 21 the health, comfort, convenience or material prosperity of the public not otherwise provided for in this Act. ~2) Where the State Government directs aZilla Panchayat to make provision for any of the items enumerated in sub-section (1), it shall place such funds at the disposal of the Zilla Panchayat as may be determined by the State Government for the purpose. (3) A Zilla Panchnyat shall have the power to advise the State Government on all matters relating to all round development of rural areas. (4) Notwithstanding anything in sub-section (1), a Zilla Panchayat shall not undertake or execute any scheme confined to a Cram unless tile implementation of such a scheme is beyond the competence of the Gram Panchayat concerned financially or otherwise. In the latter case the Zilla Panchayat may execute the scheme itself or entrust its execution to the Gram Panchayat and gi.ve such assistance as may be required: Provided that a Zilla Panchayat shall undertake or execute any scheme if it extends to more than one Gram. Joint execution 71. The Zilla Pnnchayars of two or more adjacent districts may jointl y undertake of schemes by and execute at common cost any development schemes or project on such terms and two or more conditions as may be agreed upon, and in case of any difference as to the interpretation Zilla Pan- of such terms and conditions the matter shall be referred to the State Government whose chayats. decision shall be final. Power of su- 72. A Zilla Panchayat shall exercise.general powers of supervision over Gr~\Il1 pervislon by Panchayats in the district and it shall be the duty of Gram Panchayat to give effect to any Zilla Pall- direction of the Zilla Punchayat on matters of policy or planning for development. cliayat over Gram Pan- cliayats. CHAPTER VIn PROPERTY AND FUND OF ZILLA PANCHAYAT Works CO/l- 73. All roads, buildings or other works constructed by a Zilla Punchaynt with its structed by a own funds shall vest in it. Zilla Pan- cliayat to vest in it. Allocation of 74. (1) The State Government may allocate to aZilla Panchayat any public property properties to of whatsoever nature or kind situated within its local limits, and thereupon, such property Zilla Pal1- shall vest in and come under the control of the Zilla Panchayar. chayat. (2) No property vested in or belonging to a Zilla Pnnchayat shall be transferred by way of sale, gift, mortgage, exchange or lease without the previous sanction of the State Government, 0) Where the State Government is of opinion that any property vested in or belonging to a Zilla Pnnchnynt 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 Panchuyat and shall re-yes! in the State Government. (4) No compensation other than the amount paid by the Zilla Panchynt for such transfer and the market value of any building or works erected or executed on such property by the Zilla Panchayar at the time of such resumption shall be payable. Any sum so received shall be credited to Ih;; Zilla Panchayat Fund. Acquisition of 75. Where aZilla Punchayat requires land for carrying out any of the purposes of land for Zilla this Act, it may negotiate with the person or persons having interest in the said land, and Panchayat. if it fails to reach an agreement it may make an application to the District Collector for 22 the acquisition of the land, who may.Ifhe is satisfied that tile land isrequired fora pl. .lic purpose, take steps to acquire the land under the provisions of the Sikkim Land (Requisition and Acquisition) Act, 1977. Zilla Pan- 76. (1) For every Zilla Panchnyat there shnl] be constituted a Zilla Panchayat Fund cliayat Fund. bearing the name of the Zilla Panchayar :\11e!there shall be placed to the credit thereof- (a) contribution und grants, if any, made by tile Central or the State Govern- ment including such portion of !ane.!revenue collected within its jurisdiction as may be determined by the State Government; (b) contribution and grants, if any, made by any other local authority; (c) 10;I11S,if any, granted by the Central or State Government; Cel)proceeds of collection of revenues in respect of schemes, projects and other properties undertaken or vested in the Zilla Panchayut by the Government at such rates aS111'1Ybe determined by the State Government; (e) such rates, fees, taxes, as may be imposed and reulised under the provisions of this Act; (1') such sums received from the Government for fulfilling duties and obliga- tions entrusred ro tile Zilla Panchayat by tile SUIte Government; (g) all other SUJiflsreceived by or on behalf of the Zilla Panchayat. (2) Every Zilla 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 Zilla Panchayat shall have the power to spend such slims as the Stare Government may, by order, specify for carrying out the purposes of this Act. (4) The Zilla Panchaynr Fund shall be vested ill the Zill;1 Pnnchayat and the amou ntSI;1ne!ing to the cred itorrhe Fund shnIIbe kept ins uch cus rody or invested in~such manner as rhe SUIte Government m<lY, from time to time, direct. (5)' Notwi thsl,II~e!ing anything conrui nee!incla use (d) of sect ionoO but SlI bjcct to such general control [IS the Zilla Punchnyat may exercise from time to time, orders and cheques for payment from the Zilla Panchayar Fund shall be signee! by the Sachivu. Imposition of 77. (1) Subject to the;maximum rates which may be fixed by the State Government, taxes, rates and a Zilla Pnnchayat may levy following taxes, rates and fees, namely ;- fees. (a) :itax on fairs, melas and other-entertainments; (b) a general sanitation tax for the construction. maintenance, or both the construction and maintenance of public latrines and for the removal and disposal of refuse; (c) a water rate where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Panchayat within its jurisdiction: (d) a fee for temporary erection on, or putting up projections over, or temporary occupation of any village road or place; (e) a Ice on private latrines, premises or compounds cleaned by the Zilla Panchayat agency; (f) a fee for grazing caule on the grazing lands vested in a Zilla Panchayar: (g) a Ice on the regisrr.uion of ani mnlxsolei ill any market or place belonging to under thecontrol or the ZilLt Panchuyur: OJ" (h) a market fee on persons exposing goods Ior sale ill ;II1Y market or at any place or in any building or structure therein belonging to or under the control of the Zilla Pauchayar; (i) a fee for the use of dhamrnasalas, rest houses, slaughter houses nncl encamping grounds; (j) a Ice for drainage where system of drainage has been introduced by the Zilla Panchayat: (k) a temporary tax for spcciai works of public utility. (2) The Zill,1 Panchuyur shall not levy tuxes, rates or fees.referred to in sub- 23 section (1) if such taxes, rates or fees have already been levied by the State Government or nny other authority under any law for the time being in force or by any other local authority nuthorised by the SUIte Government. Power of State 7R. (1) The Stare Government 111"y make rules to regulate the impos'ition, assessment Government to to, and collection of taxes, rates and fees under section 77. regulate taxes. (2) Subject to the provisions of this Act or rules made thereunder, no person shall object in respect of his liability to any assessment mack or tax imposed under this Act. , Appeal against 79, An appeal against any tax, rare orfee under section 77may be preferred to the taxation, rate prescribed authority in such maimer and within such time as may be p-rescribed and the orfee. decision of such authority shall be final. Recovery of 80. Any arrcur of tax, rate or feeimposed under section 80 shall be recoverable arrears. as arrears of land revenue or public demand if the Zilla Panchayat passes aresolution to that effect and communicates it to the District Collector. Action by Dis- 81. (1) The District Collector on receipt or communication under section 77 and on ., trict Collector. being satisfied with the demand shall proceed to recover it. (2) Any sum so recoveree! shall be sent tile Zilla Panchayat ane! shall be (0, credited to the Zilla Panchayat fund. Power of State 82. (1) 11'on a complai ntmade to it or otherwise, it appears to the State Government Government in thnt any tax, r~\teor fee imposed by a Zilla I'anchayat.js excessive, it may, after calling regard to relief a report from the Zilla Panchnyat in this regard, abolish or suspend or reduce the amount in taxes, rates of any tax, rate or fee, ,ISthe else may be. and fees. (2) The Stale Government may, on its own motion or otherwise after giving the Zilla Pnnchuyut ~111 opportunity of expressing its view in the matter, by order, exempt- (a) any person or class of persons; or (b) any property or description of properties, from the payment of whole or part of any tax, rate or fees subject to such conditions as may be specified in such order. Budget of Zilla 83. (1)' Every Zilla Panchuyat shall at such time and in such manner as may be Panchayat. prescribed, prepare ineach year abudget of its estimated receipts and expenditure for the next finaucialyear and submit it to the State Government for approval. (2) No expenditure shall be incurrer" unless the budget is approved by the State Governmen t. Supplementary g4. 1\Zilla Pnnchayar may prepare ineach year supplementary estimates provid- Budget. ing for any modification ~f its budget and submit itto the State Government for approval within such time and in such manner as may be prescribed. A CCOI uits. 85. A Zilla Panchayat shall keep such accounts in such manner as may be prescribed. CIIAPTER IX or .AUDIT ACCOUNT OF CRAM AND ZILLA PANCHAYAT FUNDS Aiulit of ac- go. The accounts 0[' the runt! 0[' a Gram Panchaynt or Zilla Panchnyat shall be counts offund. CXHl11i ncd ;\nd nud ileelby an nud ilor appoi nrcd uudc:' sub-section (:2)of section Ligat such place and in such manner as may be prescribed. Submission of 87. The Sabhnpati or, asthecase may be, lhe Adhaksliyn shall produce, or cause accounts to to be produced to the auditor ~\11such accounts of the Fund of the Gram Punchayat or the audit, Zilla Pnncbayu: concerned as may be required by the auditor. POlv,crs of Au- gg. For the purposes or an audit under this Act :111 auditor may- ditor. (u) require in writing the production before him of any document or the. supply 0[' any information which he considers to be necessary for the proper conduct oi the audit; (L)) require in writing the personn: ,\ppcarance before him of any person 24 accountable for, or having the custody or control of, any such document, or having, directly or indirectly, whether by himself or his partner, any share or .interest in any contract made with, by or behalf of, the members of the Gram Panchayat or the Zilla 011 Panchayat concerned; (c) req uire any person so appearing before him tomake nnd sign adeclaration in respect of any such document or to answer nnyquestion or prepare and submit any statement; (d) in the event of an explanation being required from the Adhakshyn or other member of the Zilla Panchayat, in writing, invite such person to meet him, and shall, in writing, specify the point on which the explanation is required. Penalty. 89. . 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 acourt, be.punishable with afine. which may extend to two thousand rupees in respect of each item included in the requisition. IIudit Report. 90. (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 Sabhnpari, the !\clhakshya, the case may be, of the Grum Pnnchayat or the Zilla .IS ._-» Panchayat and to the State Government. (2) The auditor shnll append 10 his report a statement showing- (a) the grants-in-aid recei ved by the Gram Punchayars or the Zilla Pamchayat and the expenditure. incurred therefrom; (b) any material impropriety or irregularity which he may observe in the expenditure or in the recovery of money clue to the Gram Panchayats or the Zilla Panchaynt or in the account of the Gram Panchayats, or the Zilla Pnnchayat Fund; (c) )IIlY loss or wastage of money or other property owned by or vested in the Gram Panchuyat or the Zilla Panchayar. Action on audit 91. (1) With in two months from the elate of recei ptof the report referred to ill section report. 90, the Gram Panchayat or the Zilla Pnnchayat concerned shall, at a meeting, remove or cause to be removed any defect or irregularity pointed outin the report and shall also inform the auditor of the action taken by it. The Gram Panchnyat or the Zilla Punchayat 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 isreceived by the auditor from the Gram Panchuyat or the ZillaPanchayatconcerned or if rhereasons 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 the State Government within such time ane!in such manner as the State (0 Government may prescribe. (3) On receipt of the report under sub-section (2), it shall be competent for the State Government to pass such orders thereon as it may think fit. The orders of the State Government shall, save as provided in sections 92 and 93 be final and the Gr,1111 Punchnyat or the Zilla Panchayat concerned shall take action in accordance- with such orders. (4) If the Gram Panchayat or the Zilla Panchayat concerned fails to comply with the order within the period specified therein, the State Government may empower any officer of the State Government to carry out the order. (5) The officer empowered under sub-section (4) shall, for the purpose of carrying out the order, exercise any of the powers which might have been exercised by the Gram Panchayat or Zilla Punchayat concerned. Power of audi- 92. (1) The aiditor, after giving the person concerned an opportunity to submit an tor to sur- explanation within a time to be specified by him and after considering such explanation, charge etc. shall disallow every item of account contrary tolaw and surcharge the same on the person 'Y "',) making orauthorixing ihe making 0[' the illegal payments, and shall charge against allY .person responsible for the amounr of any loss incurred by the neligcnce or misconduct of that person, and shall, in every such case, certify the amounts due from such person: Provided that the Auditor may ill his discretion waive the surcharge or charge in cases where thcumount involved does not exceed fifty rupees, (2) For the purposes of this section any member of Gram Panchayar or Zilla Panchuyar. as the case may be, who is present atameeting atwhich amotion orresolution is passed uuthorising any expenditure which is subsequently disallowed under sub- section (1) orauthorising any action which results ill allY such expenditure, shall be deemed to be a person authorising such expenditure if dissent is not recorded in the proceedings. All such persons shall be held jointly and severally liable for such expen- diture. (3) The Auditor shall record in writing his reasons for every disallowance, surcharge and charge made under sub-section (1) and shall, in such manner as may be prescribed.send acertificate of the amount clueand acopy of the reasons for his decision to the person ill respect of whom the certificate is made, and shall also furnish copies thereof LO the Subhapati or Adhakshyn, as the case may be, and the State Government. (1\) Tile Stale Government may, (')1'its own motion and within one year from the rccci pt by ilof Ihe copy ofthe certificate, set aside or modify any disallowance, surcharge or charge and any certificate in respect thereof made by the auditor. . Appeal. 93.
