Back

THE SIKKIM PANGHAYAT ACT, 1993

(ACT NO.6 OF 1993)

AN ACT

Arrangement of Sections:

CHAPTER I

PRELIMINARY

Sections:

1. Short title, extent and commencement.

2 Definitions .

CHAPTER II

CONSTITUTION OF GRAM AND GRAM SABHA

3 Constitution of Gram, its name and jurisdiction.

4. Effect of alteration of the area of the Grain.

5. Effect of Inclusion of a Gram or part thereof In Nagar Panchayat, etc.

6. Meetings of Gram Sabha.

7. 'Quorum for meetings and resolution.

8. Convening of meetings of Gram Sabha.

9. Presiding Officer. .

10. Matters for consideration of Gram Sabha.

11. Functions of Gram Sabha.

CHAPTER III

GRAM PANCHAYAT

12. Constitution of Gram Panchayat

13. Composition of Gram Panchayat.

14. Incorporation of Gram Panchayat.

15. Duration of Gram Panchayat

16. Disqualification of members of Gram Panchayat

17. Sabhapati and Up-Sabhapati.

18. Election or nomination of Sabhapati, Up-Sabhapati, Sachiva and members to be published.

19. First meeting of -Gram Panchayat.

20. Meeting of Gram Panchayat.

21. Consideration of question disposed 'of by Gram Panchayat.

22. List of business to be transacted at a meeting.

23. Powers and duties of Sabhapati .

24. Powers and duties of UpSabhapati.

25. Right of Individual member.

26. Resignation of Sabhapati Up-Sabhapati or member.

27. Removal of Sabhapati and Up-Sabhapati.

28. Filling of casual vacancy In the office of Sabhapati or Up-Sabhapati.

29. Removal of member of Gram Panchayat.

30. Filling of casual vacancy hi case of member of Gram Panchayat.

31. Sachiva of Gram Panchayat.

32. Resignation of Sachiva.

33. Removal of Sachiva

CHAPTER IV

DUTIES OF GRAM PANCHAYAT

34. Obligatory duties of Gram Panchayat.

35. Other duties of Gram Panchayat.

CHAPTER V

PROPERTY AND FUND

36. Property and fund of Gram Panchayat.

37. Allocation of properties. to Gram Panchayat.

36. Acquisition of land for Gram Panchayat.

39. Gram Panchayat Fund.

40. Levy of taxes, rates or fees.

41. Power of State Government to regulate taxes rates and fees.

42. Appeal against taxation, fees and rates.

43. Recovery of, arrears.

44. Action by District Collector.

45. Power of State Government In regard to relief in taxes, rates and fees.

46. Budget of Gram Panchayat.

47. Supplementary Budget.

48. Accounts and Audit.

CHAPTER VI

CONSTITUTION OF ZILLA PANCHAYAT

49. Zilla Panchayat and its constitution.

50. Composition of Zilla Panchayat.

51. Incorporation ,of Zilla Panchayal

52. Duration of Zilla Panchayat.

53. Disqualification of members of Zilla Panchayat

54. Adhakshya and Up-Adhakshya.

55. Notification of Election, Nomination, etc.

56 First meeting of Zilla Panchayat.

57. Meeting of Zilla pancnayat.

58. Reconsideration of questions disposed of by Zilla Panchayat.

59. List of business to be transacted at a meeting.

60. Powers and duties, of Adhakshya. .

61. Powers and duties of Up-Adhakhsya.

62. Right of individual members.

63. Resignation: of Adhyakshya or Up-Adhakhsya or a Member.

64. Removal of Adhyakshya and Up-Addyakhsya.

65. Filling of casual vacancy in the office of Adhyakshya or Up-Adhakhshya.

66. Removal of member of Zilla Panchayat.

67. Filling of casual vacancy of elected member of Zilla Panchyat

68. Sachiva of Zilla Panchayat.

CHAPTER VII

POWERS AND DUTIES OF ZILLA PANCHAYAT

69. Obligatory duties of Zilla Panchayat.

70. Other duties of Zilla Panchayat.

71. Joint execution of schemes by two or more Zilla Panchayat.

72. Power of supervision by Zilla Panchayat over Gram Panchayat.

CHAPTER VIII

PROPERTY AND FUND OF ZILLA PANCHAYAT

73. Works constructed by Zilla Panchayat to vest in it.

74. Allocation of properties to Zilla Panchayat.

75. Acquisition of land for Zilla Panchayat.

76. Zilla Panchayat Fund.

77. Imposition of taxes, rates and fees.

78. Power of State Government to regulate taxes.

79. Appeal against taxation, rate or fee.

80. Recovery of arrears.

81. Action by District Collector.

82. Power of State Government in regard to relief in taxes.

83. Budget of Zilia Panchayat.

84. Supplementary Budget.

85. Accounts.

CHAPTER IX

AUDIT OF ACCOUNTS OF GRAM AND ZILLA PANCHAYAT FUNDS

86. Audit of accounts of fund.

87. Submission of accounts to Audit.

88. Power of Auditors.

89. Penalty.

90. Audit Report.

91. Action on audit report.

92. Power of Auditor to surcharge etc.

93. Appeal.

94. Payment of certified sums.

95. Certain costs and expenses payable out of Fund.

CHAPTER X

CONSTITUTION OF THE STATE FINANCE COMMISSION

96. Definition.

97. Qualifications for appointment as and the manner of selection of members of the Commission.

98. Personal interest to disqualify members. .

99. Disqualification for being a member of the Commission.

100. Term of office at 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 ELECTION COMMISSION

103. Constitution of State Election Commission.

CHAPTER XII

MISCELLANEOUS

104. Oath of affirmation.

105. Validation.

106. Members and Officers and employees to be public servant.

107. Indemnity.

108. Reference of dispute.

109. Inspection.

110. Power of the Government to rescind or suspend resolution of a Gram Panchayat or Zilla Panchayat.

111. Power of State Government officers to attend meetings.

112. Directions by State Government.

113. Power to remove Sabhapati, Up-Sabhapati or Sachiva of Gram Panchayat and Adhakshya or Up-Adhakshya of Zilla Panchayat.

114. Power of State Government to supersede a Gram Panchayat or Zilla Panchayat.

115. Consequences -of super session.

116. Effect of election of a member of Gram Panchayat to Houses of Parliament or Legislative Assembly.

117. Electoral offences.

118. Requisition of premises, vehicle etc. for election purpose.

119. Application for questioning the election.

120. Decision on question as to disqualification.

121. Emergent power-on outbreak of epidemic.

122. Report on the work of Gram Panchayat or Zilla Panchayat.

123. Placing of services of Government employees at the disposal of a Gram Panchayat or a Zilla Panchayat.

124. Power to settle disputes.

125. Delegation.

126. Allowances to members.

127. Constitution of District Planning Committee.

128. Penalty.

129. Election not be contested with the support of political party.

130. Power to make rules. .

131. Power to remove difficulties.

132. Repeal anti Savings.

THE SIKKIM PANCHAYAT ACT, 1993 (ACT NO.6 OF 1993)

AN ACT

to consolidate and amend 'the law relating to Panchayats and to provide for the constitution and organisation of Panchayats as units of Self-Government in Sikkim in accordance with the provisions of Part IX of the Constitution as inserted by the Constitution (Seventy-Third Amendment) Act, 1992 and for matters connected therewith and Incidental thereto.

BE it enacted by the Legislative Assembly of Sikkim in the Forty-forth Year of the Republic of India as follows :

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Sikkim Panchayat Act, 1993.

(2) It extends to the whole of Sikkim except the areas which may hereafter be declared as or included in the Nagar Panchayat.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different elates may be appointed for different areas and for different provisions of the Act.

2. (1) In this Act, unless the context otherwise requires,

(a) "Adhakshya". means 'an Adhakshya of a Zilla Panchayat elected under sub-section (1) of section 54;

(b) "Auditor" means an auditor appointed under sub-section (2) of section 48;

(d) "District Development Officer cum. Panchayat Officer" means the District -

Development Officer -cum-Panchayat Officered the District appointed by the State

Government;

(e) "Governor" means the Governor of Sikkim;

(f) "Gram" means any village or part of a village or group of adjoining villages or parts thereof declared by the State Government to be a Gram under sub-section (1) of section 3;

(g) "Gram Panchayat", means a Gram Panchayat constituted under section 12;

(h) "Nagar Panchayat" means a Nagar Pancbayat and includes a municipality, municipal committee or corporation or such other body by whatever name called constituted under the law relating to such Nagar Panchayats for the time being in force;

(i) 'Notification means the notification published in the Official Gazette.

