Keywords : Zila Parishad, Nagar Panchayat, District, Panchayati Raj
Amendment appended: 10 of 2009, 11 of 2011, 7 of 2014, 11 of 2014, 15 of 2015

Chapter I

  1. Short title, extent and commencement — (i) This Act may be called
    the Bihar Panchayat Raj Act, 2006.
    (ii) It shall extends to the whole of the state of Bihar excepting the
    areas to which the provisions of the Patna Municipal Corporation Act, 1951
    (Bihar Act XIII of 1952) or Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of
    1922) or Cantonment Act, 1924 (Act II of 1924) apply.
    (iii) It shall come into force immediately after its notification in the
    Official Gazette.
  2. Definitions — In this Act, unless there is anything repugnant in the subject
    or context,
    (a) “Adhyaksha” means an Adhyaksha of Zila Parishad elected under the
    provisions of this Act;
    (b) “Backward Classes” means and includes the list of Backward Classes
    of citizens specified in Annexure 1 of the Bihar Reservation of
    Vacancies in Posts and Services (for SC, ST and other Backward
    Classes) Act, 1991 (Bihar Act No. -3, 1992);
    (c) “Block” means such local area in a district as the State Government
    may constitute to be a Block;
    (d) “Block Development Officer” means an officer appointed as such by the
    State Government;
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    (e) “Chief Executive Officer” means the Chief Executive Officer of a Zila
    Parishad appointed under the provisions of this Act;
    (f) “Commission” means the State Election Commission constituted under
    Article 243-K read with Article 243-ZA of the Constitution of India.
    (g) “Commissioner” means the Divisional Commissioner or such other
    officer, as may be especially authorised by the State Government to
    discharge the functions of a Commissioner under this Act;
    (h) “Criminal Case” means a criminal proceeding in respect of an offence
    triable by a bench of the Gram Katchahry;
    (i) “District” means a District as notified by the State Government to be a
    district;
    (j) “District Magistrate” means a District Magistrate of a District so
    appointed by the State Government and includes any other officer, who
    may be especially appointed by the State Government to discharge all or
    any of the functions of the District Magistrate under this Act;
    (k) “District Panchayat Raj Officer” means a District Panchayat Raj Officer
    of a district so appointed by the State Government and includes any
    other officer, who may be especially appointed by the State
    Government to discharge all or any of the functions of the District
    Panchayat Raj Officer under this Act;
    (l) “Executive Officer” means an Executive Officer of a Panchayat Samiti;
    (m) “Gram Sabha” means a body consisting of persons registered in the
    electoral rolls relating to a village comprised within the area of the
    Panchayat at the village level;
    (n) “Gram Katchahry” means a Gram Katchahry established under subsection (1) of section 90 of this Act;
    (o) “Government” means the State Government of Bihar;
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    (p) “Member Board of Revenue” means the Member, Board of Revenue or
    such other officer, as may be especially authorised by the State
    Government to perform the functions of a Member, Board of Revenue
    under this Act and includes an Additional Member, Board of Revenue;
    (q) “Member of Gram Panchayat” means an elected member of that
    Panchayat;
    (r) “Mukhiya” means a Mukhiya of Gram Panchayat elected under the
    provisions of this Act;
    (s) “Municipality” means an institution of self-government constituted under
    Article 243-Q of the Constitution of India.