Part document.segment-3
The SIKKIM PANCHAYAT ACT, 1993 — segment 3
- document.segment-3 Verify source ↗
The SIKKIM PANCHAYAT ACT, 1993 — segment 3
This provision covers panchayat finance, supervision, elections, disputes, penalties, and State Government powers.
(1) /vny person 1'1'011w1hom .\1\)' sum has been certified b)' the auditor to beclue under sccton 911\lay, within thirty clays 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 und the Slate 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 .uuhorising 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 rh.u such person voted for the resolution or motion in good faith. Payment of 94, (1) The sum certified by the auditor to be due from any person under section 92 certified slims. or when an appeal ismadeundersu b-section (1)of section 93,suchsum asmay beordered by the State'.Government to be due from such personshall, within two months ofthe date . ofcertification, ororder, as the case may be, be paid by such person tothe Gram Panchayat or the Zilla Panchaynt concerned which shall credit the slim to the Fund of the Gram Panchayat or the Zilla Punchayar concerned. (2) Any sum not paid in accordance with the provisions of sub-section (1) shall berecoverable as arrears of lane! revenue if tlie Gram Panchayut or the Zilla Panchayat, asthe cast' may, passes a resolution lOrhat effect .md communicates il to the District Collector. (3) The District Collector 011 receipt of such communication LInder sub-section (2) ane!on being satisfied with the demand, shall proceed to recover it soon as may be :IS and the sum so recoveree! by him shall be sent to the (Jr,\J1)Panchuyut or Zilla Punchayat concerned and the same shall be credited to the Fund of the Gram Punchayat and or the Zilla Palolc!wyat concerned. Certain costs 95, (I) All expenses incurred by the Gram Panchayat or the Zilla Panchayat con- and expenses ccrned jn complying with any requisition of the auditor under section 88 and in payable out of prosecuting an offender under section 89 shall be paid from the Fund of the Gram Funds. Panchayat or the Zilla Punchayat concerned, (2) All expenses incurred by the District Collector in connection with the pro- ceedings for recovery of any slim under sub-section (3) of section 94 from a person, if not recoveree! from the person, shnl.ibe paid from the Fund of the Gram Panchay!H or the Zilla Panchayat concerned, CHAPTER X CONSTITUTION OF THE STATE FINANCE COMMISSION "Definition. 96. 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. - Qualifications 97. The Chairman of tile Commission shall be selected from among persons . for appointment who have had experience in public affairs of the State and the two other members as and the man- shall be selectee! from among persons who- ner of selection (a) arc, or have been or are qualified to be appointed as Judges of aHigh oj members 0/ Court: or Commission. (bjhave special knowledge of the finances and accounts of the State Government; or (c) have lweiwiele experience illfinancial matrers and in administration; or ( (d) have special knowledge of economics. Personal inter- 98. Before appointing a person to be a member of the Commission, the esttodisqualiD' Governor shall satisfy himself that the person will have.no such financial or other members. interest as is likely to affect prejudicially his 'funcrions 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. Disqualifica- 99. A person shall be disqualified for being appointed as or for being a tion/or being a member of the Commission if he - member of the (a) is of unsound mind; Commission. Cb) is an undischarged insolvent; (c) h:ls been convicted of an offence involving moral turpitude; (eI) has such financial or other interest as is likely to affect prejudicially his functions as amember of the Commission. Term o] ofjicc 100. Every member of the Commission shall hold office for such period as of the members may be specified in the order of the Governor appointing him, but shall be eligible and eligibility Iur re-appointment: for re-appoint Provided that he may, by a letter addressed to the Governor, resign his meut. olfice. Condition of 101. The members of the Commission shall render whole-rime or part-time service and service to the Commission as the Governor m.iy ineach else specify, and there shall salaries and be paid tothe members of the Commission such salaries ane!such allowances as may allowances of be prescribed. . 'I members. Procedure and 102. The Conrmission skill determine their procedure and in the perform- POIVcrS of tlu: :1J1Ceoftheir function shall have (Illthe pOWCI·Sofn Civil COLIrtunder tile Code of sot Commission. Civil Procedure, 1c)()S while tryill!; a suit ill respect of the following matters, 1908 n~\me]y:- (a) summoning and enforcing the atrend.mcc of witnesses: (b) requiring the production 01" <In)'documents; (c) requisitioning public record from any COLIrtor office. (lilY (d) such other powers as may be prescribed 27 CHAPTER XI STATE ELECTION COI\'ll\1ISSlON Constitution of 103. (1) The superintendence, direction and control of the preparation of elec- State Election toral rolls for and conduct of, all elections to the Gram Panchayat and Zilla Commission. Panchnyat shall be vested in the State Election Commission consisting of aState Election Commissioner to be appointed by the Governor. (2) The cond ilions of service and tenure of office of the State Election Com- missioner shall be such as the Governor may by rule, determine: Provided that the SUIte Election Commissioner shall not be removed from his office except in like manner anci on the like grounds as aJudge of aHigh Court and the conditions of service of the Stale Election Commissioner shall not be varied to his disadvanrnge after hls appointmcnr. (3) The Governor shall, when so requested by the State Election Commis- sion, make avuiluble to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on it under sub-section (1). xu CIIAPTER IVIrSCELLA NEO US Oath of of- 104. Every mcm bel' 01' aGrum P:\nchuyat or 01'Zi Ilu h\ nchay.u other than a or [irmation. member referred to in CI:lllSC (c) sub-section (I) 01' section SOshal: before taking his office make and subscribe before such authority ,ISmay bespecified by the State GOVCI'Il111elltill this behalf an o.uh or nffirmation uccording to the Form set out for the purposein the Schedule. Validatioll. 105. No net or proceeding of a Gram Panchayut or Zilla Panchayat shall be deemed to beinvalid merely byreason ofrhe exisrence ofany vacancy in the Gram Punchaynt or Zi lln Panchuyat, ,ISthe case may be, or any defect or irregularityin the constitution thereof. Members and 106. /\11members, officers and employees of the Gram Pnnchnynt and Zilla officers and Panchayat shal! be deemed when acting 01' purporting to act in pursuance of the employees tobe discharge of their duties, or ill the exercise of their powers under this Act or under public scr- the rules mack thereunder, to be public servants within the meaning of section 21 5of vants. of the Indian Penal Cocie. 1860 .---.~-. Indemnity. 107. No suitor other legal proceedings shall Iie ,lg:li nst aGram Panchnyat or Zilla Panchayur or against allY member thereof or <lnyofficer or any employee for ,lnything in good faith clone or inrendcd io be clone in pursuance of this Act 01' any rules ninde thereunder. Reference of 10S. If any dispute arises between two or more Grum Panchayat, within the dispute. jurisdiction of the same Zilla Pnnnhuyur, it shall be referred to the Zilla Panchayat concerned by any parry to the dispute and the decision of the Zilla Panchayat thereon shall be final. (2) If any dispu te arises- (a) between aGram Panchayat within adistrict on the one side and the Zilla Pnnchayat of the same district on the other; or (b) between two or more Zilla Punchnyats; or (c) between one or more Gram Panchayars inone district 011tile one side and one or more Cram Punchayuts ill nnother district 011 the other; or (d) between one or more Gram Punchuyats ill one disrrict 011the one side and the Zilla Panchayut or another district 011 the other; such dispute shall be referred to the State Govcrument by any party to the dispute. and the decision of the State Government thereon shall be fined. Inspection, 109. (1) The State Government shall empower the Sccrcrnry to the Government in the Rural Development Department aile! 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 Panchayars, (2) Ail officer so empowered to inspect or superintend. lite works of a Gram Panchayat Zilla Panchayut may at any time- 0'1' (arinspect orcause tobe lnspecred any immovable property used oroccupied by the GI~111lPanchaynt or Zilla Pnnchnyat or any work In progress under the direction of Gram Panchayat or Zilla Panchayat; (b) inspect or examine any work or thing under the control of the Gram Panchaynt or Zilla Panchayat; (c) require, for the purposes of inspection or examination, the Gram Pan- chayat- (i) to produce any book, record, correspondence, plan or other document; or (ii) to furnish any return, plan, estimate, statement, accounts or statistics; or (iii) to furnish or obtain any report or information. (3) When an inspecrionof aGram Panchuyat or Zilla Pnnchayat is undertaken by any officer referred to in sub-section (1), areport of such inspection shall be submitted by such officer the State Government as soon as possible but not beyond a period of ~..... [0 . thirty clays after the date of completion of inspection. Power of State 110. (1) The State Government may, by order in writing, rescind any resolution Government to passed by a GrnmPanchayat orZilla Pnnchayar, if in its opinion such resolution- rescind or .I'US- (a) has not been legally passed; or pend resolution (b) is in excess or abuse of the powers conferred by or under this Act or any of a Gram Pan- rules made thereunder; or chayat or Zilla • (c) is likely to cause, ifexecuted, danger to human life, health, or safety or is Panchayat, likely to lead to breach of the peace. (2) The State Government shall, before laking any action under sub-section (1) give the Gram Panclrayat orZilla Pnnchnyat concerned nnopportunity of making anyrep- resenration :lg,liJls~ the proposed order. Power of State Ill. AI)), officer of the State Government nurhorised by the State Government in GovernmelH this behalf, shall be entitled to attend meetings of the Gram Panchayat or the Zilla officers to at- Panchayat, as the case may be, for the purpose of furnishilli:;, facts, information and tend meetings . technical advice but shall not be entitled to vote at any such meeting. . Direction by 112. In the discharge of their functions the GI,\ln1Panchayat and the Zilla Pan- Slate Govern .. chayat shall be guided by such instructions or directions as may be given to them by the ment. State Government from time to rimein conformity with the provisions of this Act.. Power to re- 1]3. (1) The State Government may, notwithstanding anything contained in sub- moveSabha- section (2) of section 17; sub-section (4) of section 31 and sub-section (2) of section 54, pat i , Up - by an order in writing remove with effect from a elate to be specified in the order any Sabliapati or- Sabhapati or Up-Sabhapari or any Sachivu of Gram Pnnchayat, any Adhakshaya OrUp- " l.l Sachiva , of Adhukshya of Zilla Panchayar from his office, if in its opinion, he wilfully omits or Gram Pan- refuses to carry out the provisions of this Act or of any rules or orders made thereunder cluryat and or abuses the powers vested in him under this Act. Adliaksliya or (2) The State Government shall, before making any order under sub-section (1), Up-Adhaksliya give to the person concerned an opportunity of making a representation against the ., of Zilla Pan- proposed order. chayat. Power of State 114. If, in the opinion of the State Government, any Gram Panchayat or Zilla Government to Panchayat- supersede a .(u) has shown its incompetence to perform or has persistently made default 29 C-am Pan- in the performance of the dutiesimposed on it by or under this Act or any other cliayat or Zilla law; or Panchayat. (b) has exceeded or abused its powers, the State Government may; by order, to be published jn the Official Gazette stating the reasons therefor, supersede the Gram Panchayat or Zilla Panchayat, as the case may be, and direct that it be reconstituted within such period not exceeding the maximum period of one year as may be specified in the orders: Provided that the Slate Government shall, before making any order give the Gram Panchaynt or the Zilla Panchayat, asthe case may be, anopportunity .: of making arepresentation against the proposed order, Consequences 115. (I) When an order of supersession has been passed under section 114 then of superses- with effect from the clare of the order- sion. en) all the members of the Gram Pauchayat or the Zilla Panchayat, as the case may be, shall vacate their offices; (b) allthe powers.du ties and functions which, under the provisions of this Act or any rule made thereunder orany law for the time being in force may beexercised, dischargco or performed by the Gram Pnnchayut or Zilla Panchnyat, as the case may be,shall be exercised, discharged or performed by suchauthority; person or persons as may be appointed by the State Government in this behalf; (c) all properties vested in the Gram Panchnyut orZilla Punchayat, as the case mily be, shall remain vcsrcdin the Stille Government until the reconsti- tution of such Gram Panchnyat or Zilla Pnnchayur. (2) On the reconstitution ofrhe Gram Panchayat.orZilla Panchayat, as the case may be, the authority, person or persons appointed under clause (b) of sub- section (I) shall cease to exercise his functions. Effect of elec- 116. If a.Subhnputi or an Up-Snbhapari, or Sachivu or a member of itGram tion of a mem- Panchayut or an Adhakshya or ,1nUp-Adhakshya or member of Zilla Panchayat ber of Gran! becomes a member of either house of Parliament or a member of Leg-islative Pancliayat to Assembly, he shall be deemed to have vacated his office as Sabhapati or Up- Houses of Par- Sabhapati or Suchiva or member of a Gram Panchaynt or Adhnkshya or Up- liatnent or- Adhnkshynor member of aZilla Panchayat, as the case may be, with effect from /legislative As- the date of his becoming such member and a casual vacancy shall be deemed to scmbly. have