(j) "Prescribed Authority" means: the authority appointed by the State Government, by notification, for all or any of the purposes of this Act;

(k) "Sabhapati", means a Sabhapati of a Gram Panchayat elected under subsection (1) of Section 17; .

(l) "Secretary" means the Secretary to the Government of Sikkim in the Rural Development Department and includes an Additional Secretary, Joint Secretary. Deputy Secretary and Under Secretary of that Department;

(m) "State Government" means the Government of the State of Sikkim;

(n) "Up-adhyakshya" means an Up-Adhakshya of a Zilla Panchayat elected under sub-section (1) of section 54

(o) "Up-Sabhapati" means an Up-Sabhapati of a Gram Panchayat elected under sub-section (1) of section 17; .

(p') "Zilla Panchayat" means a Zilla Panchayat of a district constituted under sub-section (I) of section 49;

(2) Words defined in the Constitution (Seventy-Third Amendment) Act, 199 but not defined in this Act shall have the same meanings as respectively assigned them in the Constitution (Seventy-Third Amendment) Act, 1992.

CHAPTER II

CONSTITUTION OF GRAM AND GRAM SABHA.

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

(2) As soon as may be after the constitution or a Gram under sub section 0), the State Government may, by notification, divide each Gram into wards and each ward shall , as far as possible, comprise of a Revenue Block.

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

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

(5) The State Government may, after making such enquiry as it may think fit and 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

(d) unite the areas of two or more Grams so as. to constitute a new Gram.

4. (1) When an area is excluded from a Gram under clause (a) of sub-section (5) of section 3, such area shall, as from the date of the notification referred to in that subsection, cease to he subject to the jurisdiction of the Gram Panchayat of that Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall also cease to apply to the area so excluded.

(2) When an area is included in a Gram under clause (b) of sub-section (5) of section 3, the Gram Panchayat for that Gram shall as, from the date of the notification referred to in that sub-section have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Gram shall apply to the area so included.

(3) When the area of any Gram is divided under clause (c) of sub-section (5) of section 3 so as to constitute two or more Grams, the Gram Panchayat of that Gram shall as from the date of the notification referred to in that sub-sectiol1, cease to exist, and there shall be reconstitution of the Gram Panchayats for the newly constituted Grams in accordance with the provisions of this Act.

(4) When the areas of two or more Grams arc united under clause (d) of sub- section (5) of section 3 so as to constitute a new Gram, the Gram Panchayats of the said Grams shall, as from the date of the notification referred to in that sub-section, cease to exist and a separate Gram Panchayat shall be constituted for the new Grams in accordance with the provisions of this Act.

(5) When under sub-section (5) of section :.1 any area is excluded from, or Included in, a Gram is divided 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 Panchayat or Panchayat, affected by such reconstitution shall vest in such Gram Panchayat or Panchayats in accordance with such allocation as may be determined by order in writing by the prescribed authority, and such determination 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 reconstitution.

5. (1) If, at any time, the whole of the area of a Gram is included within the Nagar Panchayat under the provisions of the law made in this behalf, the Gram Panchayat concerned shall cease to exist, and the properties, funds and other assets vested in such Gram Panchayat and all the rights and liabilities of such Gram Panchayat shall vest in and devolve on, the Nagar Panchayat.

(2) If, at any time, a part of the area of a Gram is inclucled in a Nagar Panchayat under the provisions of the law made in this behalf, the area of the Gram Shall be deemed to have been reduced to the extent of the part so included within the Nagar Panchayat and the properties, funds, rights and liabilities of the Gram Panchayat concerned in respect of the part so included shall vest in, and devolve on the Nagar Panchayat in such manner as may be determined by the prescribed authority and such determination shall be final, and unless the State Government otherwise directs, all rules, orders, directions and notifications in force in the areas comprised in the Nagar Panchayat shall apply to the part of the area of the Gram so included.

6. Subject to the general orders of the' State Government the Gram Sabha shall meet at least twice in a year and when the Gram Panchayat fails to convene Gram Sabha, the prescribed authority shall with the approval of the State Government and after giving notice to the Gram Panchayat concerned, convene it.

7. (1) Quorum for the meeting of a Gram Sabha shall be one-tenth of the total members of the Gram Sabha.

(2) Any resolution relating to the matters entrusted to the Gram Sabha shall be passed by a majority of votes of the members present and voting in the meeting of the Gram Sabha.

8. The procedure for convening, and conducting the meetings of the Gram Sabhas shall be such as may be prescribed.

9. Every meeting of the Gram Sabha shall be presided over by the Sabhapati of the concerned Gram Panchayat and in his absence by the Up-Sabhapati of that Gram Panchayat.

10. (1) The Gram Sabha shall consider, and may make recommendations and suggestions to the Gram Panchayat on the following matters, namely:-

(a) the annual statement of accounts of the Gram Panchayat, the report of administrations 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 and 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 Panchayat shall give due consideration to the recommendations and suggestions of the Gram Sabha.

11. The Gram Sabha shall perform the following functions, namely:-

(a) mobilizing voluntary labour and contributions in kind and cash for the community welfare programme;

(b) identification of beneficiaries for implementation of developmental schemes pertaining to the village:

Provided that if the Gram Sabha fails to identify the beneficiaries within the reasonable time, the prescribed authority shall, in consultation with the Gram Panchayat, identify the beneficiaries;

CHAPTER III

GRAM PANCHAYAT

12. (1) There shall be constituted, in each Panchayat area, an institution of Self Government called the Gram, Panchayat bearing the name of the Gram.

(2) For the purpose of sub-section (1), each Panchayat area shall be divided into wards in such manner as the State Government, may determine:

Provided that the number of members to be elected in each ward shall, as far as practicable, be in the same proportions to the total number of persons to be elected for the Gram Panchayats as the population of the ward bears to the total population of the Panchayat area.

(3) The list of wards determined under sub-section (2) shall be prepared and published in the Official Gazette.

13. (1) A Gram Panchayat shall, subject to the provisions of sub-section (5), consist of such number of members not less than five and not more than nine, as the Secretary may, subject 'to the general order of the State Government in regard to the allocation of number of seats to different Gram having regard to the varying extent of, population therein, determine and such members shall be chosen by direct election through secret ballot by persons whose names are included in the electoral roll of the Sikkim Legislative Assembly for the time being in force pertaining to the area comprised in the Gram.

(2) Election to the Gram Panchayat shall be held in such manner as may be prescribed.

(3) Where a Gram fails to elect the full number of members as determined under sub-section (1) it shall be called upon to elect the remaining number of members.

(4) The term of office of the members of Gram Panchayat shall, subject to the provisions of section 29, be co-terminus with the term of the Gram Panchayat.

(5) The State Government shall, by notification reserve the scats for Scheduled Castes and the Scheduled Tribes in every Gram Panchayat and the number of scats so reserved shall bear, as nearly as may be, the same proportion to the total number of scats to be filled by direct election in that Panchayat as the population of the Scheduled Castes in that panchayat area or of the Scheduled Tribes in that panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different wards in a Gram Panchayat in such manner as may be prescribed

(6) Not less than one-third of the total number of scats 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 one: third of the total number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes of the total number of-seats to be filled by direct election in every Gram Panchayat shall be reserved for women and such seats may be allotted by rotation to different wards in a Gram Panchayat in such manner as may be prescribed.

14. (1) Every Gram Panchayat shall be a body corporate having perpetual succession and a common seal

and shall by its corporate name, sue and be sued.

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

Provided that in cases of acquisition or disposal of immoveable property, the Gram Panchayat shall obtain the previous approval of the Stare Government.

15. (1) Every Gram Panchayat save as otherwise provided - in this Act, shall continue for a term of five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Gram Panchayat, which is functioning immediately before such amendment till the expiration of its duration specified in sub-section (1).

(3) The election to constitute a Gram Panchayat shall be completed (a) before the expiry of it's duration specified in sub-section (1);

(b) in the case of dissolution, before the expirati6n of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Gram Panchayat for such period.

(4) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of its duration, shall continue only for remainder of the period for which the dissolved Gram Panchayat would have continued under sub-section (1) had it not been so dissolved.

16. A person shall be disqualified for being chosen as and for being, a member of a Gram Panchayat -

(a) if he is so disqualified by or under any law for the time being in force for the purpose of elections to the Legislative Assembly of Sikkim:

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; or

(b) if he is a member of a Nagar Panchayat established under the law relating to constitution of such Nagar Panchayat for the time being in force; or

(c) if he holds any office or profit' under a local authority or co-operative society or a Government company or a Corporation owned or controlled by the Central or the State Government; or

(d) has been dismissed from the service of a State Government or the Central Government or a local authority or a Co-operative Society or a Government company or a Corporation owned or controlled by the Central or the State Government for misconduct; or -

(e) if he is of unsound mind and so declared by a competent court;

(f)or if he is an undischarged 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) if he has been convicted by a Court 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 a Gram Panchayat or a Zilla Panchayat or a Nagar Panchayat or the State Government:

Provided that the disqualification under this clause shall cease upon payment of the rail' or tax or fee; or

(k) if he has directly or indirectly by himself or by his partner or employer or an employee, hold any share or interest in any contract with, by or on behalf of a Zilla Panchayat or a Gram Panchayat:

Provided that a person shall not be deemed to have incurred disqualification by reason of his having a share or interest in any public company or registered cooperative society which has a contract with or is employed by a Gram Panchayat or a Zilla Panchayast or the district.

