THE BIHAR PANCHAYAT RAJ ACT, 2006

{
    "id": 330,
    "slug": "bihar-panchayat-raj-act-2006",
    "title": "THE BIHAR PANCHAYAT RAJ ACT, 2006",
    "short_title": "THE BIHAR PANCHAYAT RAJ ACT, 2006",
    "act_number": "6",
    "act_year": 2006,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "valid",
    "enactment_date": "2006-04-08",
    "description": "THE BIHAR PANCHAYAT RAJ ACT, 2006",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "THE BIHAR PANCHAYAT RAJ ACT, 2006 \nAN  \nACT \nto replace the Bihar Panchayat Raj Act, 1993 as amended up to date.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "CHAPTER I - PRELIMINARY",
            "chapter": "CHAPTER I",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "(i) This Act may be called \nthe Bihar Panchayat Raj Act, 2006. \n (ii) It shall extends to the whole of the state of Bihar excepting the \nareas to which the provisions of the Patna Municipa l Corporation Act, 1951 \n(Bihar Act XIII of 1952) or Bihar & Orissa Municipa l Act, 1922 (Bihar Act VII of \n1922) or Cantonment Act, 1924 (Act II of 1924) apply. \n (iii) It shall come into force immediately after i ts notification in the \nOfficial Gazette.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "In this Act, unless there is anything repugnant in the subject \nor context, \n(a) “Adhyaksha” means an Adhyaksha of Zila Parishad  elected under the \nprovisions of this Act; \n(b) “Backward Classes” means and includes the list of Backward Classes \nof citizens specified in Annexure 1 of the Bihar Re servation of \nVacancies in Posts and Services (for SC, ST and oth er Backward \nClasses) Act, 1991 (Bihar Act No. -3, 1992); \n(c) “Block” means such local area in a district as the State Government \nmay constitute to be a Block; \n(d) “Block Development Officer” means an officer ap pointed as such by the \nState Government; \n(e)  “Chief Executive Officer” means the Chief Exec utive Officer of a Zila \nParishad appointed under the provisions of this Act; \n(f)  “Commission” means the State Election Commissi on constituted under \nArticle 243-K read with Article 243-ZA of the Constitution of India. \n(g) “Commissioner” means the Divisional Commissione r or such other \nofficer, as may be especially authorised by the Sta te Government to \ndischarge the functions of a Commissioner under this Act; \n(h) “Criminal Case” means a criminal proceeding in respect of an offence \ntriable by a bench of the Gram Katchahry; \n(i) “District” means a District as notified by the State Government to be a \ndistrict;  \n(j) “District Magistrate” means a District Magistra te of a District so \nappointed by the State Government and includes any other officer, who \nmay be especially appointed by the State Government to discharge all or \nany of the functions of the District Magistrate under this Act; \n(k) “District Panchayat Raj Officer” means a Distri ct Panchayat Raj Officer \nof a district so appointed by the State Government and includes any \nother officer, who may be especially appointed by t he State \nGovernment to discharge all or any of the functions  of the District \nPanchayat Raj Officer under this Act;  \n(l) “Executive Officer” means an Executive Officer of a Panchayat Samiti; \n(m) “Gram Sabha” means a body consisting of persons  registered in the \nelectoral rolls relating to a village comprised wit hin the area of the \nPanchayat at the village level; \n(n) “Gram Katchahry” means a Gram Katchahry establi shed under sub- \nsection (1) of section 90 of this Act; \n(o)   “Government” means the State Government of Bihar; \n(p)  “Member Board of Revenue” means the Member, Bo ard of Revenue or \nsuch other officer, as may be especially authorised  by the State \nGovernment to perform the functions of a Member, Bo ard of Revenue \nunder this Act and includes an Additional Member, Board of Revenue; \n(q) “Member of Gram Panchayat” means an elected mem ber of that  \nPanchayat; \n(r) “Mukhiya” means a Mukhiya of Gram Panchayat ele cted under the \nprovisions of this Act; \n(s) “Municipality” means an institution of self-gov ernment constituted under \nArticle 243-Q of the Constitution of India. \n(t) “Munsif” with reference to a Gram Panchayat mea ns the Munsif having \nlocal jurisdiction in the area in which such Gram P anchayat is \nconstituted and includes a court of small cause cases; \n(u) “Notification” means a notification published i n the State or District \nGazette; \n(v) “Panch of a Gram Katchahry ” means an elected P anch of that Gram \nKatchahry;   \n(w) “Panchayat” means an institution of Self-Govern ment constituted under \nArticle 243B of the Constitution of India for the rural areas; \n(x) “Panchayat Area” means the territorial area of a Panchayat;  \n(y) “Panchayat Samiti” means a Panchayat Samiti con stituted for every \nBlock under this Act; \n(z) “Panchayat Secretary” means the Secretary of a Gram Panchayat \nappointed under this Act; \n(aa) “Prescribed” means prescribed under this Act o r rules or regulations or \nnotifications or orders made thereunder; \n(ab) “Prescribed Authority” means an authority appo inted under the \nprovisions of this Act or any notification or rules  or regulations made \nthereunder, for all or any of the purposes of this Act; \n(ac) “Population” means and includes the population  as ascertained at the \nlast preceding census of which the relevant figures  have been \npublished; \n(ad) “Pramukh” means a Pramukh of Panchayat Samiti elected under this \nAct; \n(ae) “Sarpanch” means the Sarpanch of a Gram Katcha hry elected under \nthis Act; \n(af) “Standing