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THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2005
THE SIKKIM PANCHAYAT (AMENDMENT) ACT, 2005
(ACT NO. 17 OF 2005)
AN ACT
Further to amend the Sikkim Panchayat Act, 1993
Be it be enacted by the Legislature of Sikkim in the Fifty-sixth Year of the Republic of India as follows.-
Short title and commencement.
1. (1) This Act may be called the Sikkim Panchayat (Amendment) Act, 2005.
(2) It shall come into force with immediate effect.
Insertion of reference to certain expressions.
2. In the Sikkim Panchayat Act, 1993 (herein after referred to as the principal Act), through the principal Act, unless otherwise expressly provided, after the word “Gram Sabha”, wherever they occur, the words “or Ward Sabha” shall be inserted.
Amendment of Section 7.
3. In the principal Act, in sub-section (1) of Section 7, the following provision shall be substituted, namely:-
Amendment of Section 16.
4. In the principal Act, in Section 16, after the clause (k), the following clauses shall be inserted, namely:-
“(l) if, in the opinion of the Prescribed Authority, he is guilty of an act of falsification, willful negligence or omission in the discharge in the discharge of the duties and functions delegated under this Act or by orders issued by the State Government from time to time;
(m) if he refuses to act or becomes incapable of discharging his duties and functions by reason of any physical, mental incapacity or other reasons or obligations; and
(n) if he is guilty of disgraceful conduct unbecoming of a public servant punishable by any law for time being in force; or
(o) if he dose not possess a hygienic sanitary latrine for use of his family.
Amendment of Section 29.
5. After sub-section (3) of Section 29, the following sub-section shall be inserted, namely:-
“(4) Any member of a Gram Panchayat who is removed from his office by the Prescribed Authority shall cease to function as a member of the Gram Panchayat.”
Amendment of Section 57.
6. In the principal Act, after sub-section (7) of Section 57, the following sub-section shall be inserted, namely:-
“(8) The resolutions passed in a meeting of Zilla Panchayat shall be forwarded to the Rural Management & Development Department for confirmation within seven days of the meeting.”
Amendment of Section 58.
7. In the principal Act, in Section 58 the following provision shall be inserted, namely:-
“Provided that the Prescribed Authority may direct the Zilla Panchayat to consider such matters which, in his opinion, is beyond the authority of the Zilla Panchayat or not in conformity with the provisions of this Act or orders issued by the State Government from time to time.”
Amendment of Section 66.
8. In the principal Act, after sub-section (3) of Section 66, the following sub-section shall be inserted, Namely:-
1. “(4) Any member of a Zilla Panchayat who is removed from his office by the Prescribed Authority shall cease to function as a member of the Zilla Panchayat.”
2. The existing sub-section (4) shall be re-numbered as sub-section (5).