occurred in such .office. Electoral OF 117. Any act of commission or omission which is an electoral offence in fences. relation to elections to the Legislative Assembly under Chapter VII of the Repre- 43 of sentarion ofthe Peoples Act, 1951 or under any Inwfor the time beingin force shall 1-951 be deerucd to be an electoral offence in relation to the elections to the Gram Panchayats under t'ilis Act. Requisition of 118. The State Governmentshull have the same powers in the matter of. premises, ve- requisition of premises, vehiclesand animals for the purpose of the conduct of hicles, etc. for elections to the Gram Panchnyats as in the case of elections to the Legislative election pur- Assembly. -poses. Application/or 119. (l) The election of a person HS a member of it Gram Panchayat or Zilla questioning the Panchayar shall not becalledin -question except by an application presented to election. such nuthoriry within such time ~1J1din suchmanner as may be prescribed on the ground that- (~l)the election has not been a free election by reason that the corrupt practice of bribery or under influence has extensively prevailed at the election; or (b) that the result of the elect-ion hns becnmarerially affected- (i) by the improper nccepiunce or rejection {Ifany nomination; 30 (ii) by gross failure to comply with the provisions of this Act or the rules fr: ncd thereunder. (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- (A) an)' gift, offer or promise by acnndidate or by any other person with the connivance of acandidate of any gratification toany person whomsoever, with the object, directly or indirectly of inducing- (a). a person to stand or not to stand as, or to withdraw from being a candidate at ,\I1y election; or (b) an elector to vote or refrain from voting ar an ejection; or as ureward to- Ci) a person for having stood or not stood or having withdrawn his candidature, or (ii) an elector for having voted or refrainedfrom voting. (13)Undueinfluence, tlrut is to say, any direct or indirect interference or attempt to interfere on the part of acandidate or 0·1'any othe- person with the connivance of the candidate with till: free exercise of any electoral right: Provided ih.u without prejudice to tile generality of the provisions of this clause any such person as is referred to therein who- (i) threatens ;111)' candidate, or ,In)' elector, or :lny person in whom acandidate or any elector is interested, with injury of any kind including social ostracism and ex-commu- nication or expulsion from allY caste or community ; or (ii) induces or attempts to induce acundidure or an elector to believe that he or any person in whom he is interested will become or will be rendered object of clivine displeasure or spiritual censure, shall be deemed to interfere .wirh the free exercise of the electoral righ t of such cnndidure or elector within the meuning of this clause. n) The: npplicurion under sub-section (1) may be presented by any candidate at the election or any elector and slwB contain such pnrticulurs as l1:ay be prescribed. Explanation :-Any person who filed a nomination paper at the election whether such nomination paper W:IS accepted or rejected, shull be deemed to be a candidate at the election. (4) The-authority to whom the upplicnrion under sub-section (1) is made shall, or- in the matter e:l) hearing of the application and the procedure to be followed at such hearing; (b) sl':tting aside the election or declaring the election to be void or declaring appl icnnt to bc till Iy cleered ora ny other relief th,1rmuy be grunted to the peritioncr, have such powers and authority \IS muy be prescribed. (5) The order passed by tile authority upon all application under sub-section (1) shall be fiunl and conclusive and shall not be questioned in anycivil court. (6) Notwithstanding anything in this Act, the validity of any 1:IWrelating to the delimitation of wards in aGram or territorial constituencies of aZilla Panchaynt or the allotment of scats to such wards in such Gram or Zilla made or purportingto be.made LInder article 2c13K of the Constitution of Indi n, shall not be called in question inany Court. . Decision Oil 120. lf any question arises us to whether a person has become subject to any question as to clisqual ificutiou.thc C]uestion shall bereferred to Ihe prcscri bed aurhoriry for his decision disqu alifica- 'and his decision shall, subject to the result or any appe,II ,.I,.S may be prescribed, be final: . tion. Provided that 110 order shull k·P'\\\L'c.\unclcr this section unless the person so dixqua lificd is giwn:lll opportunity (>I !":i,,.!.' !',::Irci -. E III c r g.el: t 121. III the event of an outbreak I<I .. :. ':"·1<101" any .orhcr, water borne infectious power Oil out- disease ill all)' locality siiuurcd within Ille IUl·,ti limu s 01· the jurisdiction of a Gram break of cpl- .Panchayat ora Zilla Panchayar, the S;lbh,qJ<lti or Up-Subhapau of aGrnm Panchayut or 31 _ d;-nic. Adhakshaya or an Up-Adhakshya of a Zilla Pnnchayat may, during the continuance of the outbreak, wi thour 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. Report on the 122. The Cram Panchnyat or Zilla Panchaynt concerned shall prepare ane!submit work of Gram annually areport on work clone cluring the prev ious year and the work proposed to be clone Panchayat or' during the following year to the prescribed authority within such period as may be Zilla Pall- specified by the State Government. cliayat. Placing of ser- 123. The Slate Government may, by notification, place at the disposal of a Gram vices of Go- Panchny.u or Zilla Punchayut services of xuch officers or other employees serving under vernrnent em- it on such terms and conditions as may be fixed by the State Government: ployees at the Provid •,.d. that the Suue Government shall have disciplinary control over such disposal of a officers and employees. Grain Pan- eliayat ()r a Zilla Pan- /wyat. 'ower to settle 12.:1. (1) Where parties to a dispute appronch the Gram Panchnyat or as the case may disputes. be, the Zilla Pnnchayat for settlement of dispute, then the Gram Panchayat or the Zilla Panchayut 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 aGram Panchnyat, or as the case may be, thc Zilla Panchayar may take cognizance may be 1.\ dispute relating to- (~I)irrigation channel in the Gram; (b) cattle trespass; (c) d.unuges of crops caused by cattle trespass; (eI) g,\l1lbling; (c) encroachment of one's land by another: (I) theft 01' property where. the vnlue of such property docs not exceed five hundred rupees: :1I1d (g) such other peuy Iumily und social disputes. Delegation. 125. The Slate. Government may, by notification, delegate, subject to such conditions as it m.iy specify, all or any of itspowers under thisAct except the power under section 130 to any person or authority subordinure to it. Allowa nces to 126. The members of the Gram Panchuyat or the Zilla Panchuynt shall be entitled members. to such siltling allowances fur unending meetings of the Gram Panchayat or the Zilla Panchny.u and ll·avclling allowances that may time to time be fixed by the State \, 1'1'011\ Government: Provided th.u such silting allowances ,\Ile! travelling allowances arc' paid from the Gram Panchaynt Fund 01' Zi.II~1Panch.iyat Fund. Constitution of 127. (I) The St,IIC GOVClllJ11CIllxhnll constitute in every district a Committee-called District Plan tile District Planning Committee. fling Commit- (2) The District Planning Commirtce shall consist of the following members, tee... ' namely> or (n) /\IiL,\kshya the Zilla 1\\nc11<1Y,ll, (b) r\'kll1l)(:I·.~ofthe Lcgislruivc Assembly ofnll the Assembly Constituencies comprised ill llll: DislI'iCl, (c) :-;I))':mtx'rs of Zilla Punchuyut besides tile Adhakshyu which shall include one from N:Ig:lI Panchay.u, 32 (d) :1'1economist/Senior adminisrraror appointee! by the State Govcrnm, .it, (e) District Collector, (0the District Development Officer-cum-Panchuyat Officer who shall be the Member Secretary. (3) The Adhakshya of the Zilla Panchnyat shall be the Chairman of the District Planning Committee. (4) TheDistrict Planning Committee shall consolidate the plans prepared by the Gram Panchayats, the Zilla Panchayat and the Nagar Pnnchayurs in the district and prepare a draft development plan for the district as a whole. (5) Every District Planning Committee shall, illpreparing the draft development i. plan ;- (a) have regard to- (i) the matters of common interest between the Zilla Punchaynrs, Gram Panchayat and Nagar Panchayatsin the district including spatial planning, sharing of water and other physical and natural resources, the integrareddcvelopment of infrastructures and environmental conservations; (ii) the extent.and type of available resources whether financial or otherwise; (b) consult such institutions andorganisntions as the State Government may by order specify. (6) The Chairman of tile District Planning Committee shall forward the develop- ment plau, as recommended by the Committee to the Stale Government. Penalty. 1n. (l ) Any person who soon after the expiry of his term or resigning fr01111heoffice or removal from the office of Subhapati orUp-Sabhnpari or Sachiva of Gram Panchayat 01'Adhakshya or Up-Adhukshya 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 Panchayar or ZillaPanchayar, 'IS the case may be, which are in his possession or control, to his successor- in-office, shall conviction, be punished with ~1fine which may extend Oil to five hundred rupees and in the case of acontinuing failure or contravention with an additional finewhich.may extend to fifty rupees for everyday after the first conviction during which he has persisted in tile failure or conrravenrion. (2) Any person who wilIu11)1obstructs any member or-office bearer or servant of all Gram Panchaya tor aZilla Panchuyur, as the case may be, in the discharge of hisduties or any thing which he is empowered to do shall, 011conviction, be punished with a fine which may extend to five. hundred rupees .. (3) Any person required by this Act or rules made thereunder to fun-ish any informarion fails to furnish such information or knowingly furnishes wrong information shall, on conviction, be punished witha fine which may extend to five hundred rupees. (4) Any person who contravenes the provisions of this Act or rules made thereunder for which-no penally is provided for under this Act shall be punishable with imprisonment for aterm which may extend to six months or with fine which may extend to two hundred rupees, or with both. Election not to 129. No person shall contest the election to any Panchayatwith the support, direct be contested or indirect, of any political party. witltthc support of political party. Powerto make 130. (l) Thc-St,\te Govcrnment-mny, by nori ficntiori, illake rules for carrying out the rules. purposes of this Act. (2) In panicular and wilhclllt prejudice 10the generality of the foregoing power, such rules may provide for nIl or (t'ny of the following matters, namely ;- (i) the manner of convening and conducting the meeting of Gram Sabha; (ii) mannerof election of Sabhup.tti and Up-Sabhapnri of Grain Pnnchayat under 33 sub-section (1) 0('section 17; (iii) m,lI:ner in which meeting of Gram Panchnyat shall be convened under sub section (2) of sectiou.I O; (iv) powers, functions and duties of Sabhnpari of Gram Panchnyut; (v) power, functions and duties of Sachiva of Gram Pnnchnyur; (vi) mariner in which and time within which an appeal may be made tinder section ':12; (vi i) manner in which and time within which the Budget shall be prepared by Gram Panchaynt under section 46; (viii) manner in which and time within which the supplementary Budget shall be \1 submitted tinder section 47; (ix) manner in which accounts shall be kept by Gram Pnnchayat; (x) terms.and conditions of appointment of Sachiva of Zilla Panchnyat: (xi) duties and functions of Suchiva of Zilla Panchayar; (xii) manner-in which and time within which appeal may be made under section 79; (xiii) 1111\I1n('rin which and time within which the Budgetshall be prepared by Zilla Pnnchuyat under sub-section (1) of section 83; (xiv) il1:1I111erin which and time within which, supplementary Budget shall be submitted under section 84; (xv) manner in which accounts shall be kept by Zilla Panchnyar: (xvi)manner in which, time within which, place whereon and the extent to which accounts of the Gram Panchnyat and Zilla Punchaynr xhall be examined and audited; (xviijmanner in which and time within which the matter sha-ll be referred to the State Government under sub-section (2) of section 91; (xvii i) mnnncr in ,which a certificate of the al110UIlt dlie and ilcopy of reasons thereof shall be sent under sub-section (3) of section 92; (xix) manner of superintendence, direction and control and (he conduct of election of members of Gram Pnnchaynt; (xx) manner in which, time within which and the authority to whom the application for questioning the election shall be presented under sub-section (1) of section 119; (xxi) particulars to be furnished under sub-section (3) of section 119; (xxii) powers andnuthority that shall be exercised by the authority under sub-section (4) of section 119; (xxiii) any other matters which are to be and may be, prescribed. Power to re- 131. If any difficulty arises in giving effect to the provisions of this Act, the State move difficul- Government may take such steps or issue such orders noti nconsisrent with the provisions ties. 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 ora period of two years 1'1'0111the dare of COml11CllCCl11cnlof this Act. Rep tal and 132. 