Committee” means a Standing Committe e constituted by a \nZila Parishad or a Panchayat Samiti or a Gram Panch ayat under this \nAct; \n(ag) “Subdivisional Magistrate” means a Subdivision al Magistrate of a \nSubdivision so appointed by the State Government an d includes any \nother officer, who may be especially authorised by the State \nGovernment to discharge all or any of the functions of the Subdivisional \nMagistrate under this Act; \n(ah) “Suit” means a suit triable by a bench of the Gram Katchahry; \n(ai)“Up-Adhyaksha” means an Up-Adhyaksha of a Zila Parishad elected \nunder this Act; \n(aj)“Up-Mukhiya” means an Up-Mukhiya of a Gram Panc hayat elected \nunder this Act; \n(ak) “Up-Pramukh” means an Up-Pramukh of a Panchaya t Samiti elected \nunder this Act; \n(al) “Up-Sarpanch” means an Up-Sarpanch of a Gram K atchahry elected \nunder this Act; \n(am) “Village” means an area defined, surveyed and recorded as \ndistinct and separate village in revenue records of the district in which it \nis situated; \n(an) “Zila Parishad” means a Zila Parishad of a dis trict constituted under \nthis Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 30
        },
        {
            "number": "5",
            "title": "CHAPTER II - GRAM SABHA",
            "chapter": "CHAPTER II",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "3",
            "title": "Section 3. Period of Meetings",
            "chapter": null,
            "content": "The Gram Sabha shall meet from time to time \nbut not more than three months shall intervene in b etween any two \nmeetings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "4",
            "title": "Section 4. Convening of Meetings",
            "chapter": null,
            "content": "(1) A notice of the meeting of the Gram \nSabha shall be pasted in the Office of the Gram Pan chayat and the same \nshall be brought to the notice of the public by beat of drum or by any other \nmeans of publicity as prescribed. \n(2) The procedure for convening and conducting the meetings of the \nGram Sabha shall be such as may be prescribed. \n(3) It shall be the responsibility of the Mukhiya t o convene the meeting of \nthe Gram Sabha at regular intervals as specified un der the Act. In \ncase he fails to convene the meeting as specified, the Executive \nOfficer of the Panchayat Samiti may convene such me eting on this \nfact being brought to his notice. The Executive Off icer may depute a \nGovernment servant to be present in such a meeting on his behalf.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "5",
            "title": "Section 5. Quorum",
            "chapter": null,
            "content": "(1)   The Quorum for a meeting shall be one-twentie th of \nthe total members of the Gram Sabha. \n(2) If at the time appointed for the meeting a quor um is not complete or if \nthe meeting has begun and attention is drawn toward s want of \nquorum, the presiding authority shall wait for one hour and if within \nsuch period there is no quorum, the presiding autho rity shall adjourn \nthe meeting to such time on the following day or su ch future day as \nhe may fix. The business which could not be conside red at the \nmeeting so postponed for want of quorum shall be brought before and \ndisposed of at the subsequent adjourned meeting or meetings for \nwhich a quorum of one fortieth of the total members  of the Gram \nSabha shall be required.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "6",
            "title": "Section 6. Presiding Officer",
            "chapter": null,
            "content": "Every meeting of the Gram Sabha shall be \npresided over by the Mukhiya of the concerned Gram Panchayat and in \nhis absence by the Up-Mukhiya.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "7",
            "title": "Section 7. Matters for Consideration",
            "chapter": null,
            "content": "The Gram Sabha shall consider the \nfollowing matters:– \n(a) The annual statement of accounts of the Gram Panchayat, the report \nof administration of the preceding financial year a nd the last audit \nnote and replies, if any, made thereto;  \n(b)  The budget of the Gram Panchayat for the next financial year; \n(c)  The report in respect of development programme s of the Gram \nPanchayat relating to the preceding year and develo pment \nprogrammes proposed to be undertaken during the current year; \n(d)  Reports of the Vigilance Committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "8",
            "title": "Section 8. Resolution",
            "chapter": null,
            "content": "Any resolution relating to matters entrusted to the  Gram \nSabha under this Act shall have to be passed by a m ajority of the \nmembers present and voting in the meeting of the Gram Sabha.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "9",
            "title": "Section 9. Functions",
            "chapter": null,
            "content": "The Gram Sabha shall perform the following functions :– \n(a) Rendering assistance in the implementation of d evelopmental \nschemes pertaining to the village; \n(b) Identification of beneficiaries for the impleme ntation of developmental \nschemes pertaining to the village : \nProvided that in case the Gram Sabha fails to ident ify the \nbeneficiaries within a reasonable time, the Gram Pa nchayat shall \nidentify the beneficiaries; \n(c)  Procuring voluntary labour and contributions, in kind or in cash or \nboth, for community welfare programmes; \n(d) Providing all assistance in the programmes of m ass education and \nfamily welfare within the village; \n(e) Promotion of unity and harmony among all sectio ns of society in the \nvillage; \n(f) Seeking clarifications from the Mukhiya, Up-Muk hiya and members of \nthe Gram Panchayat about any particular activity, s cheme, income \nand expenditure; and \n(g) Discussing and recommending appropriate action with regard to \nreports of the Vigilance Committee; \n(h) Such other matters as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "10",
