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
- 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. - 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 - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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 - 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. - 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. - 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. - 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. - 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
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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. - 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
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provided in this Act, cease on the expiry of his term of office as a member
of the Gram Panchayat. - 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. - 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
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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
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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. - 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. - 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. - 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. - 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;
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(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
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(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.
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(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. - 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;