011 and from the date of commencement of this Act, the Srkkim Panchayat - Saviigs. Act, 19&2 shall stand repealed and all assets and liabilities of the Gram Panchaynrs constituted under the repealed Act, 1982 shall stand repealed and all assets and liabilities of the Gram Panchayuts or Zilla Punchnynrs constituted under the repealed Act shall continue to vest ill the respective Gram or Zilla Panchnyut, as the case may be: Provided that such repeal shall not effect- (:1)the continuance of the existing Gram Panchayut or the Zilla Pnnchayat as the case may be, by virtue of the operation of the proviso to Article 243 N of the Constitution; or (b) the previous opernrionof the repealed Act or anything duly clone or suffered thereunder; (c) any right, privilege, obligation or liability .cquired, accrued or incurred under the repealed Act; or (d) any penalty, forfeiture or punishment incurredin respect of-any offence committed ag~\III:,l the repealed I\C!; or (c) any investigation, legal proceeding or remedy ill respect of any such right, privilege, oblig.uion, liability, penalty, forfeiture orpunishment as aforesaid; and (f) any such invcsrigarion, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishmentmay be imposed asif this Act hac! not been passed: , Provided further that subjecr to the preceding provision anything done or any action taken (including any appointment or deleg.uion madc, notification, notice, order, instructions or direction issued, rule, regulation.form or scheme framed, certificate obtai ncd, pcrmi tor Iiccnce gran red, tax imposed or fee or rates lev ied) under the repealed Act shall, in so far as it isin force immediately beforecommencement of this Act and is not inconsistent with the provisions of this Act be deemed to have been clone or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless nnduntil they are repealed or amended or suspended. TIrE: SCIIEDULE Form of o.uh or uffirmnrion to be made by a member of a Gram Panchayar or a Zilla Panchuyat. (See Scction lO-l) / or v 1,1\.13" having been elected ;1member Gi'H11lPunchnyar/Zilln Panchayat do swear in thename of God or solemnly affirmthat 1will bear true faith aile!allegiance to the Constitution ofIndiu as by law established, nnd that Ishall faithfully discharge the duties upon which I;1111about to enter. 13YOrder of the Governor, ( B.R. Prudhun) ,J or Secrer;ny to the C;\lll'lnI11Cnl Sikkin: Law j'\:p:\rll11cnt. r.No.1 (i (269)LD/93 SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORIlY ----------------~-------------------------------~--- Gangtok Wednesday, 29th November, 1995 No. 194 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK 1· NO. 10/LO(1995. Dated: Gangtok, the 20th November. 1995. l The following Act of the Sikkim Legislative Assembly Secretariat having received .the assent of the Governor on llth day of October, 1995 is hereby published for general information :- THE SlKKIM PANCHAYAT (AMENDMENT) ACT, 1995 (ACT NO. 10 OF 1995) AN ACT b to amend theSikkim Panchayat Act, 1993 ~ Be itenacted by the Legislature of Sikkim in the Forty-Sixth Year of the Republic of India as follows.- • Short title l, (1) This Act may becalled the Sikkim Panehayat (Amendment) Act, 1995. and Comm- cncement (2) It shall come into force at once. Amendment 2. In section 12of the Sikkim Panchayat Act, 1993 (hereinafter referred to as ofSection 11 the principal Act), in sub section (1) the following proviso shall be inserted, namely:- "Provided however, that in the caseofthe two villagesof Lachen and Lachung in the North District of the State, the areas comprised in the two vill- ages shall be deemed to be the Grams for the purpose of section 3 of the Act I and the traditional institutions of Dzurnsas existing in these:two villages for many centuries shall be deemed to be Gram Panchayat constituted under this section. " Amendment 3. In section l3of the principal Act, of section 13 (i) in sub-section (1) the following proviso shall be inserted narnely- "Provided. however, that no person whose name does not appear in the electoral roll pertaining to the area comprised in the C,ram as indicated above shall beeli- gible to context the election fur such G.ram Panchayat." ,) (ii) in sub-section (5), for the words "as may be-prescribed." the words "as the State Government may, bynotification, from time to time specify" shall be sub, stitued ; (iii) after sub-section (5),the following sub-section shill! be inserted, namely} "(5a) The State Government shall, by notification, reserve such num- ber of seats which as nearly as may be one-third of the total number of seats of the Gram Panchayat for the: persons belonging to the Backwad Classes"; (iv) in sub-section (7), for the words "as may be prescribed", the words "as the State Government may, by notification, from time to time. specify" shall be sub- stituted. 2 Amendment 4. In section 17of the principal ~ct,- of section !1(i) in sub-section (2), after claJ.lh~,(a), the following clause shall be inserted, namely} ';- , "(aa) such number of a'fflet'S of Sabhapati and Ur-sabhapati of Gram Pancha- yats which shall as nearly aamay be one-third 0 the total number of offices of Sabhapati and Up-Sabhapati in the State-for the persons belonging to the Back- ward Classes"; (lh in sub-section (2), in the proviso to clause (b). for words "as may be presc- ribed", the words "as the State Government may, by notification, from time to time, specify" shall be substituted. Amendment 5· In section 27of the principal Act, for the words "by the majority of the ofs~ctio.~,27members of the, Gram Panchayat present," the words "by the the two-third ma- jority of the mem bers of the Gram Panchayat" shall be substituted. Amendment 6. In section 34 of the principal Act, in clause (v), for the words "as may be of section H entrusted to it by the State Government from time to time", the words "not enu- merated specifically in the'above clauses but enumerated in the Eleventh Schedule to the Constitution" shall be substituted, AD,1~nn~etit7, In section 49 ofthe principal Act, in sub-section (2), after the existing proviso, of section 49 the followmg proviso shall be insertcd r- "Provided further that if a person i, elected to One or more. seats in a Gram Pan- chayat and or a seat ill a Zilla Panchayat thrn, unless within the prescribed time he resigns all but one of the seats by writing under his hand addressed to the State Election Commissioner, one but all seats in the Gram Panchayat or a seat or seats in the Gram Panchayat, as the case may be shall become vacant." Amendment 8. In section 50 of the principal Act,- ofsection so (a) in sub section (J),- (i) for clause (a), the following clause shall be substitued, namely» "(a) directly electec members from amongst those whose names are included in th> electoral roll of the Sikkim Legislative Assembly for the time being in force pertainiug 10 th ; area comprised in the respective territorial constituency of the rlistr}q; " (ii) tor clause (b), the following clause shall be substituted, namely i- "(b) Twenty per cent of the Sabhapatis ofthe GramPanchayats within the dis- trict by rotation annually to be specified by the State Government by notification ;" (iii) in clause (e), after the word "and" and before the word "the" the words. "twenty per cent of the members of" and after the word "thereof and' before the' full stop the '\ords "by rotation annually to be specified by the State Govern- ment by notifica tion" shall be inserted; (b) in sub section (4), for the words, "as may be, prescribed" the words ••as the Slate Government may, by notification, from time to time, spe- cify" shall be substituted, (c) after sub-section (4), the following sub-section shall be inserted, namely ;- "(4a) The State Government shall, by notification, reserve such number of seats which shall as neurly as may be one-third of the total number of seats in . , a Zilla Panchayat for the persons belonging to the Backward Classes;" (d) in sub-section (6). for the words "as may be prescribed", the words "as the State Government may, by notification, from time 10 time, specify" shall be substituted. Amendment 9. In section 54 of the principal Act, - of section (i) [or sub-sectionr l), the Iollowing sub-section shall be substituted, narnely i- Sf "The directly elected members of everv Zilla Panchayat shall, al its first meeting at which a quorum is present, elect in such manner as may be prescribed, from among themselves one of thc directly elected members to be the Adhakshya and another to be the Up-Adhakshyaof the Zilla Panchayat;" (ii) in sub-section (2) after clause (a), the following clause shall be inserted, namely» ., :.,3 "aa) such number of offices of Adhakshya and Tlp-Adhakshya in the State which shall as nearly as may be one-third of the total number of offices of Adhakshya and Up-Adhakshya in the State for the persons belonging to the Backward Classes" . Amendment 10. In section 64of the principal Act, in sub-section (I) for the words "by majo- .ofsection 6+ rity of the members of the Zilla Panchayat present. and voting, "the words "by two-third majority of the directly elected members of the Zilla Panchayat" shall be substituted. Amendment 11. In section 69 of the principal Act, after clause (1), the following clause shall of section 69 b.. inserted, namely :- . "~em)such other duties not enumerated specifically in the above clauses but enu- merated in the Eleventh Schedule to the Constitution". Amendment 12. In section 114of the principal Act, in clause (b), for the words "the maxi- of section 114 mum period of one year as may be specified in the orders", the words "six months" shall be substituted. Amendment 13. In section 119 of the principal Act,- of section IJ9 (i) sub-section (5) shall be omitted; (ii) the existing sub-section (6) shall be renumbered as sub-section (5). Insertion of 14. After section 119, the following section shall be inserted, namely ;- a new section 119A. "Appeal. 119A. Any person aggrieved by an order of the Prescribed Authority under section 119 may appeal to the Appellate Authority to be appointed by the State Government within such time and in such manner as may be prescribed." 15. After section 119 so inserted, the following section shall be inserted, namely r- Insertion of "Bar to 1193. Save as otherwise provided, no suit or other proceeding shall new section suits and lie in any court. tribunal or before any OTher authority to chillenge, 119B. other vary or to set-aside any order passed by ihe Prescribed Authority procee- under section 119 or iue Appellate Autho.ity under section 119A dings under this Chapter". Amendment 16. For section 127 of ~heprincipal Act, the following section shall be substitu- of section ted, namely- 127. "127. The District Planning Committee as piovided under article 243 ZD of the Constitution read with Section 184 of the Sikkim Municipalities Act, 1995 shall be ihe District Planning Committee for the purposes of this Act." Amendment 17. In section 130of the principal Act,- of section 130 (i) in sub-section (2), after clause (ix), the following clause shall be inserted, namely:" "(ixa) manner of election of the Adhakshya and Up-Adhakshya of Zilla Panchayat j" (ii) after sub-section (2), the follwing sub-section shall be inserted, namely> 4 "(3\ Every rule made under this section shall immediately after it is made. be laid before the State Legislature if it is in session. arid if it is not in session. in the session immediately following for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiration of the session in which it is so laid. or the sessions immediately following. the House agrees in making any modi- fication in the rules or in the annulment of the rules, the rules shall there- after have effect only in such modified form or shall stand annulled, as tile case may be, so. however that any such modificatl-n or annulment shall be without prejudice to the validity of anything previously done under that rule." By Order of the Governor. I j B. R. PRADHAN Secretary to the Government of Sikkim Law Department. F. No. 16 (82)LD/79-95. .• " PRINTED AT THE SIKKIM GOVERNMENT PRESS, GANGTOK. No. 76 GOVERNMENT OF SiKKIM LAW DEPART1VIENT GANGTOK. No.5jLD/97 Dated: the 13th May, 1997. NOTIFICATION The following Act of the Sikkim Legislative Assembly havidg received the assent of the Governor on 9th day of May, 19n is hereby published for general information i- THE SIKKIM PANCHAYAT (AMEND~"'IENT) ACT, 1997 (ACT NO. 5 OF 1997) AN ACT further to amend the Sikkim Panchayat Act. 1993. B.; it enacted by the Legislature of Sikkim in the Forty-Eighth Year of the Republicof India as follows.- Short title and 1. (1) This Act may be called the Sikkim Panchayat (Amendment) Act, commencement. )997. (2) It shall come into force at once. Substitution of 2. For section 115 of the Sikkim Panchayat Act, 1993 No.6 of r993 section 115. (hereinafter referred to as the principal Act), the following section shall be substituted, namely:- "Consequences of 115. (l) When an order of supersession has been passed under section sunersession or 114 or the proviso to article 243N of the Constitution has been . dissolution. invoked to dissolve all the Panchayats, then with effect from the date of the ordcr- (a) all the members of the Gram Panchayat or the Zilla Panchayat, as the C8_':emay be, shall vacate their offices; (b) all the powers, duties and functions which, under the provisions of this Act or any rule made thereunder or any Jaw for the time being in force, may be exe-rcised, discharged or performed by (he Gram P'H~rh_<nJ;:jl- or Z .J i . l . la I'an .. c ~ ha ( v .. a •. : " as t • h ... e ca .~ s •, e ..... 11-1 ~ ," '.l \1 f L p .V, c ... _ . '11 "' ~ ... 1'\-'oro •. ' ... e vr x .. ercis s.1 e :l d ""~_, -; 2 (c) all properties vested in the Gram Panchayat or Zilla Panchayat, as the case may be, shall remain vested in the State Government until the reconstitution of such Gram Panchayat or Zilla Panchayat." Omission of 3. Section 129 of the principal Act shall be omitted. section 129. By Order of the Governor, B. R. PRADHAN, Secretary to the Government of Sikkim, Law Department. ( F.No.16(269)LD/93-97 ) ~~..