17. (1) Every Gram Panchayat shall at its first meeting at which a quorum is preset, elect one of its members 10 be the Sabhapati and another member to be the Up-Sabhapati of the Gram Panchayat in such manner as may be prescribed.

(1) The State Government shall, by notification reserve (a) such number of offices of Sabhapati and Up-Sabhapati of Gram Panchayats in each district for the Scheduled Castes and the Scheduled Tribes and member of such offices shall bear as nearly as may be, the same proportion to the total number of offices in the District as the population of the Scheduled castes and of the 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 Panchayat of the district from each of the categories which are reserved for persons belonging to the Scheduled Castes and the Scheduled Tribes and of those which are served for women:

Provided that the offices reserved under this sub-section shall be allotted by rotation to different Gram Panchayats in such rnanner as may be prescribed.

Explanation- For the removal of doubt it is hereby declared that the principle of rotation for 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 Sabhapati and Up-Sabhapati shall, subject to the provision of section 27 and - their continuing as rnembers, hold office for a period of five years.

(4) When-

(a) the office of the Sabhapati falls vacant by reason of death, resignation removed or otherwise; or

(b) the Sabhapati is: by reason of leave, illness or other cause, temporarily unable to act, the Up-Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sabhapati until a new Sabhapati is elected and assumes office or until the Sabhapati resumes his duties, as the case may be.

(5) When

(a) the office of the Up-Sabhapati falls vacant by reason of death, resignation removed or otherwise; or

(b) the Up-Sabhapati is ,by reason on leave, illness or other cause, temporarily unable to act, the Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Up-Sabhapati until a new Up-Sabhapati is elected and assumes office or until that Up-Sabhapati resumes his duties, as the case may be.

(6) When the office of the Sabhapati and the Up-Sabhapati are both vacant, the Sabhapati and Up-Sabhapati arc temporarily unable to act the prescribed authority may appoint a Sabhapati and Up-Sabhapati from among the members of the Gram Panchayat to act as such until a Sabhapati and Up-Sabhapati are elected and assume office.

18. Every election or nomination of Up-Sabhapati, Sabhapati, Sachiva and members of Gram Panchayat, the case may be, shall 'be published by the State Government by notification and such persons; shall enter upon their respective offices from the date of such publication:

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

19. (1) Notwithstanding any vacancy in the membership of the Gram Panchayat, the prescribed authority shall immediately after but before the expiration of thirty days from the date of publication of the notification under section 18 appoint a date for the meeting of the Gram Panchayat members (which meeting shall be called the first meeting of the Gram Panchayat for electing the Sabhapati, Up-Sabhapati and the Sachiva of the Gram Panchayat from 'amongst themselves.

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

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

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

Provided that if the Sabhapati fails to call such special meeting within the specified period from the date of receipt of the requisition or direction, as the case may be, the Secretary of the Rural Development Department or District Development Officer cum-Panchayat Officer or the District Collector of the concerned district may direct the Sachiva or any member of the' Gram Panchayat to call such meeting at such time and at such place within the local limits of the Gram Panchayat concerned as the Sachiva or the member directed to call the meeting may, decide.

(3) Two-third of the total number of members constituting the Gram Panchayat shall form a quorum for a meeting of the Gram Panchayat:

Provided that no quorum shall be necessary for an adjourned meeting.

(4) The Sabhapati or in his absence, the Up- Sabhapati shall preside at the meeting of the Gram Panchayat and in the absence of both the members present shall elect one from amongst themselves to preside at the meeting.

(5) All questions coming before a Gram Panchayat shall, unless otherwise specifically provided under this Act be decided by a majority of votes of the member present and voting:

Provided that in case of equality; of votes the person presiding shall have a second or a casting vote.

(6) No member shall vote on, and take part in the discussions of any question coming up for consideration at a meeting of a Gram panchayat if the question is one in which he has any direct or indirect pecuniary interest other than an interest as a member of public.

(7) If it appears to any member present at a meeting that the person presiding at the meeting has any such pecuniary interest in any matter before the meeting for discussion or any' question coming up for consideration is referred to in sub-section (6) and a motion brought by him to that effect is carried, such a person shall not preside at such meeting and shall not 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 particular matter.

21. No matter once finally disposed of by the Gram Panchayat shall be reconsidered by it within the period of six months unless the. recorded consent of not less than one-half of its total number of members is been obtained there to.

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

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

Provided further that if the Sabhapati thinks that, the situation has arisen for which an emergent meeting of the Gram Panchayat should be entitled he may call such meeting at such time and at such place within the limits of the Gram Panchayat concerned after, ensuring receipt of intimation of such emergency meeting by all members.

(2) The business of the Gram Panchayat shall be transacted in the language commonly spoken and understood by the members.

(3) 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 signed by the Sabhapati of the meeting before the meeting disperses.

(4) The Sachiva of the Gram Panchayat shall, within a week after a meeting of the Gram Panchayat is held, 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.

23. The Sabhapati shall -

(a) regulate the meetings of the Gram Panchayat;

(b) be responsible for the maintenance of records and registers of the Gram Panchayat

(c) exercise supervision and control over the acts done and action taken by the members of the Gram Panchayat and such officers and other employees whose services may be placed at the disposal of the Gram Panchayat by the State Government;

(d) operate jointly with the Sachiva of the Gram Panchayat the funds of the Gram Panchayat including authorization of payment, issue of cheques and refunds;

(e) issue receipts under his signature for money received by him on behalf of the Gram Panchayat;

(f) cause preparation of all statements and reports required by or under this Act;

(g) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat may, by general or special resolution, direct or as the State Government may prescribe.

24. The Up-Sabhapati shall

(a) in the absence of the Sabhapati regulate the meetings or the Gram Panchayat;

(b) exercise such of the Powers and perform such other functions and discharge such, of the duties of the Sabhapati as the Sabhapati ,may, from time to time, delegate to him by order in writing:

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

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

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

26. (1) A Sabhapati or an Up-Sabhapati or a member of a Gram Panchayat may resign his office by notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Sabhapati or the Up-Sabhapati the member 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 by the prescribed : by authority.

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

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

(i) the Sabhapati from his office is under consideration: or

(ii) the Up-Sabhapati from his office is under consideration, he shall not, though present, preside at such meeting and the provisions of Sub section (4) of section 20 shall apply in relation to any such meeting as they apply in relation to a meeting from which the Sabhapati or, as the case may be, the Up-Sabhapati, is absent.

28. (1) In the event of removal of a Sabhapati or an Up-Sabhapati under section 27 or when a vacancy occurs in the office of a Sabhapati or: an Up- Sabhapati by resignation, death or otherwise, the Gram Panchayat shall elect any other Sabhapati or Up-Sabhapati and the person so elected shall take office forthwith and shall hold such office for the unexpired term of office of his predecessor.

(2) No person who has been removed from office under section 27 shal1 be eligible for reelection to the vacancy so caused.

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

(a) after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or

(b) he was disqualified to be a member of the Gram Panchayat at the time of his election; or

(c) he incurs any of the disqualifications mentioned in section 16, after his election as a member of the Gram Panchayat; or

(d) he is absent from three consecutive meetings ,of the Gram Panchayat without the leave of the Gram Panchayat.

(2) Any member of a Gram Panchayat who is removed from his office by the prescribed authority under sub-section (1) may, within a period of thirty days from the date of the order, appeal to the Secretary to the Government of Sikkim in the Rural Development Department who may stay the operation of the order till the disposal or the appeal and may, after giving notice of the appeal to the prescribed authority and after giving the appellant an opportunity of be being heard, modify, set aside or confirm the order.

Explanation:- For the purpose of this sub 'section, the term "Secretary" will mean only the Secretary.

(3) The, order passed by such authority on such appeal shall be final.

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

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

(2) No person who has beer1 removed from his office under section 29 shall be eligible for reelection 10 the vacancy so caused.

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

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

Provided further that where no such person as referred to in the first proviso is available, the Gram Panchayat may appoint Panchayat Assistant appointed by the Secretary to the Government in the Rural Development Department to look after the works or Sachiva.