    (t) “Munsif” with reference to a Gram Panchayat means the Munsif having
    local jurisdiction in the area in which such Gram Panchayat is
    constituted and includes a court of small cause cases;
    (u) “Notification” means a notification published in the State or District
    Gazette;
    (v) “Panch of a Gram Katchahry ” means an elected Panch of that Gram
    Katchahry;
    (w) “Panchayat” means an institution of Self-Government constituted under
    Article 243B of the Constitution of India for the rural areas;
    (x) “Panchayat Area” means the territorial area of a Panchayat;
    (y) “Panchayat Samiti” means a Panchayat Samiti constituted for every
    Block under this Act;
    (z) “Panchayat Secretary” means the Secretary of a Gram Panchayat
    appointed under this Act;
    (aa) “Prescribed” means prescribed under this Act or rules or regulations or
    notifications or orders made thereunder;
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    (ab) “Prescribed Authority” means an authority appointed under the
    provisions of this Act or any notification or rules or regulations made
    thereunder, for all or any of the purposes of this Act;
    (ac) “Population” means and includes the population as ascertained at the
    last preceding census of which the relevant figures have been
    published;
    (ad) “Pramukh” means a Pramukh of Panchayat Samiti elected under this
    Act;
    (ae) “Sarpanch” means the Sarpanch of a Gram Katchahry elected under
    this Act;
    (af) “Standing Committee” means a Standing Committee constituted by a
    Zila Parishad or a Panchayat Samiti or a Gram Panchayat under this
    Act;
    (ag) “Subdivisional Magistrate” means a Subdivisional Magistrate of a
    Subdivision so appointed by the State Government and includes any
    other officer, who may be especially authorised by the State
    Government to discharge all or any of the functions of the Subdivisional
    Magistrate under this Act;
    (ah) “Suit” means a suit triable by a bench of the Gram Katchahry;
    (ai)“Up-Adhyaksha” means an Up-Adhyaksha of a Zila Parishad elected
    under this Act;
    (aj)“Up-Mukhiya” means an Up-Mukhiya of a Gram Panchayat elected
    under this Act;
    (ak) “Up-Pramukh” means an Up-Pramukh of a Panchayat Samiti elected
    under this Act;
    (al) “Up-Sarpanch” means an Up-Sarpanch of a Gram Katchahry elected
    under this Act;
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    (am) “Village” means an area defined, surveyed and recorded as
    distinct and separate village in revenue records of the district in which it
    is situated;
    (an) “Zila Parishad” means a Zila Parishad of a district constituted under
    this Act.
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    CHAPTER II
    GRAM SABHA
  3. Period of Meetings — The Gram Sabha shall meet from time to time
    but not more than three months shall intervene in between any two
    meetings.
  4. Convening of Meetings — (1) A notice of the meeting of the Gram
    Sabha shall be pasted in the Office of the Gram Panchayat and the same
    shall be brought to the notice of the public by beat of drum or by any other
    means of publicity as prescribed.
    (2) The procedure for convening and conducting the meetings of the
    Gram Sabha shall be such as may be prescribed.
    (3) It shall be the responsibility of the Mukhiya to convene the meeting of
    the Gram Sabha at regular intervals as specified under the Act. In
    case he fails to convene the meeting as specified, the Executive
    Officer of the Panchayat Samiti may convene such meeting on this
    fact being brought to his notice. The Executive Officer may depute a
    Government servant to be present in such a meeting on his behalf.
  5. Quorum — (1) The Quorum for a meeting shall be one-twentieth of
    the total members of the Gram Sabha.
    (2) If at the time appointed for the meeting a quorum is not complete or if
    the meeting has begun and attention is drawn towards want of
    quorum, the presiding authority shall wait for one hour and if within
    such period there is no quorum, the presiding authority shall adjourn
    the meeting to such time on the following day or such future day as
    he may fix. The business which could not be considered at the
    meeting so postponed for want of quorum shall be brought before and
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    disposed of at the subsequent adjourned meeting or meetings for
    which a quorum of one fortieth of the total members of the Gram
    Sabha shall be required.
  6. Presiding Officer — Every meeting of the Gram Sabha shall be
    presided over by the Mukhiya of the concerned Gram Panchayat and in
    his absence by the Up-Mukhiya.
  7. Matters for Consideration — The Gram Sabha shall consider the
    following matters:–
    (a) The annual statement of accounts of the Gram Panchayat, the report
    of administration of the preceding financial year and the last audit
    note and replies, if any, made thereto;
    (b) The budget of the Gram Panchayat for the next financial year;
    (c) The report in respect of development programmes of the Gram
    Panchayat relating to the preceding year and development
    programmes proposed to be undertaken during the current year;
    (d) Reports of the Vigilance Committee.
  8. Resolution — Any resolution relating to matters entrusted to the Gram
    Sabha under this Act shall have to be passed by a majority of the
    members present and voting in the meeting of the Gram Sabha.