-~. _.... ~~'_I'M'_\CP\,'... _~., fa::: ~"'·.4-=a:a _~ _ PRIT\TED 1\1' THE SIKKIM GOVERNMENT PRESS, GANGTOK. SIKI{IM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok, Monday, 12th November, 2001 No. 409 GOVERNMENT OF SIKKI~ LAW DEPARTMENT GANGTOK No.7/LD/2001 Dated: 12.11.2001. NOTIFICATION . The following Actofthe Sikkim Legislative Assembly having received theassent ofthe Governor on '5th day 01November, 2001 ishereby published forgeneral information ;- THE StKKtM PANCHAYAT (AMENDMENT) ACT, 2001 ACT NO.7 OF200' AN ACT iurther to amend the Sikkim Panchayat Act. 1993 Beitenacted bythe Legistature of Sikkim inthe Fiftysecond year ofthe Republic of tndia asfollows;· Short title and 1. (1)This Act may-be called the Sikkim Panchayat (Amendment) Act, 2001. commencement. (2) Itshatlcome intoforce atonce. Amendmenfol 2, tnSection 12ofthe Sikkim Panchayat Act, 1993, insub-secti0rt (1),'for the SectIon 12 existing proviso thefollowing proviso shall besubstituted, namety;- "Provided however, thattheexisting system oftheTraditional Institutions 01 Dzumsas practiced inthetwovillages oftheLachen andLachung intheNorth District ofthe State shall continue to exist Inaccordance with thetraditional andcustomary Laws oftheDzumsas. Notwithstanding other provisions oftheSikkim Panchayat Act the traditional institutions of the Dzumsas existing in the villages of Lachen and Lachung shallexercise thePowersandFunctions asprovided undertheActinaddition to the Powers and Functions exercised bythem under the existing Traditional and customary law," By Order. T.D. Rlnzlng, Secretary to the Gov!. of Slkklm, Law Department. F.No. 16(82) LD1200' Printed at Sikkim Government Press, Gangtok. SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY ...;G::;.a;;;.n~g..:.;to:;,.:k~ -.;..I ~;;.._;;_..-".-1_"v 26th Octo ber, 2004 No. 408 G('I':.=RNMt: ••:-::-: SIKKIM LAW DEPAI-IIIV1:;~-:- GANGTOK No, 3/LD/2004 Dated: 15.10.2004 NOTIFICATION The following Act ofthe Sikkim Leqislative Assembly having received the assent of the Gover- nor on 4th day of October. 2004 is published for general information. THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2004 (ACT NO.3 OF 2004) further to amend the Sikkim Panchayat Act, 1993 Be itenacted bythe legislature ofSikkim inthe Fifty-fifth year otthe Republic of India as tollows:- Short title and 1. (1) This Act may be called the Sikkim Panchayat (Amendment) Act, Commencement. 2004. (2) Itshall come into torce on the date of its publication inthe Official Gazette. Amendment of 2. Inthe Sikkim Panchayat Act, 1993 (hereinafter reterred to as the said Section 48. Act), insection 48 after sub-section (2) the following sub-section shall be inserted, namely:- "(3) The Comptroller and Auditor General of India Shall audit the accou- nts of the Gram Panchayat as soon as may be after the end of each financial year inthe manner provided under Chapter IXof this Act". Amendment of 3. Inthe said Act, for section 86,the following shall be substituted, namely:- Section 86. "(86) The accounts ofthe fund ofaGram Panchayat orZilla Panchayat shall be examined and audited by the auditors appointed under sub- of section (2) and sub-section (3) section 48 at such manner as may be prescribed". By Order of the Governor. Tashi Wangdi, SSJS Legal Remembrancer-cum-Secretary Law. (File No. 16(82) LD/97-2004 Printed atSlkklm Government Press, Gaugtok. GAZ~::Tl~E EXTRAORDINARV PUBUSHED BV AUl'HO~'=i:iTV Gangto/( Monday 21st March, 20iij5 No. 122 GOVERNIVIEI\lT OF SHG~Ih\id LAW DEPARTIViENT No. 9JLDJPJ20u5 Dated : 19.3.2005. NOTIFICA nON The following Act ofthe Sil(l<imLegislative Assembly navlnq received the assent ofthe Governor on 9th day of March, 2005 is hereby published for general information:- THE SIKICIM PANCHAVAT {AIVIENDIiVIENT} ACT, 2005 (ACT NO.9 OF 2005) AI\! ACT further to amend the Sikkim Panchayat Act 1993 (6of 1993). Be itbe enacted by tile Legislature of Sikkim inthe Fifty-sixth Year ofthe Republic of India as follows:- Short title and 1.("I) This Act may be called the Sikkim Panchayat (Amendment) commencement. Act, 2004. ~ (2) Itshall come into force atonce. Amendment ofSection 127. 2.
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The SIKKIM PANCHAYAT ACT, 1993 — segment 4
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The SIKKIM PANCHAYAT ACT, 1993 — segment 4
This amendment updates the Sikkim Panchayat Act to create District Planning Committees, require a planning office with a full-time District Planning Officer, and set rules for how Panchayat-related funds and tax shares are to be distributed.
In the Sikkirn Panchayat Act, 1993, in clause (c). sub section (3) of section 127. for the words "District Development Officer-cum- Panchayat Officer". the words "District Planning Officer" shall be substituted. By Order. Tashi Wangdi, SSJS Legal Rern·embrancer-cum-Secretary Law F.No. 16(82)2005 - Printed at Sikkim Government Press, Gangto/c SIKKlM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Monday, 28th November, 2005 No. 442 GOVERNMENT OFSIKKIM LAW DEPARTMENT GANGTOK No,.17l.l,Dl2005 Date: 19.11.05 The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day ofSeptember 2005 ishereby published for general inforrnation:- THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2005 (ACT NO. 17OF2005) ANACT Further to amend the Sikkim Panchayat Act, 1993 Beitenacted by the Legislature of Sikkim inthe Fifty- sixth Year of the Republic of India as follows:- Short title and 1. ,(1) This Act may be called the Sikkim Panchayat (Amendment) Act, 2005. commencement. (2) Itshall come into force with lrnrnediateeffect. Insertion of 2. Inthe Sikkim Panchayat Act, 1993 (herein referred toas the principle Act), through the reference to principle Act, unless otherwise expressly provided, afterthe word "Gram Sabha", wherever certain they occur, the words "or Ward Sabha" shall be inserted. expressions. Amendment of 3. Inthe principle Act, insub-section (1) of Section 7, the following provision shall be Section 7. substituted, namely:- "Quorum for ameeting ofaGram Sabha and Ward Sabha shall befifth and one fourth ofthe total members of the Gram Sabha or Sabha, as the case may be, respectively. Provided that one-third ofthe quorum shall comprise ofwomen." 4. Inthe principle Act, inSection 16,after clause (k),the following clauses shall be inserted, Amendment of Section 16. narnely:- "(I) if, inthe opinion of the Prescribed Authority, he is guilty of an act of falsification, willful negligence or omission inthe discharge ofthe duties and functions delegated under this Act or by orders issued by the State Government from time to time; (m) ifhe refuses to act or becomes incapable of discharging his duties and functions h" n::~~c::nn('If~n" nh"c::i("~1 mpnt~1 inr.;::tr..c.r.ih,.nr nthAr r,:;a~c::nn~nr nhlin.c.tinnc::', Ann (n) ifhe isguilty ofdisgraceful conduct unbecoming ofapublic servant punishable by any law for time being inforce; or (0) ifhe does not possess ahygienic sanitary latrine for use of his family. Amendment of 5. After sub-section (3)ofSection 29,the following sub-section shall be inserted namely:- Section 29. "(4) Any memberofa Gram Panchayatwho isremoved from hisoffice bythe Prescribed Authority shall cease to function as amember of the Gram Panchayat." Amendment of 6. Inthe principal Act, after sub-section (7)ofSection 57, the following sub-section shall Section 57. be inserted, namely:- "(8)The resolutions passed inameeting ofZilla Panchayat shall be,torwarded to the Rural Management &Development Department ior confirmation within seven days of the meeting", Amendment of 7, Inthe principal Act, inSection 58, the following proviso shall be inserted, namely:- Section 58. "Provided that the Prescribed Authority may direct the Zilla Panchayat to consider such matter which, inhis opinion, is beyond the authority of the Zilla Panchayat or not in conformity with the provisions of this Act or orders issued by theState Government from time to time," Amendment of 8. Inthe principal Act, after sub-section (3) of Section 66, the following sub-section Section 66. shall be inserted, namely:- 1. "(4) any member of aZilla Panchayat who is removed from his oHice by the Prescribed Authority shall cease tofunction asamember ofthe Zilla Panchayat." 2. The existing sub-sectlon (4)shall be re-numbered assub-section (5), By Order. R.K. Purkayastha (SSJS) Legal Remembrancer -cum- Secretary, Law Department File no. 16 (82) LD/2005 S.GP.G -941Gazettel1S0 NosIDt:- 6.12.2005. GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Wednesday 12th September, 2007 No. 402 LAW DEPARTMENT GOVERNMENT OF SIKKIM GANGTOK No. 14/LD/P/2007 Date: 12.09.2007 THE SIKKIMPANGHAY-AT (AMENDMENT) ACT,2007 (ACT No. 14of 2007) AN ACT furthertoarnenri.tha'Stkkirn Panchayat Act, 1993 ""Be--tRmcrcteniJythe-Legislature-of Sikkimin thEfFiity'eighth Yaarofthe -Republic of India as follows:- Short title and 1. (1) This Act may be called the Sikkim Pancllayat(Amendment) Act, 2007 . .commencement. (2) Itshall come into force at once. Amendment of 2. (1) In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the said Act), for the Section 13. existing sub-sections (5) (6) and (7) of section 13, the following shall be substituted, namely:- "(5) The State Government 'shall, by notification, reserve seats for the Scheduled Castes, the Scheduled Tribes, the Most Backward Classes and Other Backward Classes in every Gram Panchayat andthe number of seats reserved shall bear, asnearty.asmay be, the-same proportion to the total number ofseats tobefilled by.directetectlon inthat Panchayat asthe population inthat Panchayat area bears tothetotal.population ofthat area and such seats shall be allotted by rotation to differentwardsina Gram·Panchayat in such manner as the State Government may, by notification specify. (6) Not less than forty percent ofthe total number ofseats reserved under sub-section (5) shall be reserved for women belonging to the Scheduled Caste, Scheduled Tribes, the Most Backward Classes and the Other Backward Classes. (7) Not less than forty percent of the total number of seats (including the number of seats reserved forwomen belonging tothe Scheduled Caste, Scheduled Tribes,the Most Backward Classes and the Other Backward Classes) tobe filled by direct election in every Gram Panchayat shall be reserved for women and such seats shall be allotted by rotation to different wards inaGram Panchayat insuch manner, as the State Government may, by notification, specify. " (2) Sub-section (5a) shall be omitted. Amendment of 3. (1) In the said Act, for the existing sub-section (2) of Section 17, the following shall be Section 17. substituted, namely:- "(2) The State Government shall, by notification reserve:- (a) such number ofoffice ofSabhapati and Up Sabhapati ofGram Panchayat ineach district for the Scheduled Caste, Scheduled Tribes, the Most Backward Classes and the Other Backward Classes and the number of such offices shall bear as nearly as may be, the same proportion to the total number of offices inthe district as their population ill the district bears to the total population ofthe district. (b) Not less than forty percent of the total number of offices of Sabhapati and Up Sabhapati of the Gram Panchayat ofthe district reserved under clause (a) shall be reserved for women: Provided that the offices reserved under this sub-section shall be allotted by rotation todifferent Gram Panchayats insuch manner asthe State Government may, by notification specify." Amendment of 4. (1) In the said Act, for the existing sub-sections (4) and (5) of Section 50, the following Section 50. shall be substituted namely:- "(4)The State Government shall bynotification, reserve seats forthe Scheduled Castes, the Scheduled Tribes, the Most Backward Classes and the Other Bacl<ward Classes in every Zilla Panchayat and the number ofseats so reserved shall bear, 8S nearly as may be, the same proportion tothe total number ofseats to be filleclby direct election inthe Panchayat astheir population inthe Panchayat area bears tothe total population of that area and such seats shall be allotted by rotation to different constituencies in aZilla Panchayat in such manner as the State Government may, by notification, specify. (5) Not less than forty percent ofthe total number ofseats reserved under sub-section (4) shall be reserved for women and such seats shall beallotted by rotation to different constituencies inaZilla Panchayat insuch manner as the State Government may, by notification, specify." (2) Sub-section (6) shall be omitted. Amendment of 5.(1) In the said Act,for the existing sub-section (2) of Section 54, the following 811allbe Section 54. substituted, namely:- "(2) The State Government, shall by notification, reserve:- (a) such number of offices of Adhyaksha and Up - Adhyaksha of Zilla Panchayats inthe State for persons belonging to Scheduled Castes, the Scheduled Tribes, the Most Backward Classes and the Other Backward Classes and the number ofsuch offices shall bear as nearly as may be the same proportion to the total number of offices inthe State as the population bears to the total population of the State. (b) not less than forty percent of the total number of offices of Adhyaksha and Up- Adhayasha inthe state reserved under clause (a) shall be reserved tor women: Provided that the offices reserved under this sub-section shall be allotted by rotation todifferent Zilla Panchayat insuch manner as the State Government may, by notificatron, specify .., (2) The existing sub-section (2) shall be renumbered as sub-section (3). 2 Amendment of 6. Inthe said Act, for the existing sub-section (1) of Section 103 the following shall be Section 103. substituted, namely:- "(1) The superintendence, direction and control of elections tothe Gram Panchayat and Zilla Panchayat and conduct ofelection ofSabhapati, Up- Sabbhapati and Sachiva ofGram Panchayat and Adhyaksha and Up- Adhyaksha ofZilla Panchayat shall be vested with the State Election Commission consisting of the State Election Commissioner appointed by the Governor: Provided that the conduct ofdelimitation ofGram Panchayat and Zilla Panchayat and reservation of seats inGram Panchayat and Zilla Panchayat, in such manner as may be prescribed, shall be vested with the State Election Commission: Provided further that for the purpose of conduct of election of Sabhapati and Up- Sabhapati and Sachiva of Gram Panchayat and Adhyaksha and Up- Adhayaksha of Zilla Panchayat, the prescribed authority shall be the State Election Commissioner. By Order. R.K. PURKAYASTHA (SS,JS) LR-cum-Secl'etary law Department File No.16 (82)1 LO/P/20D? SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Thursday 22nd April, 2010 No. 172 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No. 6/LDIP/2010 Date: 21.4.2010 The following Act passed by the Sikkim Legislative Assembly and having received the assent of the Governor on the 30'h day of March, 2010 is hereby published for general information:- THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2010 ACT NO.6 OF 2010 AN ACT further to amend the Sikkim Panchayat Act, 1993. Be it enacted by the Legislature of Sikkim in the Sixty-first Year of the Republic of India as follows:- Short title and 1. (1) This Act may be called the Sikkim Panchayat (Amendment) commencement Act, 2010. (2) Itshall come into force on the date of its publication in the Official Gazette. Amendment of 2. Inthe Sikkim Panchayat Act, 1993 (herein referred to as the said Act), Section 29 in Section 29, after SUb-section (3), the following SUb-section shall be inserted, namely:- "(4) Any member of Gram Panchayat being a member of any political party, if he ceases to the member of that political party shall cease to be the member of Gram Panchayat from the same day he ceases to be the member of that political party". Amendment of 3. In the said Act, in section 66, after sub-section (4), the following sub- Section 66 section shall be inserted, namey:- "(5) 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." R.K.PURKAYASTHA(SSJS) LR-cum-Secretary Law & Parliamentary Affairs Department S.G.P.G.