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

(3) The Sachiva shall be in charge of office of the Gram Panchayat and shall exercise such powers and perform such other functions and discharge such other duties as the State Government may by rules made in this behalf, prescribe.

(4) The term of office of the Sachiva shall, subject to the provisions of section 33 be co-terminus with the term of the Gram Panchayat.

32. A Sachiva of a Gram Panchayat may resign from his office by notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Sachiva shall vacate his office and the casual vacancy shall be deemed to have occurred in such office:

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

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

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

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

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

CHAPTER IV

DUTIES OF GRAM PANCHAYAT

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

(1) sanitation, conservancy and drainage and the prevention of public nuisance

(b) curative and preventive measures in respect of any infectious disease;

(d) maintenance, repair and construction of village wilds and protection thereof thereof;

(e) the removal or encroachments of village roads or public places;

(f) the management of common grazing grounds, burning places and public graveyards;

(g) the supply of any local information which the District Collector or District Development Officer-cum-Panchayat Officer or the Zilla Panchayat may require within the limits of the jurisdiction of the Gram Panchayat;

(h) organizing voluntary labour for community work and works for the upliftment of its areas;

(i) control and administration of the Gram Panchayat Fund established under this Act.

(o) regulation of fairs melas hats and exhibition of local produce and promotion of cottage industries.

(p) assisting residents of the Gram in obtaining loans, its repayment and distribution.

(q) assisting in the implementation of land reform measures

(r) the promotion and encouragement of education including adult education.

(s) such other functions which the State Government may, from time to time.

(j) the imposition, assessment and collection of taxes, fees or rates leviable under this Act;

(k) construction and maintenance of dharmasala:

(l) regulating places for the disposal of dead bodies and carcasses and other offensive matters;

(m) assisting the development of agriculture, forestry, animal husbandry, poultry, fisheries, village and cottage industries and co-operative;

(n) registering births, deaths and marriages and annually submitting such records to the Zilla Panchayat;

(o) maintenance of such records relating to cattle census, population census, crop census and census of unemployed persons and such other statistics as may be required and annually submitting such records to the Zilla Panchayat;

(p) regulating inflow of animals within the area and their transfer;

(q) destruction and disposal of ownerless and rabid dogs and disposal of unclaimed animals;

(r) maintenance, upkeep and supervision of any building or other property which may be entrusted to it by the State Government for management;

(s) assisting the Zilla Panchayat in preparing development plan of its area;

(t) rendering assistance in extinguishing fire and protecting life and property when fire occurs.

(u) any other local works or service of public utility which is likely to promote the health, comfort, convenience or material prosperity of the public not otherwise, provided for in this Act;

(v) such other duties as may be entrusted to it by the 'State Government from time to time.

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

(a) primary, social technical or vocational education

(b) rural dispensaries health centres, maternity and child welfare centres

(d) grow more food campaign;

(e) care of the infirm and destitute;

(f) rehabilitation or displaced persons;

(g) improved breeding of cattle, medical treatment of cattle and prevention of cattle disease

(h) its acting as a channel through which Government assistance should reach the residents of the Gram;

(i) bringing private waste land under cultivation

(j) promotion of plantations in the Gram;

(k) arranging for cultivation of land lying fal1ow;

(l) arranging for co-operative management of resources of the Gram;

(m) implementation of such schemes as may be formulated by the State Government; .

(n) field publicity of matters connected with development works and other welfare works under taken by the Government.

CHAPTER V

PROPERTY AND FUND

36. All property within the limits of the jurisdiction of a Gram Panchayat other than property maintained by the Central or the State Government or a local authority or any other Gram Panchayat shall vest in and belong to the Gram Panchayat and shall with all other property of whatsoever nature or kind which may become vested in the Gram Panchayat, be under its direction, management and control.

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

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

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

(4) No compensation other than the amount paid by the Gram Panchayat for such transfer and the market value of any building or 'works erected or executed on such property by the Gram Panchayat at the time of resumption shall be payable. Any 'sum so received shall be credited to the Gram Panchayat Fund.

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

39. (1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of Gram Panchayat on the basis of the: review and recommendations made by the State Finance Commission' and there shall be placed to the credit hereof -

(a) contributions and grants, if any, made by the Central or the State Government

(b) contributions and grants, if any, made by a Zilla Panchayat or any other local authority;

(d) all receipts on accounts or taxes, rates and fees levied by the Gram Panchayat;

(e) all sums received by contribution;

(f) all other sums received by or behalf of the Gram Panchayat; by order in writing, entrust to such Gram Panchayat which in its opinion to promote directly or indirectly the welfare; of the public.

(2) If the State Government is of opinion that a Gram Panchayat has persistently made default in the performance of any of the functions assigned to it under sub-section (1), the State Government may, after recording its reasons withdraw such functions from such Gram Panchayat.

(3) Where the State Government assigns any functions to a Gram Panchayat 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 functions.

(d) a fee for temporary erection on, or putting lip projections over, or temporary occupation of, any village road or place;

(e) a fee on private latrines, premises or compound cleaned by the Gram Panchayat agency;

(f) a fee for grazing cattle on grazing lands vested in a Gram Panchayat;

(g) a fee on the registration of animals sold in any market or place belonging to or under the control of the Gram Panchayat;

(h) a market fee on 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 Dharmasalas and camping grounds;

(j) a fee for drainage where system of drainage has been introduced by the Gram Panchayat;

(k) a temporary tax for special works of public utility;

(l) a tax on houses.

(2) The Gram Panchayat shall not levy taxes, rates or fees referred to in subsection (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.

41. (1) The State Government may, in the manner specified in the notification, regulate the imposition, assessment and collection of taxes, rates and fees under section 40.

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

42. An appeal against the levy of any tax, rate or fee under section 40 may be preferred to the prescribed authority in such manner and within such time as may be prescribed and the decision of such authority shall be final.

(g) such percentage of the land revenue collected by it may be collected by the State Government.

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

(3) Every 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 shall 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 Panchayat Fund shall be signed by the Sabhapati or in his absence by the Up-Sabhapati.

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

(a) a tax on fairs, melas, hats and other entertainments;

(b) a general sanitation tax for the construction or maintenance or both the construction and maintenance of public latrines and for the removal and disposal of refuse;

43. Any arrear of tax, rate or fee levied under section 40 shall be recoverable as arrears of land revenue or public demand If the Gram Panchayat passes a resolution to that effect and communicates it to the District Collector.

CHAPTER VI

CONSTITUTION OF ZILLA PANCHAYAT

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

(2) For the purpose of electing members as referred to in sub-section (I), the State Government may, by notification, divide the district into territorial constituencies and determine the number of members to be elected from each such constituency:

Provided that the number of members to be elected in each constituency shall, as far as practicable, be in the same proportion to be total number of persons to be elected for the Zilla Panchayat as the population of the constituency bears to the total population of the Zilla Pancbayat area.

50. (1) A Zilla Panchayat shall, subject to the provisions of sub-section (4), consist of the following members, namely:-

(a) directly elected members from the territoria1 constituencies in the district;

(b) Sabhapatis of the Gram Panchayats within the district;

(c) Members of both the houses of Parliament and the Legislative Assembly of the State elected from a constituency comprising the district or any part thereof.

(2) Each constituency will elect one or more members through direct election in such manner as may be prescribed.

(3) The term of office or the members of Zilla Panchayat shall, subject to the

44. (1) The District Collector, on receipt or such communication of the sum recoverable under section43 on

being satisfied with the demand, shall proceed to recover. it. ,

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

Panchayat Fund.

45. (I) If on a complaint made . to it or otherwise it appears to the State Government that any tax, rate or

fee levied by a Gram Panchayat is excessive, it may, after calling for a report from the Gram Panchayat in

this regard, abolish, suspend or reduce the amount of any such tax, rate or fee.

(2) The State Government may, on its own motion or otherwise after giving the Gram Panchayat an

opportunity or expressing its view in the matter, by order, exempt

from the payment of any tax in whole or in Part- .

(a) any persons or class of persons; or

(b) any property or description or properties subject to such conditions as may be specified in such

order.

46. (1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare each

year a budget of its estimated receipts and disbursements for the following year and shall submit the

budget to, the Slate Government for :approval through the Zilla Panchayat of the District concerned.

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

47. .A Gram Panchayat may prepare in each year supplementary estimate providing for any modification of

its budget and submit it to the State ,Government for approval. through the Zilla Panchayat of 'the District

concerned within, such time and in such manner as may be prescribed.

48. (1) Accounts of receipt and expenditure of every Gram Panchayat shall be maintained in such forms and in such manner as may be prescribed.