            "title": "Section 10. Vigilance Committee",
            "chapter": null,
            "content": "The Gram Sabha may also form one or more \nvigilance committee(s) consisting of persons who ar e not members of the \nGram Panchayat, to supervise the Gram Panchayat wor ks, schemes and \nother activities relating to that village and to pu t up reports related to them \nin its meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "14",
            "title": "CHAPTER III - GRAM PANCHAYAT",
            "chapter": "CHAPTER III",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "11",
            "title": "Section 11. Declaration of Gram Panchayat Area",
            "chapter": null,
            "content": "(1) Subject to the general or \nspecial orders of the Government, the District Magi strate may, by \nnotification in the District Gazette, declare any l ocal area comprising a \nvillage or a group of contiguous villages or part t hereof to be a Gram \nPanchayat area with a population within its territo ry as nearly as seven \nthousand. \n Provided that the District Magistrate may, after consultation with \nthe Gram Panchayat concerned, by a notification, at  any time, include \nwithin or exclude from any Gram Panchayat area any village or part \nthereof and alter the name of the Gram Panchayat. \n(2) If the State Election Commission, suo motu or on receipt of a written \nrepresentation from an aggrieved person, is of the opinion that there \nis sufficient reason for doing so, may review the l egality and propriety \nof any Gram Panchayat declared under sub-section (1 ) and may call \nfor the relevant records for this purpose, and subj ect to the provisions \nof this Act, may pass such order which the Commission deems fit and \nproper. \nProvided that after the notification of the date of  Panchayat election \nby the Governor under section 124 of the Act, the C ommission shall \nnot consider any such new case. \n(3) Every Gram Panchayat shall be a body corporate by the name of its \nGram Panchayat and shall have perpetual succession and a common \nseal and subject to such restrictions as are impose d by or under this \nAct or any other enactment, shall be vested with th e capacity of suing \nor being sued in its corporate name, of acquiring, holding and \ntransferring property, movable or immovable, whethe r without or \nwithin the limits of the area over which it has authority, or entering into \ncontracts and of doing all things necessary, proper  and expedient for \nthe purpose for which it is constituted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "12",
            "title": "Section 12. Composition of Gram Panchayat",
            "chapter": null,
            "content": "(1) The Gram Panchayat shall \nconsist of – \n(a)  The Mukhiya elected under the provisions of th is Act;  \n(b) Such number of directly elected members as may be notified \nfrom time to time by the District Magistrate and ea ch of such \nmembers representing as nearly as possible a popula tion of five \nhundred of the Panchayat Area. \n(2) For the convenience of election, the District M agistrate shall, in \naccordance with such rules as may be prescribed in this behalf by the \nState Government, divide the area of the Gram Panch ayat under the \ndirection, control and supervision of the State Ele ction Commission \ninto territorial constituencies in such manner that  the population of \neach constituency, so far as practicable, be the sa me throughout the \nPanchayat area. \n(3)  One member from each territorial constituency shall be elected \nthrough direct election in the manner prescribed. \n(4)  Every Gram Panchayat constituted under this se ction shall be notified \nin the District Gazette and shall come into office with effect from the \ndate appointed for its first meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "13",
            "title": "Section 13. Reservation of seats",
            "chapter": null,
            "content": "(1) In every Gram Panchayat, as nearly as but \nnot exceeding fifty percent of the total seats of m embers of Gram \nPanchayat  shall be reserved for  \n(a)  Scheduled Castes; \n(b)  Scheduled Tribes; and \n(c)  Backward Classes. \n  The number of seats so reserved for Scheduled Castes and \nScheduled Tribes shall bear as nearly as may be, th e same proportion to \nthe total number of seats to be filled up by direct  election in that Gram \nPanchayat as the population of the Scheduled Castes  and Scheduled \nTribes bears to the total population of that area a nd such seats shall be \nallotted by rotation to different constituencies in  a Gram Panchayat by the \nDistrict Magistrate under the direction, control and supervision of the State \nElection Commission in the prescribed manner.  \n  After reservation of seats for the Scheduled Cast es and the \nScheduled Tribes, the number of seats to be reserve d for the Backward \nClasses shall be as nearly as possible but not exceeding twenty percent of the \ntotal seats and within the overall limit of fifty p ercent reservation for the \nScheduled Castes, the Scheduled Tribes and the Back ward Classes and shall \nbe allotted to the remaining constituencies by the District Magistrate in the \nprescribed manner. Such seats shall be allotted by rotation to different \nconstituencies in a Gram Panchayat by the District Magistrate during \nsubsequent elections under the direction, control a nd supervision of the State \nElection Commission in the manner prescribed by it.   \n(2) As nearly as but not exceeding fifty percent of  the total number of \nseats reserved under Sub-section (1) shall be reser ved for women \nbelonging to the Scheduled Castes, the Scheduled Tr ibes and the \nBackward Classes, as the case may be. \n(3)  As nearly as but not exceeding fifty percent o f the total number of \nseats not reserved for Scheduled Castes, Scheduled Tribes and \nBackward Classes shall be reserved for women. \n(4) Such total number of seats reserved for women b elonging to \nthe Scheduled Castes, the Scheduled Tribes, the Bac kward \nClasses and unreserved category may be allotted by rotation \nby the District Magistrate under the direction, con trol and \nsupervision of the State Election Commission to dif ferent \nconstituencies in a Gram Panchayat in such manner a s may \nbe prescribed by it. \nExplanation - For the removal of doubts it is hereby declared tha t the \nprinciple of rotation for the purposes of reservation of offices for the Scheduled \nCastes and Scheduled Tribes under this sub-section shall commence from the \nfirst election held after the commencement of the B ihar Panchayat Raj Act, \n1993.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "14",
            "title": "Section 14. Duration of Gram Panchayat",
            "chapter": null,
            "content": "(1) Every Gram Panchayat unless \nsooner dissolved under any law for the time being i n force shall continue \nfor five years from the date appointed for its first meeting and no longer. \n(2)  No amendment of any law for the time being in force shall have the \neffect of causing dissolution of a Gram Panchayat, which is \nfunctioning immediately before such amendment, till  the expiration of \nits duration specified in clause (1).     \n(3) An election to constitute a Gram Panchayat shal l be completed – \n(a) Before the expiry of its duration specified in sub-section (1); and \n(b)   Before the expiration of a period of six months from the date of its \ndissolution : \n  Provided that where the remainder of the period for  which \nthe dissolved Gram Panchayat would have continued i s less than six \nmonths, it shall not be necessary to hold any elect ion under this sub- \nsection for constituting the Gram Panchayat for such period. \n(4) A Gram Panchayat constituted upon the dissoluti on of a Gram \nPanchayat before the expiration of its duration sha ll continue only for \nremainder of the period for which the dissolved Gra m Panchayat \nwould have continued under Sub-section (1) had it n ot been so \ndissolved.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "15",
            "title": "Section 15. Election of Mukhiya and Up",
            "chapter": null,
            "content": "Mukhiya — (1) A Mukhiya of the Gram \nPanchayat shall be directly elected by the voters enrolled in the voters’ list \nof that Gram Panchayat. \n(2) In the event of vacancy caused by reason of death, resignation, \ndisqualification, removal or otherwise of the Mukhi ya, the Gram \nPanchayat shall elect another Mukhiya as soon as possible as per the \nprovisions of sub-section (1) : \n Provided that if the vacancy in the office of Mukh iya is for less than six \nmonths, there shall be no election. \n(3) (i) After election every Gram Panchayat shall u nder the direction, \ncontrol and supervision of State Election Commissio n, elect in its first \nmeeting one Up-Mukhiya from amongst the members ele cted under \nthe provisions of clause (b) of sub-section (1) of section 12 of the Act, \nby a majority of votes. \n (ii) The Mukhiya of the Gram Panchayat shall be a voter in the \nelection of Up-Mukhiya. \n(iii) In the case of equality of votes in the election of Up-Mukhiya, the \nresult shall be decided by draw of lots. \n(4) (i) In the event of the offices of the Mukhiya and Up-Mukhiya falling \nvacant simultaneously in any Gram Panchayat, the Ex ecutive Officer \nof the concerned Panchayat Samiti shall call a meet ing for election of \nUp-Mukhiya within fifteen days of such an eventuali ty for which a \nnotice of at least seven clear days shall be given to the members. \n(ii) The Executive Officer of the concerned Panchay at Samiti shall \npreside over such meeting but he shall not have the right to vote. \n(iii)  In the case of equality of votes, the result  shall be decided by \ndraw of lots. \n(5)  Reservation of seats — (i) For the post of Mukhiya, as nearly as but \nnot exceeding fifty percent of the total seats of M ukhiya within every \nPanchayat Samiti  shall be reserved     for :– \n   (a) Scheduled Castes; \n   (b) Scheduled Tribes; and \n   (c) Backward Classes. \n Within every Panchayat Samiti, seats shall be rese rved for \nScheduled Castes and Scheduled Tribes for the posts  of Mukhiya \nand the number of seats so reserved shall bear as n early as possible \nthe same proportion to the total number of seats of Mukhiya within the \nsaid Panchayat Samiti as the population of the Sche duled \nCastes/Scheduled Tribes bears to the proportion of the total \npopulation of that area and such seats shall be all otted by rotation to \ndifferent Gram Panchayats within the Panchayat Samiti by the District \nMagistrate under the direction, control and supervi sion of the State \nElection Commission in the prescribed manner. \nAfter reservation of seats of Mukhiya for the Sched uled Castes and the \nScheduled Tribes, the number of seats to be reserve d for the Backward \nClasses shall be as nearly as possible but not exce eding twenty percent \nof the total seats and within the overall limit of fifty percent reservation for \nthe Scheduled Castes, the Scheduled Tribes and the Backward Classes \nand shall be allotted to the remaining Gram Panchay ats by the District \nMagistrate in the prescribed manner. Such seats sha ll be allotted by \nrotation to different Gram Panchayats within a Panc hayat Samiti by the \nDistrict Magistrate during subsequent elections under the direction, control \nand supervision of the State Election Commission in  the manner \nprescribed by it.   \n(ii) As nearly as but not exceeding fifty percent o f the total number of \nseats so reserved under Sub-section (i) shall be re served for \nwomen belonging to Scheduled Castes, Scheduled Trib es and \nBackward Classes as the case may be. \n(iii) As nearly as but not exceeding fifty percent of the total number of \nseats not reserved for Scheduled Castes, Scheduled Tribes and \nBackward Classes shall be reserved for women. \n(iv) Such total number of seats reserved for women belonging to the \nScheduled Castes, the Scheduled Tribes, the Backwar d Classes \nand unreserved category shall be allotted by rotati on by the \nDistrict Magistrate under the direction, control an d supervision of \nthe State Election Commission to different constitu encies in a \nGram Panchayat in such manner as may be prescribed by the \nState Election Commission. \nExplanation - For the removal of doubts it is hereby declared that the \nprinciple of rotation for the purposes of reservati on of offices for the \nScheduled Castes and Scheduled Tribes under this su b-section shall \ncommence from the first election held after the com mencement of the \nBihar Panchayat Raj Act, 1993.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "16",
            "title": "Section 16. Term of Office of Mukhiya and Up",
            "chapter": null,
            "content": "Mukhiya — The term of office of \nMukhiya and Up-Mukhiya of the Gram Panchayat shall, save as otherwise \nprovided in this Act, cease on the expiry of his te rm of office as a member \nof the Gram Panchayat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "17",
            "title": "Section 17. Powers, Functions and Duties of Mukhiya and Up Mukh iya",
            "chapter": null,
            "content": "(1) \n The Mukhiya shall – \n(a) be responsible for convening the meetings of Gr am Sabha and \nshall preside over its meetings; \n(b) be responsible for convening the meeting of Gra m Panchayat and \nshall preside over its meetings; \n(c) be responsible for the proper maintenance of th e records of the \nGram Panchayat; \n(d) have the general responsibility for the financi al and executive \nadministration of the Gram Panchayat. \n(e) exercise administrative control and supervision  over the work of \nthe employees and officers of the Gram Panchayat an d \nemployees whose services may be placed at the dispo sal of the \nGram Panchayat by any other authority; \n(f) for the transaction of business connected with this Act or for the \npurposes of making any order authorised thereby, ex ercise such \npowers, perform such functions and discharge such d uties as \nmay be exercised, performed or discharged by the Gr am \nPanchayat under this Act or the rules made thereunder; \n   Provided that the Mukhiya shall not exercise suc h powers or \nperform such functions or discharge such duties as may be \nrequired by the rules made under this Act to be exe rcised, \nperformed or discharged only by the Gram Panchayat at a \nmeeting; \n(g) exercise such other powers, perform such other functions and \ndischarge such other duties as the Gram Panchayat m ay, by \ngeneral or special resolution, direct or as the Gov ernment may, \nby rules made in this behalf, prescribe. \n(2) The Up-Mukhiya shall --  (a) exercise such of t he powers, perform \nsuch of the functions and discharge such of the dut ies of Mukhiya as \nthe Mukhiya may from time to time, subject to rules  made in this \nbehalf by the Government, delegate to him by order in writing : \nProvided that the Mukhiya may at any time withdraw all or any of \nthe powers, functions and duties so delegated to the Up-Mukhiya ; \n(b) during the absence of the Mukhiya exercise all the powers, perform \nall the functions and discharge all the duties of the Mukhiya \n   Provided that as soon as the Mukhiya returns from \nabsence, he will resume the exercise of all such powers and shall \nstart performing all the functions and discharging all the duties of \nthe Mukhiya;  \n(c) exercise such other powers, perform such other functions and \ndischarge such other duties as the Gram Panchayat m ay, by \ngeneral or special resolution, direct or as the Gov ernment may, \nby  rules made in this behalf, prescribe.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "18",
            "title": "Section 18. Resignation or Removal of Mukhiya or Up",
            "chapter": null,