  9. Functions — The Gram Sabha shall perform the following functions :–
    (a) Rendering assistance in the implementation of developmental
    schemes pertaining to the village;
    (b) Identification of beneficiaries for the implementation of developmental
    schemes pertaining to the village :
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    Provided that in case the Gram Sabha fails to identify the
    beneficiaries within a reasonable time, the Gram Panchayat shall
    identify the beneficiaries;
    (c) Procuring voluntary labour and contributions, in kind or in cash or
    both, for community welfare programmes;
    (d) Providing all assistance in the programmes of mass education and
    family welfare within the village;
    (e) Promotion of unity and harmony among all sections of society in the
    village;
    (f) Seeking clarifications from the Mukhiya, Up-Mukhiya and members of
    the Gram Panchayat about any particular activity, scheme, income
    and expenditure; and
    (g) Discussing and recommending appropriate action with regard to
    reports of the Vigilance Committee;
    (h) Such other matters as may be prescribed.
  10. Vigilance Committee — The Gram Sabha may also form one or more
    vigilance committee(s) consisting of persons who are not members of the
    Gram Panchayat, to supervise the Gram Panchayat works, schemes and
    other activities relating to that village and to put up reports related to them
    in its meeting.
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    CHAPTER III
    GRAM PANCHAYAT
  11. Declaration of Gram Panchayat Area — (1) Subject to the general or
    special orders of the Government, the District Magistrate may, by
    notification in the District Gazette, declare any local area comprising a
    village or a group of contiguous villages or part thereof to be a Gram
    Panchayat area with a population within its territory as nearly as seven
    thousand.
    Provided that the District Magistrate may, after consultation with
    the Gram Panchayat concerned, by a notification, at any time, include
    within or exclude from any Gram Panchayat area any village or part
    thereof and alter the name of the Gram Panchayat.
    (2) If the State Election Commission, suo motu or on receipt of a written
    representation from an aggrieved person, is of the opinion that there
    is sufficient reason for doing so, may review the legality and propriety
    of any Gram Panchayat declared under sub-section (1) and may call
    for the relevant records for this purpose, and subject to the provisions
    of this Act, may pass such order which the Commission deems fit and
    proper.
    Provided that after the notification of the date of Panchayat election
    by the Governor under section 124 of the Act, the Commission shall
    not consider any such new case.
    (3) Every Gram Panchayat shall be a body corporate by the name of its
    Gram Panchayat and shall have perpetual succession and a common
    seal and subject to such restrictions as are imposed by or under this
    Act or any other enactment, shall be vested with the capacity of suing
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    or being sued in its corporate name, of acquiring, holding and
    transferring property, movable or immovable, whether without or
    within the limits of the area over which it has authority, or entering into
    contracts and of doing all things necessary, proper and expedient for
    the purpose for which it is constituted.
  12. Composition of Gram Panchayat — (1) The Gram Panchayat shall
    consist of –
    (a) The Mukhiya elected under the provisions of this Act;
    (b) Such number of directly elected members as may be notified
    from time to time by the District Magistrate and each of such
    members representing as nearly as possible a population of five
    hundred of the Panchayat Area.
    (2) For the convenience of election, the District Magistrate shall, in
    accordance with such rules as may be prescribed in this behalf by the
    State Government, divide the area of the Gram Panchayat under the
    direction, control and supervision of the State Election Commission
    into territorial constituencies in such manner that the population of
    each constituency, so far as practicable, be the same throughout the
    Panchayat area.
    (3) One member from each territorial constituency shall be elected
    through direct election in the manner prescribed.
    (4) Every Gram Panchayat constituted under this section shall be notified
    in the District Gazette and shall come into office with effect from the
    date appointed for its first meeting.
  13. Reservation of seats — (1) In every Gram Panchayat, as nearly as but
    not exceeding fifty percent of the total seats of members of Gram
    Panchayat shall be reserved for
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    (a) Scheduled Castes;
    (b) Scheduled Tribes; and
    (c) Backward Classes.
    The number of seats so reserved for Scheduled Castes and
    Scheduled Tribes 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 Gram
    Panchayat as the population of the Scheduled Castes and Scheduled
    Tribes bears to the total population of that area and such seats shall be
    allotted by rotation to different constituencies in a Gram Panchayat by the
    District Magistrate under the direction, control and supervision of the State
    Election Commission in the prescribed manner.
    After reservation of seats for the Scheduled Castes and the
    Scheduled Tribes, the number of seats to be reserved for the Backward
    Classes shall be as nearly as possible but not exceeding twenty percent of the
    total seats and within the overall limit of fifty percent reservation for the
    Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall
    be allotted to the remaining constituencies by the District Magistrate in the
    prescribed manner. Such seats shall be allotted by rotation to different
    constituencies in a Gram Panchayat by the District Magistrate during
    subsequent elections under the direction, control and supervision of the State
    Election Commission in the manner prescribed by it.