(2) An Officer not below the rank of Chief Accounts Officer of the Sikkim State Finance and Accounts Service appointed by the State Government shall audit accounts of the Gram Panchayat as soon as may be after the end of each financial year in the manner provided under Chapter IX of this Act.

CHAPTER VI

CONSTITUTION OF ZILLA PANCHAYAT

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

50. (1) A Zilla Panchayat shall, subject to the provisions of sub-section (4), consist of the following members, namely:-

(a) directly elected members from the territorial constituencies in the district;

(b) Sabhapatis of the Gram Panchayats within the district;

(c) Members of both the houses of Parliament and the Legislative Assembly of the State elected from a constituency comprising the district or any part thereof.

(2) Each constituency will elect one or more members through direct election in such manner as may be prescribed.

(3) The term of office or the members of Zilla Panchayat shall, subject to the provisions or section 64 be co-terminus with the term of the Zilla Panchayat.

(1) The State Government shall, by notification, reserve seats for the Scheduled Castes and the Scheduled tribes in every Zilla Panchayat and the number of seats so, reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled up by direct-election in that Panchayat as, the population or the Scheduled Castes in that the Panchayat area or of the Scheduled Tribes in that Panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Zilla Panchayat in such manner as may be prescribed.

(5) Not less than one third of the total number or seats reserved under sub-section (4) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(6) Not less than one-third (including the number or scats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled up by direct election in every Zilla Panchayat shall be reserved for women and such seats may be allotted by rotation to diffirent constituencies in a ZilIa Panchayat in such manner as may be prescribed.

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

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

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

52. (I) Every Zilla Panchayat shall as otherwise provided in this Act, shall continue for five years from the date appointed for its first meeting and no longer.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Zilla Panchayat, which is functioning immediately before such amendment, till the expiration of its duration specified in sub-section (1).

(3) An election to constitute a Zilla Panchayat shall be completed –

(a) before the expiry of its duration specified in sub-section (1)

(b) in case of dissolution, before the expiration of a period of six months from the date of such dissolution:

Provided that where the remainder or the period for which the dissolved Zilla Panchayat would have-continued is less than six months, it shall be not necessary to hold any election under this clause for constituting the Zilla Panchayat for such period.

(4) Zilla Panchayat constituted upon the dissolution of a Zilla Panchayat before the exploitation or its duration shall continue only for the remainder of the period for which the dissolved Zilla Panchaayat would have continued under sub-section (1) had it not been so dissolved.

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

53. The provisions of section 16 relating to disqualification of members of Gram Panchayat shall, mutatis-mutandis be applicable to the elected members of the Zilla Panchayat also.

54. (1) Every Zilla Panchayat shall, at its first meeting at which a quorum is present elect in such manner as the State Government may, by notification specify, one of its members to be the Adhakshya and another member to be U p-Adhakshya of the Zilla Panchayat:

Provided that the members refuse to in clause (c) or sub-section (1) of section 50 shall nor be eligible for such election, nor shall they have any voting right thereof.

(2)The State Government shall, by notification, reserve.

(a) such number of offices of Adhakshya and Up-Adhakshya of Zilla Panchayat in the State for the persons belonging to the Scheduled Castes and the 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 the population 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-Adhakshya 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 Panchayat.

Explanation:- For the removal of doubt. it is hereby declared that the principle of rotation 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, resignation, 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 Adhakshay until a new Adhakshya is elected and assumes 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, resignation, removal or otherwise; or

(b) the Up-Adhakshya is, by reason of leave, illness or other cause, temporarily unable to act, the Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Up-Adhakshya until a new Up-Adhakshya is elected and assumes office or until the Up-Adhakshya resumes his duties, as the case may be,

(6) When the offices of the Adhakshya and the Up-Adhakshya are both vacant or the Adhakshya and the Up-Adhakshya are temporarily unable to act, the prescribed authority 'may appoint an Adhakshya and an Up Adhakshya from among the members of the Zilla Panchayat to act as such until an Adhakshya or an Up-Adhakshya are elected and assume office or resume his duties , as the case may be.

55. Every election or nomination of an Adhakshya, an Up-Adhakshya and members of a Zilla Panchayat shall be published by the State Government by notification and such persons shall enter upon their respective offices from the date of such publication. ;

56. (1) Notwithstanding any vacancy in the membership of the Zilla Panchayat, the prescribed authority shall as soon may be (but before the expiration of thirty days from the date of publication of the notification under section 55) call a meeting of the members of a Zilla Panchayat at such place and at such time as he may fix for electing an Adhakshya and Up-Adhakshya.

(2) The meeting to be held under sub-section (1) shall be called the first meeting of the Zilla Panchayat and may be convened by the prescribed authority in such manner as may be prescribed.;

57. (1) Every Zilla Panchayat shall hold a meeting for transaction of its business' at least once. In every three months at the office of the Zilla Panchayat or such place within the local limits of the district concerned and at such time as the Adhakshya of the Zilla Panchayat may fix.

(2) The Adhakshya may, whenever he thinks fit in the public interest or shall upon a written requisition of not less than one half of the total number of members of the Zilla Panchayat or if directed by the Secretary to the Government in the Rural Development Department call a special meeting of the Zilla Panchayat within a period of ten days from the date or receipt of the requisition or direction, as the case may be.

Provided that if the Adhakshya fails to call such special meeting within the specified period from the date of receipt of requisition or direction, as the case maybe, the Secretary to the Government in the Rural Development Department may call such meeting which shall be held at such time 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 a quorum for a meeting of the Zilla Panchayat:

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 Panchayat 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 a Zilla Panchayat shall, unless otherwise specifically provided under this Act, be decided by a majority of votes of the 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 coming up for consideration at a meeting of Zilla Panchayat if the question is one in which he has any direct or indirect pecuniary interest other than an interest as a member of the public.

(7) If it appears to any member present at a meeting that the person presiding at the meeting has any such pecuniary interest in any matter before the meeting for discussion or any question coming up for consideration as referred to in sub-section (6) and a motion brought by him to that effect is 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 particular matter.

58. No subject once finally disposed of by the Zilla Panchayat shall be reconsidered by it within six months unless the recorded consent of not less than one half of members has been obtained therefor.

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

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

Provided further that if the Adhakshya thinks that a situation has arisen for which an emergent meeting of the Zilla Panchayat should be called, he may call such meeting after giving three days notice to the members:

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

(2) The business of the Zilla Panchayat shall be transacted in the language spoken and understood by the members.

3) Minutes or-the proceedings of each meeting of the Zilla Panchayat shall be recorded in a book to be kept for this purpose and shall be read out and signed by the Adhakshya of the meeting before the meeting disperses.

(4) The Sachiva of a Zilla Panchayat shall, within a week after meeting of the Zilla Panchayat send copies of minutes of every such meeting to the District Development Officer-cum-Panchayat Officer and the Secretary.

60. The Adhakshya shall

(a) regulate the meetings of the Zilla Panchayat;

(b) be responsible for the maintenance of record and registers of the Zilla Panchayat;

(c) exercise supervision and control over the act done and action taken by the members of the Zilla Panchayat and such officers and such other employees whose services may be placed at the disposal of the Zilla Panchayat by the State Government;

(d) operate jointly with the Sachiva of the Zilla Panchayat the Fund of the Zilla Panchayat including authorization of payment and refunds;

(e) cause to issue receipts under his signature or signature of Sachiva for sums of money received by him for and on behalf of the Zilla Panchayat;

(f) cause preparation of all statements and reports by or under this Act.

(g) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Panchayat may, by general or special resolution, direct or as the State Government may, by order specify:

Provided that the Adhakshya shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised 'or, performed or discharged by the Zilla Panchayat at a meeting.

61. The Up-Adhakshya shall.

(a) in the absence of the Adhakshya, preside over and regulate the meetings of the Zilla Panchayat.

(b) exercise such of the powers, perform such of the functions and discharge such of the duties of the Adhakshya as the Adhakshya may from time to time, delegate to him by order in writing.

Provided that the Adhakshya may at the withdraw all or any of the powers, functions and duties so delegate to the Up Adhakshya.