-172/Gaze/le/l00 Cps.l22.04.2010 SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Sunday 18th December, 2011 No.652 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NOTIFICATION No 11ILD/P/11. Dated: 17/1212011 The following Act passed by the Sikkim Legislative Assembly and having received the assent of Governor on 3rd day of September, 2011 is hereby published for general information:- THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2011 , ACT NO. 11 OF 2011 AN ACT further to amend the Sikkim Panchayat Act, 1993 Be itenacted by the Legislature of Sikkim inthe Sixty-second Year of the Republic of India asfollows:- Short title and 1. (1) This Act may be called the Sikkim Panchayat (Amendment) commencement Act,2011. (2) Itshall come into force on the date of its publication inthe Official Gazette. Amenc1tnent of 2. In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the said Act) tor Section 13 the existing sub- .section (7) of section 13, the following shall be substituted, namely:- "(7) Not less than half of the total number of seats (including the number of seats reserved for women belonging tothe Scheduled Caste, Scheduled Tribes (Bhutia/Lepcha and LimboofTamang), Most Backward Classes and Other Backward Classes) to be filled by direct election in every Gram Panchayat shall b9 mserved for women and such seat shall be allotted by rotation to different wards in aGram Panchayat insuch manner, as the State Government may, by notification, specify." Amendment of 3. Inthe said Act, for the existing clause (b) of sub- section (2) of Section 17,the Section 17. following shall be substituted, namely:- "(b) Not less than half of the total number of offices of Sabhapati and Up- Sabhapati of the Gram Panchayat of the district reserved under clause (a) shall be reserved for women: Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gram Panchayats in such manner as the State Government may, by notification specify." Amendment of 4. In the said Act, for the existing sub-section (5) of section 50, the following Section 50. shall be substituted, namely:- "(5) Not less than half ofthe total number ofseats reserved under sub- section (4) shall be reserved for women and such seats shall be allotted by rotation to different constituencies in a Zilla Panchayat in such manner as the State Government may, by notification specify." Amendment of 5. Inthe said Act, for the existing clause (b) of sub section (2) of section 54, the Section 54 following shall be substituted, namely:- "(b) Not less than half of the total number of offices of Adhakshya and Up- Adhakshya in the State reserved under clause (a) shall be reserved for women: Provided that the offices reserved under this SUb-section shall be allotted by rotation todifferent Zilla Panchayat insuch manner asthe State Government may, by notification specify." R.K. Purkayastha, SSJS L.R~cum-Secretary , Law Department. File No. 16 (82) LD/P/11 S.G.P.G.-652/ Gazette /30Nos.lDt:- 18.12.2011 SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Wednesday 14th June, 2017 No. 221 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No. 10/LD/17 Dated: 5thJune, 2017 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 27thday of May, 2017 is hereby published for general information :- THE S1KK1M PANCHAYAT (AMENDMENT) ACT, 2017 (ACT NO. 10 OF 2017) AN ACT further to amend the Sikkim Panchayat Act, 1993. BE it enacted by the Legislature of Sikkim in the Sixty-eighth Year of the Republic of India as follows:- Short title and 1. (1). This Act may be called the Sikkim Panchayat (Amendment) commencement Act, 2017. (2). It shall come into force on the date of its publication in the Official Gazette. Amendment 2. In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the of section 11 "Principal Act"), in section 11, for clauses (a), (b) & (c) and' the entries relating thereto, the following clauses shall be substituted namely:-" (a) to identify and approve the plans, programmes and projects for social and economic development in order to give priority from out of the plans, programmes and projects approved by the Ward Sabha before such plans, programmes and projects are taken up for implementation by the Village Panchayat; (b) to lay down the principles for identification of the schemes and their priority for economic development of the village; ,.•,.c> ,.,., , l (c) to identify or selection of persons as beneficiaries under the poverty alleviation and other programmes, in order of priority, from amongst the local persons by the various Ward Sabha falling under its jurisdiction; (d) to ensure proper utilization and disbursement of funds or assets to the beneficiaries; (e) to ascertain and certify the proper utilization of funds for plans, programmes and projects by the Gram Panchayats referred to in clause (a); (f) to exercise social audit in respect of plots aliotted to the weaker sections of the society; (g) to mobilize voluntary labour and contribution in kind or cash or both for the community welfare programmes; (h) to promote literacy, education, health and nutrition; (i) to promote unity and harmony among all sections of the society in such area; U) to seek clarifications from the Chairperson and members of the Gram Panchayat about any particular activity, scheme, income and expenditure; (k) to lease out any minor water body within a specified area for the purpose of fishing and other commercial purposes; (I). to regulate the use of water of rivers, streams, minor water bodies for irrigation purposes; (m) to exercise the right of management over minor forest produce; (n) to exercise control over local plans and resources for such plans including tribal sub-plan; (0) to manage Village Markets; (p) to invoke the right to be consulted before making the acquisition of land in the area for development projects and before re- settling or rehabilitating persons affected by such projects in the area; (q) to consider and approve the recommendations made by each Ward Sabha in the area of such Gram Panchayat; (r) to consider the Annual Budget of the Gram Panchayat, and make recommendations thereon; (s) to consider the report of audit and accounts of the Gram Panchayat; (t) to ensure active participation of people in implementation, maintenance and equitable distribution of benefits of development schemes in the Village; -2 - (u) to promote general awareness amongst the people; (v) to exercise control through the Gram Panchayat over institutions and functionaries in social sectors transferred to or appointed by that Panchayat; (w) to manage natural resources including land, water and forests within the area of the Village in accordance with provisions of the Constitution and other relevant laws for the time being in force; (x) to supervise sanitation, conservation and prevention and abetment of nuisance; (y) to supervise the construction, repair and maintenance of public wells, ponds and tanks and supply of water for domestic animals; (z) to supervise the construction and maintenance of sources of water for bathing and washing and supply of water for domestic animals; . (aa) to supervise the construction and maintenance of Village roads, culverts, bridges, jhoras and other works and building of public utility; (bb) to supervise the construction, maintenance and cleari ng of public street, latrines, drains, tanks, wells and other public places; (cc) filling in of disused wells, unsanitary ponds, pools ditches and pits and conversion of step wells into sanitary wells; (dd) to supervise the lighting of Village streets and other public places; (ee) to assist in removal of hindrances and projections to public streets and places as well as the spaces which are not private properties or which are open for public use whether such places are vested in the Panchayat or belong to the State Government; (ff) to supervise recreations, games-shows, shops, eating houses and vendors of beverage, sweets, fruits, milk and similar other articles; (gg) to supervise the construction of houses, cess-pits uri~p.ls, drains and flush latrines; (hh) to manage publicland, extension and development of Village stte; (ii) to dispose off corpses, carcasses (including those unclaimed) and other obnoxious articles in such a way that the same may not be injurious to public health; Ui) to earmark places for dumping refuse; (kk) to regulate sale and preservation of meat; - 3- (II) to maintain Gram Sabha-properties; (mm) to establish and rnanaqe cattle pounds, maintenance of records regarding cattle, maintaining grazing grounds and other lands lying within control of the Gram Sabha; (nn) to take care of ancient and historical monuments other than those which have been declared to be of national importance; (00) to maintain the records of births, deaths and marriages; (pp) to assist in census or other surveys done by the Centre, State or other organizations constituted lawfully; (qq) to provide assistance in control of contagious diseases, vaccination work etc.; (rr) to help the differently abled and destitute; (ss) to strengthen youth welfare, family welfare and sports; (tt) to encourage afforestation and conservation of village forestry; (uu) to abolish social evils like dowry, child marriage & drug abuse etc.; (vv) to prepare schemes for basic amenities and making arrangements thereof; (ww) to execute work assigned by District Panchayat; (xx) to execute and supervise development schemes and construction work as per specified schemes within the Gram Sabha area; (yy) to control and monitor beneficiary oriented schemes and programmes; (zz) to exercise control over institutions and functionaries in all social sectors transferred to or appointed by the Gram Sabha; (aaa) to disseminate information regarding development land welfare activities; (bbb) to participate in and canvassing of programmes of Health and Literacy and such other time bound developmental programmes; (ccc) to collect essential socio-econornic data; (ddd) to provide feedback on the performance of development programmes; (eee) to resort to moral sanction to pay taxes, repayment of loans, promote environmental cleanliness and to maintain social harmony; (Iff) to mobilize local resources to augment resources of the Gram Panchayat; (ggg) to supervise development activities as volunteer teams; - 4 - (hhh) to make arrangements for reporting urgently incidence of epidemics, natural calamities, etc. (iii) to exercise and discharge of powers and functions assigned by the State Government under this Act or any other law in force in the State for the time being." Insertion of new 3. In the Principal Act, after section 11, the following section shall be section 11A inserted namely:- "11 A Function of Ward Sabha": The function of the Ward Sabha shall be- (a) to render assistance to the Gram Panchayat in collection and compilation of details required for formulation of development plans; (b) to generate proposals and fixing priority of development schemes and programmes to be implemented in the area of the Ward Sabha; (c) to identify weaker section of the beneficiaries in order of priority, for the implementation of development schemes pertaining to the area of Ward Sabha: (d) to render assistance in effective implementation of development scheme; (e) to suggest the location of public utilities, amenities and services like street lights, community water taps, public wells, public sanitation units, irrigation facilities etc.; (f) to formulate schemes and imparting awareness on matters of public interest like cleanliness, preservation of environment, prevention of pollution, guarding against social evils etc; (g) to promote harmony and unity among various groups of people; (h) to verify the eligibility of persons getting various kinds of welfare assistance from State Government such as pensions and subsidies; (i) to obtain information on the detailed estimates of works proposed to be taken in the area of the Ward Sabha; exercise social audit in all works implemented in the area of the Ward Sabha and awarding utilization and completion certificate for such works;:, U) to obtain information from the officials concerned as to the services they will render and the works they propose to do in the area of the Ward Sabha; (k) to assist the activities of parent-teacher associations in the area; (I) to promote literacy, education, health, child care and nutrition; (m) to monitor and render assistance to the beneficiary communities engaged in the developmental activities within the area of the Gram Panchayat; - 5 - (n) to ascertain the rationale behind every decision taken by the Gram Panchayat regarding the area of the Ward Sabha; (0) to ascertain the follow up action taken on the decisions of the Ward Sabha and the detailed reasons for not implementing any of the decisions; (p) to co-operate with the employees of the Gram Panchayats in the sanitation processes and rendering voluntary service for the removal of garbage; (q) to find out the deficiencies in the arrangements for water supply, street lighting etc. within the area of the Ward Sabha and to suggest remedial measures; (r) to assist the public health activities especially the prevention of diseases and family welfare, within the area of the Ward Sabha; (s) to perform such other functions as may be prescribed from time to time". Substitution of 4. Throughout the Principal Act, unless otherwise expressly provided, reference to for the word "Most Backward Classes and the Other Backward certain Classes", wherever this occur, the word "Other Backward Classes expression by (Centre) and the Other Backward Classes (State)" shall be certain other substituted. expression Amendment of 5. In the Principal Act, in section 13 after sub-section 7, the following section 13 proviso shall be inserted, namely:- "Provided that the Office of the District Collector of respective District will issue Other Backward Classes (Centre) and Other Backward Classes (State) certificate for the purpose above only." Amendment of 6. In the Principal Act, in section 16 :- section 16 (1) clause (g) shall be omitted; (2) for clause (i), the following clause shall be substituted namely:- "(i) if he has been convicted by the Court of an offence involving moral turpitude or has been sentenced to imprisonment for a term exceeding six months for any other offence". Insertion of new 7. In the Principal Act, after section 16, the following new section section 16 A shall be inserted namely:-" i6A. 