    (2) As nearly as but not exceeding fifty percent of the total number of
    seats reserved under Sub-section (1) shall be reserved for women
    belonging to the Scheduled Castes, the Scheduled Tribes and the
    Backward Classes, as the case may be.
    (3) As nearly as but not exceeding fifty percent of the total number of
    seats not reserved for Scheduled Castes, Scheduled Tribes and
    Backward Classes shall be reserved for women.
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    (4) Such total number of seats reserved for women belonging to
    the Scheduled Castes, the Scheduled Tribes, the Backward
    Classes and unreserved category may be allotted by rotation
    by the District Magistrate under the direction, control and
    supervision of the State Election Commission to different
    constituencies in a Gram Panchayat in such manner as may
    be prescribed by it.
    Explanation – For the removal of doubts it is hereby declared that the
    principle of rotation for the purposes of reservation of offices for the Scheduled
    Castes and Scheduled Tribes under this sub-section shall commence from the
    first election held after the commencement of the Bihar Panchayat Raj Act,
    1993.
  14. Duration of Gram Panchayat — (1) Every Gram Panchayat unless
    sooner dissolved under any law for the time being in force 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 Gram Panchayat, which is
    functioning immediately before such amendment, till the expiration of
    its duration specified in clause (1).
    (3) An election to constitute a Gram Panchayat shall be completed –
    (a) Before the expiry of its duration specified in sub-section (1); and
    (b) Before the expiration 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
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    months, it shall not be necessary to hold any election under this subsection 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.
  15. Election of Mukhiya and Up-Mukhiya — (1) A Mukhiya of the Gram
    Panchayat shall be directly elected by the voters enrolled in the voters’ list
    of that Gram Panchayat.
    (2) In the event of vacancy caused by reason of death, resignation,
    disqualification, removal or otherwise of the Mukhiya, the Gram
    Panchayat shall elect another Mukhiya as soon as possible as per the
    provisions of sub-section (1) :
    Provided that if the vacancy in the office of Mukhiya is for less than six
    months, there shall be no election.
    (3) (i) After election every Gram Panchayat shall under the direction,
    control and supervision of State Election Commission, elect in its first
    meeting one Up-Mukhiya from amongst the members elected under
    the provisions of clause (b) of sub-section (1) of section 12 of the Act,
    by a majority of votes.
    (ii) The Mukhiya of the Gram Panchayat shall be a voter in the
    election of Up-Mukhiya.
    (iii) In the case of equality of votes in the election of Up-Mukhiya, the
    result shall be decided by draw of lots.
    (4) (i) In the event of the offices of the Mukhiya and Up-Mukhiya falling
    vacant simultaneously in any Gram Panchayat, the Executive Officer
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    of the concerned Panchayat Samiti shall call a meeting for election of
    Up-Mukhiya within fifteen days of such an eventuality for which a
    notice of at least seven clear days shall be given to the members.
    (ii) The Executive Officer of the concerned Panchayat Samiti shall
    preside over such meeting but he shall not have the right to vote.
    (iii) In the case of equality of votes, the result shall be decided by
    draw of lots.
    (5) Reservation of seats — (i) For the post of Mukhiya, as nearly as but
    not exceeding fifty percent of the total seats of Mukhiya within every
    Panchayat Samiti shall be reserved for :–
    (a) Scheduled Castes;
    (b) Scheduled Tribes; and
    (c) Backward Classes.
    Within every Panchayat Samiti, seats shall be reserved for
    Scheduled Castes and Scheduled Tribes for the posts of Mukhiya
    and the number of seats so reserved shall bear as nearly as possible
    the same proportion to the total number of seats of Mukhiya within the
    said Panchayat Samiti as the population of the Scheduled
    Castes/Scheduled Tribes bears to the proportion of the total
    population of that area and such seats shall be allotted by rotation to
    different Gram Panchayats within the Panchayat Samiti by the District
    Magistrate under the direction, control and supervision of the State
    Election Commission in the prescribed manner.