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

62. At a meeting of a Zilla Panchayat, a member may move any resolution and put questions to the Adhakshya or Up Adhakshya, as the case may be, on matters connected with the administration of Zilla panchayat or execution of rural works or schemes entrusted to or undertaken by such Zilla Panchayat

63 (1) An Adhakshya or a Up Adhakshya or a member of a Zilla Panchayat may resign his office by notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Adhakshya or the Up Adhakshya or the member shall vacate his office and casual vacancy shall be deemed to have been recovered in such office Provided that a person tendering resignation may withdraw his resignation before it is accepted

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

64 (1) An Adhakshya or an Up-Adhakshya may, at any time, be removed from office by a resolution of the Zilla Panchayat present and voting at a meeting specially convened for the purpose Notice of such meeting shall be given to the prescribed authority Provided that any such meeting while passing any resolution for the removal Adhakshya of the meeting before the meeting disperses

60. The Adhakshya shall

(a) regulate the meetings of the Zilla Panchayat;

(b) be responsible for the maintenance of record and registers of the Zilla Panchayat;

(d) operate jointly with the Sachiva of the Zilla Panchayat the Fund of the Zilla Panchayat including authorization of payment and refunds;

(e) cause to issue receipts under his signature or signature of Sachiva for sums of money received by him for and on behalf of the Zilla Panchayat;

(f) cause preparation of all statements and reports by or under this Act.

61. The Up-Adhakshya shall -

(a) in the absence of the Adhakshya, preside over and regulate the meetings of the Zilla Panchayat

(b) exercise such of the powers, perform such of the functions and discharge such of the duties of the Adhakshya as the Adhakshya may from time to time, delegate to him by order in writing.:

Provided that the Adhakshya may at :the withdraw all or any of the powers, functions and duties so delegate to the Up Adhakshya.

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

62. At a meeting of a Zilla Panchayat, a member may move any resolution and put questions to the Adhakshya or Up Adhakshya, as the case may be on matters connected with the administration of Zilla panchayat or execution of rural works or schemes entrusted to or undertaken by such Zilla Panchayat

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

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

64 (1) An Adhakshya or an Up Adhakshya may, at any time, be removed from office by a resolution of the Zilla Panchayat present and voting at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority.

Provided that any such meeting while passing any resolution for the removal –

(i) the Adhakshya from his office is under consideration; or

(ii) the Up-Adhakshya from his office is under consideration, he shall not, though he is present, preside at such meeting and the provisions of subsection (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 reelection to the vacancy so caused.

65. In the event of removal of an Adhakshya or an Up-Adhakshya under section 64 or when a vacancy occurs in the office of the Adhakshya or Up-Adhakshya by resignation, death or otherwise, the Zilla Panchayat shall elect another Adhakshya or Up Adhakshya, as the case may be. The person so elected shall take office forth with and shall hold office for the unexpired term .of office of his predecessor.

66. (1) The prescribed authority may, after giving an opportunity to a member of a Zilla Panchayat other than a member specified under clause (c) of sub section (1) of section 50 to show cause against action proposed to be taken against him, by order, remove him from office if –

(a) after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or

(b) he was disqualified to be member of the Zilla Panchayat at the time of his election; or

(c) he incurs any of the disqualifications specified in section 16 except clauses (e) and (f) after his election as a member of the Zilla Panchayat; or

(d) he is absent from three consecutive meetings of the Zilla Panchayat without the leave of the Zilla Panchayat provided he is not an ex-officio member of the Zilla Panchayat under clause (c) of sub-section (1) of section 50.

(2) Any member of a Zilla Panchayat who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to the Secretary to the Government in the Rural Development Department, who may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority and after giving the appellant an opportunity’ of being heard, modify, set aside or confirm the order.

Explanation:- For the purpose of this sub-section, the term "Secretary" will mean only the Secretary.

(3) The order passed by such authority on such appeal shall be final.

(4) If a member of a Zilla Panchayat referred to in clause (c) of sub-section (1)of section 50 ceases to be the member of the Parliament or as the case may be, member of the Legislative Assembly of the State, he shall cease to be the member of the Zilla Panchayat and the newly elected person shall become the member of the Zilla Panchayat.

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

(2) No person who has been removed from his office under section 66 shall be eligible for re election to the vacancy so called.

68. (I) There shall be a Sachiva for a Zilla Panchayat appointed by the State Government on such terms and conditions as may be specified.

(2) The Sachiva shall have authority to supervise all records of every, Gram Panchayat falling under the jurisdiction of a Zilla Panchayat of the concerned district.

(3) The Sachiva shall be in charge of the office of the Zilla Panchayat and shall discharge such duties and perform such functions as may be prescribed.

CHAPTER VII

POWERS AND DUTIES OF ZILLA PANCHAYAT

69. (1) Subject to any general or special directions of the State Government, a Zilla Panchayat shall have power in respect of.

(a) regulating melas or hats within its local limits;

(b) construction and maintenance of Panchayat Ghars, Dharamsalas 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 there from for irrigation purposes;

(d) regulating supply of water for irrigation or drinking water supply schemes constructed by the Government and entrusted to it for maintenance and repairs;

(e) regulating, maintaining and developing of lands vested in, it by the State Government;

(f) organizing plantation programme in the public land, road sides and such other places as may be specified for promotion of ,social forestry and environmental . conservation and maintaining and regulating of such forests;

(g) establishing and maintaining primary schools and organizing adult education centres;

(h) establishing health centres and maternity and child welfare centres;

(i) managing or maintaining any works of public utility and adopting measures for the relief of distress;

j) preparing plans for all round development or the district after ,obtaining previous approval of the State Government and with such technical assistance as may be made available by the State Government;

(k) co-coordinating and integrating the development plans and schemes prepared by Gram Panchayats .within its jurisdiction;

(l) fulfilling any other obligation imposed by or under this Act or by any other law for the time being in force or by general or special order of the State Government in this behalf.

70. (1) Subject to such condition as may be imposed by the State Government, a Zilla' Panchayat may, if the

State Government so directs make provisions for –

(a) the promotion of opportunity. of employment through community farming by organizing model agriculture or dairy farms and small scale village industries;

(b) the organisation and maintenance of clubs and other places for recreation (c) establishment and maintenance of library or reading rooms and public radio listening centres;

(d) construction and maintenance of destitute homes, slaughter houses and encamping grounds;

(e) rendering assistance in extinguishing fire and protecting life and property when fire occurs;

(f) assisting in the prevention of burglary and dacoity;

(g) the promotion of socio-cultural and communal harmony;

(h) the promotion of agriculture and allied activities connected with it; .

(i) any other local work or service of public utility which is likely to promote.

The health, comfort, convenience or material prosperity of the public and otherwise provided for in this Act.

(2) Where the State Government directs a Zilla 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 Panchayat 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 Gram unless the 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 give 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. ..

71. The Zilla Panchayats of two or more adjacent districts may jointly undertake and execute at common cost any development schemes or project on such terms and conditions as may be agreed upon, and in case of any difference as to the interpretation of such terms and conditions the matter shall be referred to the State Government whose decision shall be final.

72. A Zilla Panchayat shall exercise, general powers of supervision over Gram Panchayats in the district and it shall be the' duty of Gram Panchayat to give effect to any direction of the Zilla Panchayat on matters of policy or planning for development.

CHAPTER VIII

PROPERTY AND FUND OF ZILLA PANCHAYAT

73. All roads, buildings or other works constructed by a Zilla Panchayat with its own funds shall vest in it.

74. (1) The State Government may allocate to a Zilla Panchayat any public property of whatsoever nature or kind situated within its local limits, and thereupon, such property shall vest in and come under the control of the Zilla Panchayat.

(2) No property vested in or belonging to a Zilla Panchayat shall be transferred by way of sale, gift, mortgage, exchange or lease without the previous sanction of-the State Government.

(3) Where the State Government is of opinion that any property vested in or belonging to a Zilla Panchayat is required for the purpose of any National or State Development planar for any other public purpose, the State Government may resume such property and upon such resumption the property shall cease to vest in the Zilla Panchayat and shall re-vest in the State Government. .

(4) No compensation other than the amount paid by the Zilla Panchayat for such transfer and the market value of any building or works erected or executed on such property by the Zilla Panchayat at the time of such resumption shall be payable. Any sum so received shall be credited to the Zilla Panchayat Fund.

75. Where a Zilla Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and. if it fails to reach an agreement it may make an application to the District Collector for the acquisition of the land, who may, if he is satisfied that the land i s required for a public purpose take steps to acquire the land under the provisions of .the Sikkim Land (Requisition and Acquisition) Act 1977.

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

(a) contribution and grants, if any, made by the Central or the State Government including such portion of land 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;

(d) proceeds of collection of revenues in respect of schemes, projects and other properties undertaken or vested in the Zilla Panchayat by the Government at such rates as may be determined by the State Government;

(e) such rates, fees, taxes, as may be imposed and realized under the provisions of this Act;

(f) such sums received from the Government for fulfilling duties and obligations entrusted to the Zilla Panchayat by the State Government;

(g) all other sums received 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 sums as the State Government may, by' order, specify for carrying out the purpose of this Act.

(4) The Zilla Panchayat Fund shall be vested in the Zilla Panchayat and the amount standing to the credit or the Fund shall be kept in such custody or invested in such manner as the: State Government may, from time to time, direct.