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 hi:>-;amily, 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. - 6- (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 Authority within 3 (three) months from the date of such acquisition or disposal or creation of liability, as the case may be, (3) Any member of the Panchayat who makes a statement under sub-section (1) or sub-section (2) which is false and which he knows or believes to be false or does not believe to be true shall be liable to be proceeded against in accordance with law, for filinq such false statement. (4) Where a member of the Panchayat fails to file such a statement to the Competent Authority within the date specified under sub- section (1) and sub-section (2), action shall be taken to disqualify him from continuing as member of the Panchayat under Section 16. Explanation 1.- For the purpose of this section "family" of a member of the Panchayat means spouse of .that member and his parents, unmarried sisters and children who are dependent on him. Explanation 2. - For the purpose of this section "asset" means all immovable properties and movable properties worth not less than Rupees ten thousand", Amendment of 8. In the Principal Act, in section 23 ;- section 23 (i) for the existing marginal heading, the following shall be substituted namely:- "Powers, Functions and duties of Sabhapati and Up-Sabhapaii". (ii) for section 23 and the entries relating thereto, the following shall be substituted, namely :- "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, the functions of Sabhapati, during such absence or incapacity shall, except in such circumstances as may be prescribed, vest on the Up- Sabhapati of that Panchayat. - 7 - (4)Where the offices of both the Sabhapati and Up-Sabhapati are vacant, the Chairperson of the Standing Committee in the order mentioned in sub-section (1) of Section 134, shall pertorm the functions of the Sabhapati of the Panchayat till a new Sabhapati or Up-Sabhapati of the Panchayat assumes office and where there is no Sabhapati or Up-Sabhapati of the Panchayat or Chairperson of Standing Committee to hold the office of the Chairperson, the eldest among the elected members shall pertorm the functions of the Sabhapati of the Panchayat until the Sabhapati or Up-Sabhapati of the Panchayat or Chairperson of any Standing Committee assumes office. Explanation - The word "senior-most" within the meaning of this sub- section means the person who has been continuously holding the membership of the Panchayat for the maximum period. If more than one person become senior-most within the meaning of this Explanation, in the event, the person oldest in age among them will be the senior-most. (5) Without prejudice to the generality of the foregoing provisions, the Sabhapati of the Panchayat shall, (a) preside over and regulate the meetings of the Panchayat and Gram Sabha of which he is the Sabhapati; (b) to exercise supervision and control over the acts done and actions taken by all officers and employees of the Panchayat; (c) incur contingent expenditure up to such limit as may be fixed by the State Government from time to time; (d) authorize payment and refunds pertaining to the Panchayat; (f) to prepare all statements and reports required by or under this Act; (g) exercise such other powers and discharge such other functions as may be conferred or imposed upon him '..Jy this Act or rules made there under. (6) The Sabhapati may, in case of an emergency, direct the execution of any work or the doing of any act which requires the sanction of the Panchayat, and the immediate execution or doing of which is, in his opinion, necessary for the safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from the funds of the Panchayat: Provided that, (a) he shall not act under this sub-section in contravention of any decision of the Panchayat prohibiting the execution of any particular work or the doing of any particular act; (b) he shall report the action taken under this sub-section and the reason thereof to the Panchayat at its next meeting and obtain its approval thereof. - 8- (7) The Sabhapati of the Panchayat shall also have the following powers :- (a) to ensure the attendance of the employees under the control of the Panchayat including the employees of the State Government transferred to the Panchayat in the meetings of the Panchayat; (b) to report against if necessary, any employee or officer under the control of the Panchayat and State Government Officers, in the Gazetted rank who are transferred to the service of the Panchayat, when disciplinary proceedings are to be taken against them for dereliction of duty or insubordination or for violation of rules or standing orders to the Prescribed Authority, (c) to refer immediately to the State Government any resolution passed by the Panchayat, which, in his opinion has not been passed in accordance with law or is in excess of power conferred by this Act, or any other law or if carried out, is likely to endanger human life, health or public safety", Amendment g, In the Principal Act, in section 24 :- of section 24 (1) clauses(a) and (b) shall be omitted; (2) clause (c) shall be re-Iettered as clause (a). Insertion of 10, In the Principal Act, after section 27, the following new section 27A new section shall be inserted, namely ,- 27 A "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 decide within 30 (trrirty) days from the date of receipt of such reference and his decision shall be final. (3) If a motion for removal under sub-section (1) of this section is not carried by the majority of the total number of the Gram Panchayat or the meeting cannot be held for want of quorum, no notice of any subsequent motion of removal of the same office bearer shall be taken into cognizance within a period of 1 (one) year from the date appointeo for such meeting. - 9 - (4) Notwithstanding anything contained in sub-section (1) of this section, no meeting for removal 01" Sabhapati or Up-Sabhapati under this section shall be convened within a period of 2 (two) years from the date of election of the Sabhapati or the Up-Sabhapati at the first meeting following reconstitution of the Gram Panchayat for filling casual vacancy in the said office". Amendment of 11. In the Principal Act, in section 29:- section 29 (i) after clause (d), the following clause shall be inserted namely:- "(e) any member of Gram Panchayat being a member of any political party, if ceases to be the member of that political party, shall cease to be the member of Gram Panchayat from the same day he ceases to be the member of that political party". (ii) SUb-section "(4)" shall be omitted; Amendment of 12. In the Principal Act, for section 31 and the entries relating thereto, the section 31. 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 ot every Gram Panchayatfalling 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". Omission of section 13. In the Principal Act, section 32 and 33 shall be omitted. 32 & 33 Amendment of 14. In the PrincipalAct, in section 34 :- section 34 (1) after clause (u), the following clause will be inserted:- "(v) Nobody will be permitted to make any construction / building on his land within the territorial limit of the Gram Panchayat unless the proposed plan of such construction/ building is sanctioned by the Panchayat Authority: 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. (2) the existing clause (v) shall be re-lettered as clause (w) Amendment of 15. In the Principal Act, in section 35, after the sub-section (3), the section 35 following sub-section shall be inserted, namely:- - 10- "(4) The Gram Panchayat shall be endowed with the regulatory function of recording births and deaths taken place within their territorial limit and such information shall be communicated to the concerned authority immediately by the concerned near relations of the newly born or the deceased as the case may be". Insertion of new 16. In the Principal Act, after section 39,the following new sections sections 39 A shall be inserted, namely:- and 39 B "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 shall be distributed among Panchayats at all levels in an equitable manner according to the formula fixed by the State Government to this effect". Amendment of 17. In the Principal Act, in section 48, for sub-section (3) the following . section 48 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 PanchayatiDistrict 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 Legislatu re". Insertion of new 18. In the principal Act, after section 48, the following section shall be section 48 A 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- Sabhapatithereof shall be liable to the Panchayat of which they - 11- 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 after recording evidence in support of the allegations and after giving the concerned office-bearer opportunity to cross-examine the witness and to adduce evidence in defense shall, by order, determine the extent and amount of liability of such office-bearer for such waste or misappropriation of money or property", Amendment of 19. In the Principal Act, after sub-s ection (4) of section 50, the section 50 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" Amendment of 20. In the Principal Act, the existing section 60 shall be renumbered as section 60 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". Omission of 21. In the Principal Act, section 61 shall be omitted. section 61 Amendment of 22. In the Principal Act, in section 66 ,- 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". Insertion of new 23. In the Principal Act, after section 66, the following section shall be section 66 A 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- - 12 - mutandis be applicable to the Adhakshya or Up-Adhakshya or Member of Zilla Panchayat". Insertion of new 24. In the Principal Act, after section 76, the following new sections sections 76 A shall be inserted namely:- and 76 B "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 be distributed among Panchayats at all levels in an equitable manner according to the formula fixed by the State Government in this behalf ". Insertion of new 25. In the Principal Act, after section 85, the following new section section 85 A 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 Panchavat" . Amendment of 26. In the Principal Act, in the section 86, for the words"and sub-section section 86 (3)" the words "in a manner provided in sub-section (3)" shall be substituted. Insertion of new 27. In the Principal Act, after section 123, the following section shall be section 123 A 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". Amendment of 28. In the Principal Act, in section 127:- section 1.27 (i) in the marginal heading the word after "Constitution" and before the word "of' the words "Function" shall be inserted. - 13 - (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. EXPLANA TlON - 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 number of members as may be specified by the State Government from time to time by Notification in the Official Gazette and in so fixing the total number of members of the District Planning Committee, the State Government shall specify the number respectively of the nominated members and elected members: Provided that not less than four-fifth of the total number of members of the District Planning Committee shall be elected by and from amongst, the elected members of the District Panchayat and the Municipalities in the District in proportion to the ratio between the population of the rural and urban area in the District. (3)the nominated members may consist of :- (a) persons representing the State Government; . (b) members of the Legislative Assembly who represent a constituency comprising the whole or part of the District. (c) members representing such organizations and institutions as may be deemed necessary by the State Government. (4)The District Planning Committee shall have- a) such functions relating to District planning as may be assigned to it by the State Government; (b) such powers as may be conferred on it by the State Government. (5)The Chairperson of the District Planning Committee shall be the Chairperson of the District Panchayat concerned. (6) Every District Planning Committee shall, in preparing the draft development plan, have regard to- (i) Matters of common interest between the Panchayat and the Municipalities including spatial planning, sharing of water - J4 - and other physical and natural resources, the integrated development of the infrastructure and environmental conservation; (ii) The extent and type of available resources whether financial or otherwise. and (iii) Consult such institutions and organizations as the State Government may by order, specify. (7) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by the District Planning Committee, to the State Government. (8) There shall be a planning office headed by the District Planning Officer to assist the District Planning Committee. The appointment of the staff and officers of the planning office shall be made according to the rules made by the State Government'. Insertion of new 29. In the Principal Act, after section 132, the following section shall be section 133 inserted.