    After reservation of seats of Mukhiya for the Scheduled Castes and the
    Scheduled Tribes, the number of seats to be reserved for the Backward
    Classes shall be as nearly as possible but not exceeding twenty percent
    of the total seats and within the overall limit of fifty percent reservation for
    15
    the Scheduled Castes, the Scheduled Tribes and the Backward Classes
    and shall be allotted to the remaining Gram Panchayats by the District
    Magistrate in the prescribed manner. Such seats shall be allotted by
    rotation to different Gram Panchayats within a Panchayat Samiti by the
    District Magistrate during subsequent elections under the direction, control
    and supervision of the State Election Commission in the manner
    prescribed by it.
    (ii) As nearly as but not exceeding fifty percent of the total number of
    seats so reserved under Sub-section (i) shall be reserved for
    women belonging to Scheduled Castes, Scheduled Tribes and
    Backward Classes as the case may be.
    (iii) As nearly as but not exceeding fifty percent of the total number of
    seats not reserved for Scheduled Castes, Scheduled Tribes and
    Backward Classes shall be reserved for women.
    (iv) Such total number of seats reserved for women belonging to the
    Scheduled Castes, the Scheduled Tribes, the Backward Classes
    and unreserved category shall be allotted by rotation by the
    District Magistrate under the direction, control and supervision of
    the State Election Commission to different constituencies in a
    Gram Panchayat in such manner as may be prescribed by the
    State Election Commission.
    Explanation – For the removal of doubts it is hereby declared that the
    principle of rotation for the purposes of reservation of offices for the
    Scheduled Castes and Scheduled Tribes under this sub-section shall
    commence from the first election held after the commencement of the
    Bihar Panchayat Raj Act, 1993.
  16. Term of Office of Mukhiya and Up-Mukhiya — The term of office of
    Mukhiya and Up-Mukhiya of the Gram Panchayat shall, save as otherwise
    16
    provided in this Act, cease on the expiry of his term of office as a member
    of the Gram Panchayat.
  17. Powers, Functions and Duties of Mukhiya and Up Mukhiya — (1)
    The Mukhiya shall –
    (a) be responsible for convening the meetings of Gram Sabha and
    shall preside over its meetings;
    (b) be responsible for convening the meeting of Gram Panchayat and
    shall preside over its meetings;
    (c) be responsible for the proper maintenance of the records of the
    Gram Panchayat;
    (d) have the general responsibility for the financial and executive
    administration of the Gram Panchayat.
    (e) exercise administrative control and supervision over the work of
    the employees and officers of the Gram Panchayat and
    employees whose services may be placed at the disposal of the
    Gram Panchayat by any other authority;
    (f) for the transaction of business connected with this Act or for the
    purposes of making any order authorised thereby, exercise such
    powers, perform such functions and discharge such duties as
    may be exercised, performed or discharged by the Gram
    Panchayat under this Act or the rules made thereunder;
    Provided that the Mukhiya shall not exercise such powers or
    perform such functions or discharge such duties as may be
    required by the rules made under this Act to be exercised,
    performed or discharged only by the Gram Panchayat at a
    meeting;
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    (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 Government may,
    by rules made in this behalf, prescribe.
    (2) The Up-Mukhiya shall — (a) exercise such of the powers, perform
    such of the functions and discharge such of the duties of Mukhiya as
    the Mukhiya may from time to time, subject to rules made in this
    behalf by the Government, delegate to him by order in writing :
    Provided that the Mukhiya may at any time withdraw all or any of
    the powers, functions and duties so delegated to the Up-Mukhiya ;
    (b) during the absence of the Mukhiya exercise all the powers, perform
    all the functions and discharge all the duties of the Mukhiya
    Provided that as soon as the Mukhiya returns from
    absence, he will resume the exercise of all such powers and shall
    start performing all the functions and discharging all the duties of
    the Mukhiya;
    (c) 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 Government may,
    by rules made in this behalf, prescribe.
  18. Resignation or Removal of Mukhiya or Up-Mukhiya — (1)The
    Mukhiya/ Up-Mukhiya may resign his office by writing under his hand
    addressed to the District Panchayat Raj Officer.
    (2) Every resignation under Sub-section (1) shall take effect on the expiry
    of seven days from the date of its receipt by the District Panchayat
    Raj Officer, unless within this period of seven days he withdraws such
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    resignation by writing under his hand addressed to the District
    Panchayat Raj Officer.
    (3) Every Up-Mukhiya shall vacate the Office if he ceases to be a
    member of a Gram Panchayat.