(5) Notwithstanding anything contained in clause (d) of section 60 but subject to such general control as the Zilla Panchayat may exercise from time-to time, orders and cheques for payment from the Zilla Panchayat Fund shall be signed by the Sachiva.

77. (1) Subject to the maximal rates which may be fixed by the State Government, a Zilla Pancbayat may levy following taxes, rates and fees, namely:

(a) a tax 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 pulling up projections over, or temporary occupation of any village road or place;

(e) a fee on private latrines, premises or compounds cleaned by the Zilla Panchayat agency;

(f) a fee for grazing cattle on the grazing lands vested in a Zilla Panchayat;

(g) a fee on the registration of animals sold in any market or place belonging to or under the control of the Zilla Panchayat;

(h) a market fee on persons 'exposing goods for sale in any market or at any place or in any building or structure therein belonging to or under the control of the Zilla Panchayat;

(i) a fee for the use of dharamasalas, rest houses; slaughter houses and encamping grounds;

(j) a fee for drainage where system of drainage has been introduced by the Zilla Panchayat;

(k) a temporary tax for special works of public utility.

(2) The Zilla Panchayat shall not levy taxes, rates or fees referred to in sub-section (1) if such taxes, rates or fees have already been levied by the State Government or any other authority under any law for the time being in force or by any other local authority authorised by the State Government.

78. (1) The State Government may make rules to regulate the imposition, assessment to, and collection of taxes, rates and fees under section 77.

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

79. An appeal against any tax, rate or fee under section 77 may be preferred to the prescribed authority in such manner and within such time as may be prescribed and the decision of such authority shall be final.

80. Any arrear of tax, rate or fee imposed under section 80 shall be recoverable, as arrears of land revenue or public demand if the Zilla Panchayat passes a resolution to that effect and communicates it to the District Collector:

81. (1) The District Collector on receipt of communication under section 77 and on being satisfied with the demand shall proceed to recover it.

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

82. (1) If on a complaint made to it or otherwise, it appears to the State Government that any tax, rate or fee imposed by a Zilla Panchayat, is excessive, it may, after calling a report from the Zilla Panchayat in this regard, abolish or suspend or reduce the amount of any tax, rate or' fee, as the case may be.

(2) The State Government may on its own motion or otherwise, after giving the Zilla Panchayat an opportunity of expressing its view in the matter, by order, exempt -

(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.

83. (1) Every Zilla Panchayat shall at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and expenditure for the next financial year and submit it to the State Government for approval.

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

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

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

CHAPTER IX

AUDIT OF ACCOUNT OF GRAM AND ZILLA PANCHAYAT FUNDS

86. The accounts of the fund of a Gram Panchayat or Zilla Panchayat shall be examined and audited by the auditor appointed under sub-section (2) of section 148 at such place and in such manner its may be prescribed.

87. The Sabhapati or, as the case may be the Adhyakshya shall produce, or cause to be produced to the auditor all such accounts of the Fund of the Gram Panchayat or the Zilla Panchayat concerned as may be required by the auditor.

88. For the purposes of an audit under this Act an auditor may -

(a) require in writing the production before him of any document or the supply of any information which he considers to be necessary for the proper conduct of the audit;

(b) require in writing the personal .appearance before him of any person accountable for, or having the custody or control of, any such document or having, directly or indirectly, whether by himself or his partner, if any share or interest in any contract made with, by or on behalf of, the members of the Gram Panchayat or the Zilla Panchayat concerned.

(c) require any person so appearing before him to make and sign a declaration in respect of any such document or to answer any question or prepare and submit any statement;

(d) in the event of an explanation being required from the Adhakshya 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.

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 a court, be punishable with a fine which may extend to two thousand rupees in respect of each item included in the requisition.

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 Sabhapati, the Adhakshya, as the case may be, of the Gram Panchayat or the Zilla Panchayat and to the State Government.

(2) The auditor shall append to his report a statement showing- ,

(a). the grants-in-aid received by the Gram Panchayats or the Zilla Panchayat and the expenditure incurred there from

(b) any material impropriety or irregularity: which he, may observe in the expenditure or in the recovery of; money due to the Gram Panchayats or the Zilla' Panchayat or in the account of the Gram Panchayats, or the Zilla Panchayat Fund;

91. (1) Within two months from the date of receipt of the report referred to in section 90, the Gram Panchayat or the Zilla Panchayat concerned shall, at a meeting, remove or cause to be removed any defector irregularity pointed out in the report and shall also inform the auditor of the action taken by it. The Gram Panchayat or the Zilla Panchayat concerned shall give reasons or explanations if any defect or irregularity is not removed.

(2) If, within the period referred to in sub-section, (1), no information, is received by the auditor from the Gram Panchayat or the Zilla Panchayat concerned or if the reasons or explanations given by it for not removing any defect or irregularity pointed out in the report is not considered sufficient by the auditor, the auditor shall if he has not already exercised or does not propose to exercise the powers conferred upon him by section 92 refer the matter to the State Government within such time and in such manner as the State Government may 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 Gram Panchayat 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 Panchayat concerned.

92. (1) The auditor, after giving the person concerned an opportunity to submit an explanation within a time to be specified by him and after considering such explanation, shall disallow even' item of account contrary to law and surcharge the same on the making or authorizing the making of the illegal payments and shall charge against any person responsible for the amount of any loss incurred by the negligence or misconduct of that person and shall, in every such case certify the amounts due from such person

Provided that the Auditor may in his discretion waive the surcharge or charge in cases when the amount involved does not exceed fifty rupees.

(2) For the purposes of this section any member of Gram Panchayat or Zilla Panchayat, as the case may be, who is present at a meeting at which a motion or resolution is passed authorizing any expenditure which is subsequently disallowed under subsection (I) or. authorizing any action which results in any such expenditure, shall be deemed to be a person authorizing such expenditure if dissent is not recorded in the proceedings. All such persons shall be held jointly and severally liable for such expenditure.

(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 a certificate of the amount due and a copy of the reasons for his decision to the person in respect of whom the certificate is made, and shall also furnish copies thereof to the 'Sabhapati or Adhakshya, as the case may be, and the State Government.

(4) The Stale Government may, of its own motion and within one year from the receipt by it of the copy of the certificate set aside or modify any disallowance, surcharge or charge and any certificate in respect there of made by the auditor.

93. (1) Any person from whom any sum has been certified by the auditor to be due under section 92 may, within thirty days of the receipt by him of the certificate, appeal to the State Government to set aside or modify 'the disallowance, surcharge or charge in respect of which the certificate was made and the State Government may pass thereon such orders as it thinks fit, and such orders shall be final.

(2) Where a person referred to in sub-section (2) of section 92 who has been surcharged as authorizing an illegal expenditure, appeals to the State Government under this section, the State government shall set aside such large if it is proved to its satisfaction that such person voted for the resolution or motion in good faith.

94. (1) The sum certified by the auditor to be due from any person under section 92 or when an appeal is made under sub-section (1) of section 93, such sum as may be' ordered by the State Government to be due from such person shall, within two months of the date of certification, or-order, as the case may be, be paid by such person to the Gram Panchayat or the Zilla Panchayat concerned which 'shall credit the sum to the Fund of the Gram Panchayat or the Zilla Panchayat concerned.

(2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable and arrears of land revenue if the Gram Panchayat or the Zilla Panchayat, as the case may, passes a resolution to that effect and communicates it to the District Collector.

(3) The District Collector on' receipt of such communication under sub-section (2) and on being satisfied with the demand, shall proceed to recover it as soon as may be and the sum 'so recovered by him shall be sent to the Gram Panchayat or Zilla Panchayat concerned and the same shall be credited to the Fund of the Gram Panchayat and or the Zilla Panchayat concerned.

95. (1) All expenses incurred by the Gram Panchayat or the Zilla Panchayat concerned in complying with any requisition of the auditor under section 88 and in prosecuting an offender under section 89 shall be paid from the Fund of the Gram Panchayat or the Zilla Panchayat concerned.

(2) All expenses incurred by the District Collector in connection with the proceedings for recovery of any sum under sub-section (3) of section 94 from a person, if not recovered from. the person, shall be paid from The Fund of the Gram Panchayat or the Zilla Panchayat concerned.

CHAPTER X

CONSTITUTION OF THE STATE FINANCE COMMISSION

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.