            "content": "Mukhiya — (1)The \nMukhiya/ Up-Mukhiya may resign his office by writin g under his hand \naddressed to the District Panchayat Raj Officer. \n(2) Every resignation under Sub-section (1) shall t ake effect on the expiry \nof seven days from the date of its receipt by the Di strict Panchayat \nRaj Officer, unless within this period of seven days he withdraws such \nresignation by writing under his hand addressed to the District \nPanchayat Raj Officer. \n(3) Every Up-Mukhiya shall vacate the Office if he ceases to be a \nmember of a Gram Panchayat. \n(4) (i) Removal of Mukhiya by no confidence motion— Every Mukhiya shall \nbe deemed to have vacated his office forthwith if a  resolution \nexpressing want of confidence in him is passed by a  simple majority \nof the total number of voters of the Gram Panchayat  at a meeting \nespecially convened for the purpose. The requisitio n for such a \nspecial meeting shall be signed by not less than on e fifth of the total \nnumber of voters of the Gram Panchayat and shall be delivered to the \nDistrict Panchayat Raj Officer. The District Pancha yat Raj Officer \nshall, within seven days from the date of receipt o f the requisition, fix \na meeting of voters of Gram Panchayat at any place within the Gram \nPanchayat area. The meeting shall be held within 15  days from the \ndate of issue of the notice of the meeting. The mee ting shall be \npresided over by the District Panchayat Raj Officer : \n   Provided that during the first two year period o f the tenure, no \nsuch motion of no confidence shall be moved against the Mukhiya. \n   Provided further that if the motion of no confid ence against the \nMukhiya is once rejected, no fresh motion of no con fidence against \nthe Mukhiya shall be brought within a period of one  year from the \ndate of such rejection of the motion; \nProvided further that no motion of no confidence ag ainst \nMukhiya shall be brought during the last six months  of the term of \nGram Panchayat. \n (ii) Removal of Up-Mukhiya by no confidence motion —Every Up- \nMukhiya shall be deemed to have vacated his office forthwith if a \nresolution expressing want of confidence in him is passed by a simple \nmajority of the total number of elected members of the Gram \nPanchayat and Mukhiya at a meeting especially conve ned for the \npurpose. The requisition for such a special meeting shall be signed by \nnot less than one third of the total number of elec ted members of the \nGram Panchayat and shall be delivered to the Mukhiy a. The Mukhiya \nshall, within 7 days from the date of receipt of the requisition, convene \na special meeting of the Gram Panchayat in the offi ce of the Gram \nPanchayat for discussion on the motion and shall al so preside over \nthe meeting : \n   Provided that during the first two year period o f the tenure, no \nsuch motion of no confidence shall be moved against  the Up- \nMukhiya. \n   Provided further that if the motion of no confid ence against the \nUp-Mukhiya is once rejected, no fresh motion of no confidence \nagainst the Up-Mukhiya shall be brought within a pe riod of one year \nfrom the date of such rejection of the motion; \n   Provided further that no motion of no confidence  against Up- \nMukhiya shall be brought during the last six months  before the expiry \nof the term of Gram Panchayat. \n(5)  Without prejudice to the provisions under this  Act, if, in opinion of the \nCommissioner having territorial jurisdiction over the Gram Panchayat, \na Mukhiya or an Up-Mukhiya of Gram Panchayat absent s himself \nwithout sufficient cause for more than three consec utive meetings or \nsittings or willfully omits or refuses to perform h is duties and functions \nunder this Act, or abuses the power vested in him o r is found to be \nguilty of misconduct in the discharge of his duties  or becomes \nphysically or mentally incapacitated for performing  his duties or is \nabsconding being an accused in a criminal case for more than six \nmonths, the Commissioner may, after giving the Mukh iya or Up- \nMukhiya a reasonable opportunity for explanation, b y order, remove \nsuch Mukhiya or Up-Mukhiya, as the case may be, from office.  \n   The Mukhiya or Up-Mukhiya so removed shall not b e eligible for \nre-election as Mukhiya or Up-Mukhiya or Member of Gram Panchayat \nduring the remaining term of office of such Gram Panchayat. \n(6) Appeal shall lie before the Member, Board of Revenue against the \norder of the Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "19",
            "title": "Section 19. Resignation of Members of the Gram Panchayat",
            "chapter": null,
            "content": "A member of Gram \nPanchayat may resign his membership in writing unde r his hand \naddressed to the Mukhiya of the Gram Panchayat and his Office shall \nbecome vacant on the expiry of seven days from the date of such \nresignation unless within the said period of seven days, he withdraws \nsuch resignation by writing under his hand addressed to the Mukhiya.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "20",
            "title": "Section 20. Meeting of Gram Panchayat",
            "chapter": null,