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The SIKKIM PANCHAYAT ACT, 1993 — segment 5
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The SIKKIM PANCHAYAT ACT, 1993 — segment 5
Police in a Panchayat area must promptly inform the Panchayat about offences under the Act and help Panchayat officials; the Act also sets up Standing Committees, their membership rules, record-sharing, decision review powers, and some time limits.
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". CHAPTER XIII Insertion of new 30. In the Principal Act, after section 133, the following new sections Chapter XIII - shall be inserted, namely:- Standing Committees "134. Standing Committees of Panchayats.- and Insertion of new 1. sections. (1) In every Panchayat at all levels Sectoral Standing Committees as stated below shall be constituted: (a) Standing Committee for Finance. (b) Standing Committee for Economic Development and Planning. (c) Standing Committee for Welfare and Social Justice. :> (d) Standing Committee for Health, Nutrition, Sanitation and Drinking water. (e) Standing Committee for Education and Skill Development. (f) Standing Committee for Agriculture, Forestry, Watersh ed and Allied Activities. (2) In the District Panchayat a Standing Committee for Public Works shall also be constituted. - 15 - (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) TheUp-Adhakshya or Up-Sabhapati of Panchayat shall be an ex-officio member and Chairperson of the Standing Committee for Finance and the Sabhapati of Panchayat shall be an ex- officio member of all Standing Committees without the right to vote. (8) A member other than an ex-officio member of a Standing Committee and the Chairperson of a Standing Committee other than the Standing Committee for Finance may resign the membership or Chairmanship of a Standing Committee, as the case may be by tendering resignation to the Sachiva of the Panchayat in the prescribed form and the resignation shall take effect from the date on which it was received by the Sachiva and the Sachiva shall inform the Chairperson and the Panchayat immediately of the fact. (9) The person who intends to resign from the membership or Chairmanship of the Standing Committee shall personally present such resignation letter to the Secretary who shall acknowledge the receipt of the same. (10) Except as otherwise provicfed in this Act, the term of the Chairperson of a Standing Committee or its members shall co- exists with the term of that Panchayat. (11) An election to fill up a casual vacancy of a member of a Standing Committee shall be conducted within thirty days of the occurrence of that vacancy: Provided that where the vacancy in a 3~::.:nding Committee could not be filled due to the vacancy of a member of Panchayat, the vacancy of Standing Committee shall be filled up within thirty days from the date of filling up of the vacancy of the member of Panchayat. - 16- (12) If a casual vacancy of the Chairperson of a Standing Committee other than the Standing Committee for Finance arises, one of its members shall be elected as its Chairperson in the next meeting of the Standing Committee. (13) A motion of no-confidence against the Chairperson of the Standing Committee other than the Standing Committee for Finance may be moved subject to the prescribed provisions and procedures and if such a motion is passed with the support of not less than the majority of the members of the Standing Committee, the Chairperson of that Standing Committee 'shall cease to hold office and shall be deemed to have vacated the office of the Chairperson of the Standing Committee immediately". "135. Meetings of Standing Committees.- In regard to conduct of business at its meetings, a Standing Committee will follow such procedure as may be prescribed". "136. Subject to be dealt with by the Standing Committees.- (1) The following subjects shall be dealt with by the Standing Committees of the Panchayat: (a) In a Gram Panchayat, - (i) The Standing Committee for Finance shall deal with the subjects of finance, tax, accounts, audit, budget, generaL administration, appeals relating to tax and subjects not allotted to other Standing Committees; (ii) The Standing Committee for Economic Development shall deal with the subjects of development planning, socio-economic planning, spatial planning, small-scale industry, housing, regulation of building construction, electricity, poverty alleviation programmes, slum improvement, food security including the public distribution system, markets etc; (iii) The Standing Committee for Welfare and Social Justice shall deal with the subjects of economic, social, educational, cultural and other interests of Scheduled Caste-Scheduled Tribe, protection of such castes and classes from social injustice and any form of exploitation, development of women and children, social welfare, social security etc. (iv) The Standing Committee for Health, Nutrition, Sanitation and Drinking Water shall deal with the subjects of public health, social hygiene, public works, sanitation, water supply, sewerage, environment etc; (v) The Standing Committee for Education and Skill Development shall deal with the subjects of education, art & culture and entertainment;, (vi) The Standing Committee for Agriculture, Forestry, Watershed and Allied Activities shall deal with the subjects of agriculture, - 17 - soil' conservation. social forestry. animal husbandry. diary development, minor irrigation, fisheries, and other matters connected with development of agriculture and live-stock. (b) In the District Panchayat, - (i) The Standing Committee for Finance shall deal with the subjects like finance. accounts. audit. budget. gener21 administration and subjects not allotted to other standing committee; (ii) The Standing Committee. for Economic Development and Planning shall deal with the subjects like development planning. socio-economic planning, small scale industry, etc. (iii) The Standing Committee for Public Works shall deal with the subjects like public works. housing. spatial planning and environment; (iv) The Standing Committee for Health, Nutrition. Sanitation and Drinking Water shall deal with subjects like public health, rural water supply, sanitation and allied subjects. (v) The Standing Committee for Education and Skill Development shall deal with subjects like education; (vi) The Standing Committee for Welfare shall deal with subjects like social welfare, development of women and children and development of scheduled caste-scheduled tribe; (vii) The Standing Committee for Agriculture, Forestry, Watershed and Allied Activities shall deal with the subjects like agriculture, soil conservation, animal husbandry, mine: irrigation, fisheries and allied subjects. (2) The Standing Committees of the Panchayat may perform such other functions as may be entrusted to them by the Panchayat in addition to the powers and duties conferred on them by rules made in this behalf. (3) Every resolution passed by the Standing Committee shall be placed before the Panchayat in its next meeting and the Panchayat shall have power to modify such resolutions if considered necessary. (4) Experts in relevant subject matter shall be invited to attend the meetings of the respectlveBtandinp Committee and render necessary assistance to the committee in the discharge of its functions", "'37. Power to call for records from standing Committees.- 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 Star,~ing Committee has been authorized or directed to deal. and every such requisition shall be complied with by the Standing Committee". - 18- "138. Power to revise decisions of Standing Committees.- (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. SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Thursday 14th June, 2018 No. 321 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK NO.11/LD/18 Dated: 13.06.2018 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 11 day of June, 2018 is hereby published for general information:- th THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2018 (ACT NO. 11 OF 2018) AN ACT to amend the Sikkim Panchayat, Act 1993 Be it enacted by the Legislature of Sikkim in the Sixty-ninth Year of the Republic of India, as follows:- Short title, extent (1) This Act may be called the Sikkim Panchayat (Amendment) and Act, 2018. commencement (2) It shall extend to the whole of Sikkim. (3) It shall come into force at once. Amendment of 2 In the Sikkim Panchayat Act, 1993 (hereinafter referred to as the Section 13 said Act), in section 13, after sub-section (5), the following proviso shall be inserted, namely:- "Provided that from the total number of seats reserved in the Gram Panchayat as a whole for the Tribal Community in Sikkim, the seats for the Bhutia-Lepcha Community who belong to Tribal Community shall be proportionate to their population: Provided further that the seats so reserved for the Bhutia- Lepcha Community shall not be less than minimum of 20% of the seats for the Tribal Community". THE SUBSEQUENT AMENDMENTS TO THE SIKKIM PANCHAYAT ACT, 1993 (ACT NO. 6 OF 1993) AMENDED AND UPDATED UPTO JUNE, 2018 SIKKIM GOVERNMENT GAZETTE Gangtok Tuesday 12'n M:,ay, 2020 No. 99 LAW DEPARTMENT GOVERNMENT OF SIKKIM GANGTOK No.07lLD/20 Dated: 3O.O4.202O NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 25* day of March, 2020 is here by published for general information:- THE StKKtM PANCHAYAT (AMENDMENT) ACT,2O2O (ACT NO. 07 OF 2020) AN ACT furtherto amend the Sikkim Panchayat Act. 1993. Beit enacted bythe Legislature of Sikkim in the Seventy-firstYearof the Republicof lndia asfollows :- 1. (1) Short title This Act may be called as the Sikkim Panchayat (Amendment) Act, and 2020 (2') commencement lt shall come into force on the date of its publication in the Official Amendment 2. ln the Sikkim Panchayat Act, 1993 (hereinafter referred to as Principal Ac) of in section 18, the word "Sachiva" shall be omitted. section 18 Amendment 3. ln the PrincipalAct, in section 29, "clause(e) shall be omitted. of section 29 Amendment 4. ln the principal Act, in section 66, "clause (e) shall be omitted. of section 66 Amendment 5. ln the principal Act, after section 128, the following section shall be inserted, of namely '.- "129. No person shall contest the election to any Panchayat with section 129 the support, direct or indirect of any political party". JAGAT B. RAr (SSJS) L.R-cum-Secretary, Law Department, Gangtok. S.G.P.G. 99/ Com. 6/Gazette /100 Nos./ Dt:12.O4.2020 SIKKIM GOVERNMENT GAz,ETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Wednesday 27th January, 2021 No.02 GOVERNMENT OF SIKKIM LAW & P.A. DEPARTMENT GANGTO K No. 0ZL&PAD|2O21 Dated: 27.01.2021 NOTIFICATION The following Act passed by the Sikkim Legislative Assembly and having received assent of the Governor on 11n day of January, 2021 is hereby published for general information :- THE SIKKTM PANCHAYAT (AMENDMENT) ACT, m21 (ACT No. 02 OF 2021) AN ACT further to amend the Sikkim Panchayat Act, 1993. Be it enacted by the Legislature of Sikkim in the Seventy-second Year of the Republic of lndia as follows :- Shorl title and 1 (1) This Act may be called the Sikkim Panchayat (Amendment) Act, Commencement 2021. (2j lt shall be deemed to have come into force on the date of publication in the Official Gazette. of 2 Amendment (1) ln the Sikkim Panchayat Act, 1993 (hereinafter referred to as the Section 11 "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 Government; (B) the Chairperson of the Committee shall be the senior most Government nominee; (C) the recommendations of the Committee shall be by majority." Amendment of ln the principal Act, in Section 11 A, in clause (c), before the words Section 11A to identify", the words "to render assistance to Gram Sabha" shall be inserted. Jagat B. Rai (SSJS) L.R.-cum-Secretary Law & P.A. Department. S.G.P.G. - 02/ Com. ZGazelte /100 Nos./ Dt:- 27.01.2021.
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