97. The Chairman of the Commission shall be selected from among persons who have had experience in public affairs of the State and the two other members shall be selected from among persons who -

(a) are, or have been or are qualified to be appointed as Judges of a High Court; or

(b) have special knowledge of the finances and accounts of the State Government; or

(d) have special knowledge of economics,

98. Before appointing a person to be a member of the, Commission, the Governor shall satisfy himself that the person will have no such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission, and the Governor shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is, or whom the Governor proposes to appoint to be a member of the Commission shall, whenever required by the Governor to do so, furnish to 'him such information as the Governor considers necessary for the performance by him of his duties under this section. :

99. A person shall be disqualified for being appointed as or for being a member of the Commission if he

(a) is of unsound mind;

(b) is an undischarged insolvent;

(d) has such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission.

100. 'Every member of the Commission shall hold office for such period, as may be specified in the order of the Governor appointing him, but shall be eligible for re-appointment:

Provided that he may, by a letter addressed to the Governor, resign his office.

101. The members of the Commission shall render whole-time or part-time service to the Commission as the Governor may in each case specify, and there shall be paid to the members or the Commission such salaries and such allowances as may be prescribed.

102. The Commission shall determine their procedure and in the performance of their function shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:-

(a) summoning and enforcing the :attendance of witnesses;

(b) requiring the production or any documents;

(d) such other powers as may be prescribed.

CHAPTER XI

STATE ELECTION COMMISSION

103. (I) The superintendence, direction and control of the preparation of electoral rolls for and conduct of, all elections to the Gram Panchayat and Zilla Panchayat shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) The conditions of service and tenure of office of the Stale Election Commissioner shall be such as the Governor may by rule, determine:

Provided that the Slate Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Governor shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on it under sub-section (1).

CHAPTER XII

MISCELLANEOUS

104. Every member of a Gram Panchayat or of Zilla Panchayat other than a member referred to in clause (c) of sub-section (1) Section 50 shall before taking his office make and subscribe before such authority as may be specified by the State Government in this behalf an oath or affirmation according to the Form set out for the purpose in the Schedule.

105. No act or proceeding of a Gram Panchayat or Zilla Panchayat shall be deemed to be invalid merely by reason of the existence of any vacancy in the Gram Panchayat or Zilla Panchayat, as the case may be, or any defect or irregularity in the constitution thereof.

106. All members', officers and employees of the Gram Panchayat and Zilla Panchayat shall be deemed when acting or purporting to act in pursuance of the discharge of their' duties, or in the exercise of their powers under this Act or under the rules made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.

107. No suit or other legal proceedings shall lie against a Gram Panchayat or Zilla Panchayat or against any member thereof or any officer or any employee for anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

108. If any dispute arises between two or more Gram Panchayat, within the jurisdiction of the same Zilla Panachayat, it shall be referred to the Zilla Panchayat concerned by any party to the dispute and the decision of the Zilla Panchayat thereon shall be final.

(2) If any dispute arises

(a) between a Gram Panchayat within a district on the one side and the Zilla Panchayat of the same district on the other; or

(b) between two or more Zilla Panchayats; or

(c) between one or more Gram Panchayats in one district on the one side and one or more Gram Panchayats in another district on the other; or

(d) between one or more Gram Panchayats in one district on the one side and the Zilla Panchayat of another district on the other; such dispute shall be referred to the State Government by any party to the dispute and the decision of the State Government thereon sha1l be final.

109. (I) The State Government sha1l empower the Secretary to the Government in the Rural Development Department and such other officers as it may consider necessary for the purpose of inspection or superintending the works of all, or class of, Gram Panchayats or Zilla Panchayats.

(2) An officer so empowered to inspect or superintend the works of a Gram Panchayat or Zilla Panchayat may at any time

(a) inspect or cause to be inspected any immovable property used or occupied by the Gram-Panchayat or Zilla Panchayat 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 Panchayat or Zilla Panchayat;

(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 inspection of a Gram Panchayat or Zilla Panchayat is undertaken by any officer referred to in sub-section (1), a report of such inspection shall be submitted by such officer to the State Government as soon as possible but not beyond a period of thirty days after the date of completion of inspection.

110. (1) The State Government may, by order in writing, rescind any resolution passed by a Gram Panchayat or Zilla Panchayat, if in its opinion such resolution -

(a) has not been legally passed; or

(b) is in excess or abuse of the powers conferred by or under this Act or any rules. made thereunder; or

(c) is likely to cause, if executed, danger to human life, health, or safety or is likely to lead to breach of the peace.

(2) The State Government shall, before taking any action under sub-section (1) give the Gram Panchayat or Zilla Panchayat concerned an opportunity of making any presentation against the proposed order.

111. Any officer of the State Government authorised by the State Government in this behalf, shall be entitled to attend meetings' of the Gram Pancbayat or the Zilla Panchayat, as the case may be, for the purpose of furnishing facts, information and technical advice but shall not be entitled to vote at any such meeting.

112. In the discharge of their functions the Gram Panchayat and the Zilla Panchayat shall be guided by such instructions or directions as may be given to them by the State Government from time to time in conformity with the provisions of this Act.

113. (1) The State Government may, notwithstanding anything contained in subsection (2) of section 7; sub-section (4) of section 31 and sub-section (2) of section 54, by an order in writing remove with effect from a date to be specified in the order any Sabhapati or Up-Sabhapati or any Sachiva of Gram Panchayat, any Adhakshya or Up Adhakshya of Zilla Pancbayat from his office, if in its opinion, he wilfully omits or refuses to carry out the provisions of this Act or of any rules or orders made thereunder or abuses the powers vested in him under this Act.

(2) The State Government shall, before making any order under sub-section (1), give to the person concerned all opportunity of making a representation against the proposed order'.

114. If, in the opinion of the State Government, any Gram Panchayat or Zilla Panchayat -

(a) has shown its incompetence to perform or has persistently made default sub-section (I) of section 17;

(iii) manner in which meeting of Gram Panchayat shall be convened after subsection (2) of section...19;

(iv) powers, functions and duties of Sabhapati of Gram Panchayat

(v) power, functions and duties of Sachiva of Gram Panchayat;

(vi) manner in which and time within which an appeal may be made under section 42;

(vii) manner in which and time within which the Budget shall be prepared by Gram Panchayat under section 46;

(viii) manner in which and time within which the supplementary Budget shall be submitted under section 47;

(ix) manner in which accounts shall be kept by Gram Panchayat;

(x) terms and conditions of appointment of Sachiva of Zilla Panchayat;

(xi) duties and functions of Sachiva of Zilla Pancbayat;

(xii) manner in which and time within which appeal may be made under section 79;

(xiii) manner in which and time within which the Budget shall be prepared by Zilla Panchayat under sub-section (1) of section 83;

(xiv) manner in which and time within which, supplementary Budget shall be submitted under section 84;

(xv) manner in which accounts shall be kept by Zilla Panchayat;

(xvi) manner in which, time within which, place whereon and the extent to which accounts of tile Gram Panchayat and Zilla Panchayat shall be examined and audited;

(xvii) manner in which and time within which the matter shall be, referred to the State, Government under sub-section (2) of section 91;

(xviii) manner in which a certificate of the amount due and a copy of reasons thereof shall be sent under sub-section (3) of section 92; .

(xix) manner of superintendence, direction and control of the conduct of election of members of Gram Panchayat;

(xx) manner in which, time within which and the authority to whom the application for questioning the election shall be presented under sub-section (I) of section 119.

(xxi) particulars to be furnished under sub-section, (3) of section 119 (xxii) powers and authority 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.

131. If any difficulty arises in giving effect to the provisions of this. Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

132. On and from the date of commencement of this Act, the Sikkim Panchayat Act, 1982 shall stand repealed and all assets and liabilities of the Gram Panchayats constituted under the repealed Act, 1982 shall stand repealed and all assets and liabilities of the Gram Panchayats or Zilla Panchayats constituted under the repealed Act shall continue to vest in the respective Gram or Zilla Panchayat, as the case may be:

Provided that such repeal shall not effect-

(a) the continuance of the existing Gram Panchayat or the Zilla Panchayat as the case may be, by virtue of the operation of the proviso to Article 243 N of the Constitution; or

(b) the previous operation of the repealed Act or anything duly done or suffered thereunder;

(d) any 'penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act; or :

(e) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and

(f) any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:,

Provided further that subject to the preceding provision anything done or any action taken (including any appointment or delegation made, notification, notice, order, instructions or direction issued rule, regulation form or scheme framed, certificate obtained, permit or licence granted, tax imposed or fee or rates levied) under the repealed Act shall, in so far as It is in force immediately before commencement of this Act and is not inconsistent with the provisions of this Act be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until they are repealed or amended or suspended.

THE SCHEDULE

Form of oath or affirmation to be made by a member of a Gram Panchayat or a Zilla Panchayat.

+Clients Back

+Lawyers

+Law Students

+Law Schools

THE SIKKIM PANGHAYAT ACT, 1993

Lawyers Network

Users

Cities Serving

Law Schools Network

Law Students Network