            "content": "(1) A Gram Panchayat shall meet for the \ntransaction of its business at least once in two mo nths at the office of the \nGram Panchayat and at such date and time as the Muk hiya may \ndetermine. \n(2) The Mukhiya may, whenever he thinks fit, and shall upon the written \nrequest of not less than one-third of the total num ber of elected \nmembers of the Gram Panchayat, on a date within fif teen days from \nthe receipt of such request, call a special meeting. \n(3)  Seven clear days’ notice of an ordinary meetin g and three clear days’ \nnotice of a special meeting specifying the place, d ate and time of \nsuch meeting and the business to be transacted ther eat, shall be \ngiven by the Panchayat Secretary to the members and  to such \nofficers as the Government may prescribe, and it sh all be affixed on \nthe notice board of the Gram Panchayat. \n(4)  The officers to whom notice is given under sub -section (3) and other \nGovernment Officers having jurisdiction over the Gr am Panchayat \narea or any part thereof shall be entitled to atten d every meeting of \nthe Gram Panchayat and take part in the proceedings  but shall not \nhave the right to vote. \n(5)  If the Mukhiya fails to call a special meeting  as provided in sub- \nsection (2), the Up-Mukhiya or, in his absence, one -third of the total \nnumber of members may call such a meeting on a day not more than \nfifteen days thereafter and require the Panchayat S ecretary to give \nnotice to the members and to take such action as ma y be necessary \nto convene the meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "21",
            "title": "Section 21. Quorum and Procedure",
            "chapter": null,
            "content": "(1)The quorum for a meeting of the Gram \nPanchayat shall be half of the total number of memb ers. If, at the time \nappointed for the meeting, a quorum is not complete  or if the meeting has \nbegun and attention is drawn to the want of quorum the presiding officer \nshall wait for one hour, and if within such period there is no quorum, the \npresiding officer shall adjourn the meeting to such  time on the following \nday or such future day as he may fix. The business which could not be \nconsidered at the meeting so postponed for want of quorum, shall be \nbrought before and disposed of at the subsequent ad journed meeting or \nmeetings for which the same quorum of half of the t otal number of \nmembers shall be required. \n(2) All questions shall, unless otherwise specifically provided, be decided \nby a majority of votes of the members present and v oting. The \nMukhiya or Up-Mukhiya as the case may be, presiding  over the \nmeeting, unless he refrains from voting, shall give  his vote before \ndeclaring the number of votes for and against a que stion and in case \nof equality of votes, he may give his casting vote.\n(3)  No member of a Gram Panchayat shall vote on, o r take part in the \ndiscussion of, any question coming up for considera tion at a meeting \nof the Gram Panchayat, if the question is one in wh ich, apart from its \ngeneral application to the public, he has any pecun iary or personal \ninterest and if the person presiding has such an in terest, he shall not \npreside over the meeting when such question comes u p for \nconsideration. \n(4)  If any member present at the meeting believes that the person \npresiding has any pecuniary or personal interest in  any matter under \ndiscussion, and if a motion to that effect be carried, the latter shall not \npreside over the meeting during such discussion or vote on or take \npart in it. Any member of the Gram Panchayat may be  chosen to \npreside at the meeting during the continuance of such discussion.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "22",
            "title": "Section 22. Functions of Gram Panchayat",
            "chapter": null,
            "content": "Subject to such condition as may be \nprescribed by the Government from time to time, the  Gram Panchayat \nshall perform the functions specified below : \n(i) General Functions. — (1) Preparation of annual plans for the \ndevelopment of the Panchayat area; \n(2) Preparation of annual budget; \n(3) Power to take up relief works during natural calamities; \n(4) Removal of encroachments on public properties; \n(5) Organising voluntary labour and contribution for community \nworks; \n(6) Maintenance of essential statistics of village( s). \n(ii) Agriculture, including Agriculture Extension. — (1)Promotion and \ndevelopment of agriculture and horticulture; \n(2) Development of waste lands; \n(3) Development and maintenance of grazing lands and preventing \ntheir unauthorised alienation and use. \n(iii) Animal Husbandry, Dairy and Poultry — (1) Improvement of breed of \ncattle, poultry and other livestock; \n  (2) Promotion of dairy farming, poultry and pigge ry; \n  (3) Grassland development. \n(iv) Fisheries. — Development of fisheries in the village(s). \n(v) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodde — \n(1) Planting and preservation of trees on the sides of roads and other \npublic lands under its control.  \n(2) Fuel plantations and fodder development; \n(3) Promotion of farm forestry; \n(4) Development of Social Forestry. \n(vi) Khadi, Village and Cottage Industries — (1) Promotion of rural and \ncottage industries; \n(2) Organisation of awareness camps, seminars and training \nprogrammes, agricultural and industrial exhibitions  for the benefit \nof rural areas. \n(vii) Rural Housing — (1) Distribution of house sites within its \njurisdiction. \n(2) Maintenance of records relating to house sites and other private \nand public properties. \n(viii) Drinking Water  — (1) Construction, repair and maintenance of \ndrinking water wells, tanks, ponds and hand pumps; \n(2) Prevention and control of water pollution; \n(3) Maintenance of rural water supply schemes. \n(ix) Roads, Buildings, Culverts, Bridges, Ferries, Water ways and other \nmeans of communication — (1) Construction and maintenance of \nvillage roads, drains and culverts; \n(2) Maintenance of buildings under its control or t ransferred to it by \nthe Government or any public authority; \n(3) Maintenance of boats, ferries and waterways. \n(x) Rural Electrification, including distribution of el ectricity and providing \nfor and maintenance of lighting public streets and other