    (4) (i) Removal of Mukhiya by no confidence motion—Every Mukhiya shall
    be deemed to have vacated his office forthwith if a resolution
    expressing want of confidence in him is passed by a simple majority
    of the total number of voters of the Gram Panchayat at a meeting
    especially convened for the purpose. The requisition for such a
    special meeting shall be signed by not less than one fifth of the total
    number of voters of the Gram Panchayat and shall be delivered to the
    District Panchayat Raj Officer. The District Panchayat Raj Officer
    shall, within seven days from the date of receipt of the requisition, fix
    a meeting of voters of Gram Panchayat at any place within the Gram
    Panchayat area. The meeting shall be held within 15 days from the
    date of issue of the notice of the meeting. The meeting shall be
    presided over by the District Panchayat Raj Officer :
    Provided that during the first two year period of the tenure, no
    such motion of no confidence shall be moved against the Mukhiya.
    Provided further that if the motion of no confidence against the
    Mukhiya is once rejected, no fresh motion of no confidence against
    the Mukhiya shall be brought within a period of one year from the
    date of such rejection of the motion;
    Provided further that no motion of no confidence against
    Mukhiya shall be brought during the last six months of the term of
    Gram Panchayat.
    (ii) Removal of Up-Mukhiya by no confidence motion—Every UpMukhiya shall be deemed to have vacated his office forthwith if a
    19
    resolution expressing want of confidence in him is passed by a simple
    majority of the total number of elected members of the Gram
    Panchayat and Mukhiya at a meeting especially convened for the
    purpose. The requisition for such a special meeting shall be signed by
    not less than one third of the total number of elected members of the
    Gram Panchayat and shall be delivered to the Mukhiya. The Mukhiya
    shall, within 7 days from the date of receipt of the requisition, convene
    a special meeting of the Gram Panchayat in the office of the Gram
    Panchayat for discussion on the motion and shall also preside over
    the meeting :
    Provided that during the first two year period of the tenure, no
    such motion of no confidence shall be moved against the UpMukhiya.
    Provided further that if the motion of no confidence against the
    Up-Mukhiya is once rejected, no fresh motion of no confidence
    against the Up-Mukhiya shall be brought within a period of one year
    from the date of such rejection of the motion;
    Provided further that no motion of no confidence against UpMukhiya shall be brought during the last six months before the expiry
    of the term of Gram Panchayat.
    (5) Without prejudice to the provisions under this Act, if, in opinion of the
    Commissioner having territorial jurisdiction over the Gram Panchayat,
    a Mukhiya or an Up-Mukhiya of Gram Panchayat absents himself
    without sufficient cause for more than three consecutive meetings or
    sittings or willfully omits or refuses to perform his duties and functions
    under this Act, or abuses the power vested in him or is found to be
    guilty of misconduct in the discharge of his duties or becomes
    physically or mentally incapacitated for performing his duties or is
    20
    absconding being an accused in a criminal case for more than six
    months, the Commissioner may, after giving the Mukhiya or UpMukhiya a reasonable opportunity for explanation, by order, remove
    such Mukhiya or Up-Mukhiya, as the case may be, from office.
    The Mukhiya or Up-Mukhiya so removed shall not be eligible for
    re-election as Mukhiya or Up-Mukhiya or Member of Gram Panchayat
    during the remaining term of office of such Gram Panchayat.
    (6) Appeal shall lie before the Member, Board of Revenue against the
    order of the Commissioner.
  19. Resignation of Members of the Gram Panchayat — A member of Gram
    Panchayat may resign his membership in writing under his hand
    addressed to the Mukhiya of the Gram Panchayat and his Office shall
    become vacant on the expiry of seven days from the date of such
    resignation unless within the said period of seven days, he withdraws
    such resignation by writing under his hand addressed to the Mukhiya.
  20. Meeting of Gram Panchayat — (1) A Gram Panchayat shall meet for the
    transaction of its business at least once in two months at the office of the
    Gram Panchayat and at such date and time as the Mukhiya may
    determine.
    (2) The Mukhiya may, whenever he thinks fit, and shall upon the written
    request of not less than one-third of the total number of elected
    members of the Gram Panchayat, on a date within fifteen days from
    the receipt of such request, call a special meeting.
    (3) Seven clear days’ notice of an ordinary meeting and three clear days’
    notice of a special meeting specifying the place, date and time of
    such meeting and the business to be transacted thereat, shall be
    given by the Panchayat Secretary to the members and to such
    officers as the Government may prescribe, and it shall be affixed on
    the notice board of the Gram Panchayat.
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    (4) The officers to whom notice is given under sub-section (3) and other
    Government Officers having jurisdiction over the Gram Panchayat
    area or any part thereof shall be entitled to attend every meeting of
    the Gram Panchayat and take part in the proceedings but shall not
    have the right to vote.
    (5) If the Mukhiya fails to call a special meeting as provided in subsection (2), the Up-Mukhiya or, in his absence, one-third of the total
    number of members may call such a meeting on a day not more than
    fifteen days thereafter and require the Panchayat Secretary to give
    notice to the members and to take such action as may be necessary
    to convene the meeting.
  21. Quorum and Procedure — (1)The quorum for a meeting of the Gram
    Panchayat shall be half of the total number of members. If, at the time
    appointed for the meeting, a quorum is not complete or if the meeting has
    begun and attention is drawn to the want of quorum the presiding officer
    shall wait for one hour, and if within such period there is no quorum, the
    presiding officer shall adjourn the meeting to such time on the following
    day or such future day as he may fix. The business which could not be
    considered at the meeting so postponed for want of quorum, shall be
    brought before and disposed of at the subsequent adjourned meeting or
    meetings for which the same quorum of half of the total number of
    members shall be required.
    (2) All questions shall, unless otherwise specifically provided, be decided
    by a majority of votes of the members present and voting. The
    Mukhiya or Up-Mukhiya as the case may be, presiding over the
    meeting, unless he refrains from voting, shall give his vote before
    declaring the number of votes for and against a question and in case
    of equality of votes, he may give his casting vote.
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    (3) No member of a Gram Panchayat shall vote on, or take part in the
    discussion of, any question coming up for consideration at a meeting
    of the Gram Panchayat, if the question is one in which, apart from its
    general application to the public, he has any pecuniary or personal
    interest and if the person presiding has such an interest, he shall not
    preside over the meeting when such question comes up for
    consideration.
    (4) If any member present at the meeting believes that the person
    presiding has any pecuniary or personal interest in any matter under
    discussion, and if a motion to that effect be carried, the latter shall not
    preside over the meeting during such discussion or vote on or take
    part in it. Any member of the Gram Panchayat may be chosen to
    preside at the meeting during the continuance of such discussion.
  22. Functions of Gram Panchayat — Subject to such condition as may be
    prescribed by the Government from time to time, the Gram Panchayat
    shall perform the functions specified below :
    (i) General Functions. — (1) Preparation of annual plans for the
    development of the Panchayat area;
    (2) Preparation of annual budget;
    (3) Power to take up relief works during natural calamities;
    (4) Removal of encroachments on public properties;
    (5) Organising voluntary labour and contribution for community
    works;
    (6) Maintenance of essential statistics of village(s).
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    (ii) Agriculture, including Agriculture Extension. — (1)Promotion and
    development of agriculture and horticulture;
    (2) Development of waste lands;
    (3) Development and maintenance of grazing lands and preventing
    their unauthorised alienation and use.
    (iii) Animal Husbandry, Dairy and Poultry — (1) Improvement of breed of
    cattle, poultry and other livestock;
    (2) Promotion of dairy farming, poultry and piggery;
    (3) Grassland development.
    (iv) Fisheries. — Development of fisheries in the village(s).
    (v) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodde —
    (1) Planting and preservation of trees on the sides of roads and other
    public lands under its control.
    (2) Fuel plantations and fodder development;
    (3) Promotion of farm forestry;
    (4) Development of Social Forestry.
    (vi) Khadi, Village and Cottage Industries — (1) Promotion of rural and
    cottage industries;
    (2) Organisation of awareness camps, seminars and training
    programmes, agricultural and industrial exhibitions for the benefit
    of rural areas.
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    (vii) Rural Housing — (1) Distribution of house sites within its
    jurisdiction.
    (2) Maintenance of records relating to house sites and other private
    and public properties.
    (viii) Drinking Water — (1) Construction, repair and maintenance of
    drinking water wells, tanks, ponds and hand pumps;
    (2) Prevention and control of water pollution;
    (3) Maintenance of rural water supply schemes.
    (ix) Roads, Buildings, Culverts, Bridges, Ferries, Waterways and other
    means of communication — (1) Construction and maintenance of
    village roads, drains and culverts;
    (2) Maintenance of buildings under its control or transferred to it by
    the Government or any public authority;
    (3) Maintenance of boats, ferries and waterways.
    (x) Rural Electrification, including distribution of electricity and providing
    for and maintenance of lighting public streets and other places.
    (xi) Non-Conventional Energy Sources — (1) Promotion and
    development of non-conventional energy schemes;
    (2) Setting up, development and maintenance of community nonconventional energy devices;
    (3) Propagation of other energy efficient devices.
    (xii) Poverty Alleviation Programmes — (1) Promotion of public
    awareness and participation in poverty alleviation programmes for
    fuller employment and creation of productive assets;
    25
    (2) Selection of beneficiaries under various programmes through
    Gram Sabhas;
    (3) Participation in effective implementation and monitoring of
    poverty alleviation programmes.
    (xiii) Education, including primary and secondary school education — (1)
    Promotion of public awareness and participation in primary and
    secondary education;
    (2) Ensuring full enrollment and attendance in primary schools and
    their management.
    (xiv) Adult and non-formal education — Promotion of mass literacy.
    (xv) Libraries — Village libraries and reading rooms.
    (xvi) Cultural and Sports Activities — Promotion of social, cultural and
    sports activities.
    (xvii) Markets and Fairs. — Regulation and management of fairs (including
    cattle fairs) and festivals.
    (xviii) Rural Sanitation and Environment — (1) Maintenance of general
    sanitation;
    (2) Cleaning of public roads, drains, tanks, wells and other public
    places;
    (3) Maintenance and regulation of burning and burial grounds;
    (4) Construction and maintenance of public latrines;
    (5) Disposal of unclaimed corpses and carcasses;
    (6) Management and control of washing and bathing ghats.
    (7) Upgradation of environment and prevention of its degradation
    26
    (xix) Public Health and Family Welfare — (1) Implementation of family
    welfare programmes and Public Health Centers;
    (2) Prevention of and taking remedial measures against epidemics;
    (3) Regulation of sale of meat, fish and other perishable food
    articles;
    (4) Participation in programmes of human and animal vaccination;
    (5) Licensing of eating and entertainment establishments;
    (6) Regulation of curing, tanning and dyeing of skins and hides;
    (7) Regulation of offensive and dangerous trades.
    (xx) Women and Child Development — (1) Participation in the
    implementation of women and child welfare programmes;
    (2) Promotion of education, health and nutrition programmes.
    (xxi) Social Welfare including welfare of the physically and mentally
    challenged
    (1) Participation in the implementation of the social welfare
    programmes, including welfare of physically and mentally
    challenged persons as well as destitutes;
    (2) Monitoring of the old-age and widows’ pension schemes.
    (xxii) Welfare of the Weaker Sections and in particular the Scheduled
    Castes and Scheduled Tribes — (1) Promotion of public awareness
    with regard to welfare of Scheduled Castes, Scheduled Tribes and
    other weaker sections;
    (2) Participation in the implementation of the specific programmes for
    the welfare of the weaker sections.
    27
    (xxiii) Public Distribution System — (1) Promotion of public awareness with
    regard to the distribution of essential commodities;
    (2) Monitoring the public distribution system.
    (xxiv) Maintenance of Community Assets — (1) Maintenance of
    community assets belonging to the Gram Panchayat;
    (2) Preservation and maintenance of other community assets.
    (xxv) Construction and maintenance of Dharmshalas, Hostels and similar
    institutions.
    (xxvi) Construction and maintenance of cattle sheds, pounds and cart
    stands.
    (xxvii)Construction and maintenance of slaughter houses.
    (xxviii) Maintenance of public parks, playgrounds, etc.
    (xxix) Regulation of garbage bins in public places.
    (xxx) Establishment and control of huts and sheds, and
    (xxxi) Such other functions as may be entrusted.
  23. Assignment of Functions to Gram Panchayat (1) The Government
    may, by notification and subject to such conditions as may be specified
    therein —
    (a) transfer to any Gram Panchayat the management and maintenance
    of a forest situated in the Panchayat area;
    (b) make over to the Gram Panchayat the management of waste lands,
    pasture lands or vacant lands belonging to the Government, situated
    within the Panchayat area;