places. \n(xi) Non-Conventional Energy Sources — (1) Promotion and \ndevelopment of non-conventional energy schemes; \n(2) Setting up, development and maintenance of community non- \nconventional energy devices; \n(3) Propagation of other energy efficient devices. \n(xii) Poverty Alleviation Programmes  — (1) Promotion of public \nawareness and participation in poverty alleviation programmes for \nfuller employment and creation of productive assets; \n(2) Selection of beneficiaries under various progra mmes through \nGram Sabhas; \n(3) Participation in effective implementation and m onitoring of \npoverty alleviation programmes. \n(xiii) Education, including primary and secondary school e ducation — (1) \nPromotion of public awareness and participation in primary and \nsecondary education; \n(2) Ensuring full enrollment and attendance in primary schools and \ntheir management. \n(xiv) Adult and non-formal education  — Promotion of mass literacy. \n(xv) Libraries — Village libraries and reading rooms. \n(xvi) Cultural and Sports Activities — Promotion of social, cultural and \nsports activities. \n(xvii) Markets and Fairs. — Regulation and management of fairs (including \ncattle fairs) and festivals. \n(xviii) Rural Sanitation and Environment — (1) Maintenance of general \nsanitation; \n(2) Cleaning of public roads, drains, tanks, wells and other public \nplaces; \n(3) Maintenance and regulation of burning and buria l grounds; \n(4) Construction and maintenance of public latrines ; \n(5) Disposal of unclaimed corpses and carcasses; \n(6) Management and control of washing and bathing ghats. \n(7) Upgradation of environment and prevention of it s degradation \n(xix) Public Health and Family Welfare — (1) Implementation of family \nwelfare programmes and Public Health Centers; \n(2) Prevention of and taking remedial measures against epidemics; \n(3) Regulation of sale of meat, fish and other peri shable food \narticles; \n(4) Participation in programmes of human and animal  vaccination; \n(5) Licensing of eating and entertainment establish ments; \n(6) Regulation of curing, tanning and dyeing of ski ns and hides; \n(7) Regulation of offensive and dangerous trades. \n(xx) Women and Child Development — (1) Participation in the \nimplementation of women and child welfare programmes; \n(2) Promotion of education, health and nutrition pr ogrammes. \n(xxi) Social Welfare including welfare of the physically and mentally \nchallenged   \n(1)  Participation in the implementation of the social welfare \nprogrammes, including welfare of physically and men tally \nchallenged persons as well as destitutes; \n(2) Monitoring of the old-age and widows’ pension s chemes. \n(xxii) Welfare of the Weaker Sections and in particular th e Scheduled \nCastes and Scheduled Tribes — (1) Promotion of public awareness \nwith regard to welfare of Scheduled Castes, Schedul ed Tribes and \nother weaker sections; \n(2) Participation in the implementation of the specific programmes for \nthe welfare of the weaker sections. \n(xxiii) Public Distribution System — (1) Promotion of public awareness with \nregard to the distribution of essential commodities; \n(2) Monitoring the public distribution system. \n(xxiv) Maintenance of Community Assets — (1) Maintenance of \ncommunity assets belonging to the Gram Panchayat; \n(2) Preservation and maintenance of other community assets. \n(xxv) Construction and maintenance of Dharmshalas, Hostel s and similar \ninstitutions. \n(xxvi) Construction and maintenance of cattle sheds, pound s and cart \nstands. \n(xxvii) Construction and maintenance of slaughter houses. \n(xxviii) Maintenance of public parks, playgrounds, etc. \n(xxix) Regulation of garbage bins in public places. \n(xxx) Establishment and control of huts and sheds, and \n(xxxi) Such other functions as may be entrusted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "23",
            "title": "Section 23. Assignment of Functions to Gram Panchayat  (1) The Government",
            "chapter": null,
            "content": "may, by notification and subject to such conditions  as may be specified \ntherein — \n(a) transfer to any Gram Panchayat the management and maintenance \nof a forest situated in the Panchayat area; \n(b) make over to the Gram Panchayat the management of waste lands, \npasture lands or vacant lands belonging to the Gove rnment, situated \nwithin the Panchayat area; \n(c)  Entrust to the Gram Panchayat the collection o f land revenue on \nbehalf of the Government and the maintenance of suc h records as \nare connected therewith; and  \n(d) Entrust such other functions as may be prescrib ed :  \n  Provided that no entrustment under clause (c) shall  be made \nwithout the concurrence of the Gram Panchayat concerned : \nProvided further that when any transfer of the mana gement and \nmaintenance of a forest is made under clause (a) th e Government shall \ndirect that any amount required for such management  and maintenance \nor an adequate portion of the income from such fore st be placed at the \ndisposal of the Gram Panchayat. \n(2) The Government may, by notification, modify, change or withdraw the \nfunctions assigned under this Section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "24",
            "title": "Section 24. General powers of the Gram Panchayat",
            "chapter": null,
            "content": "A Gram Panchayat shall \nhave powers to do all acts necessary for or inciden tal to the carrying out \nof the functions entrusted, assigned or delegated to it and in particular and \nwithout prejudice to the foregoing powers, to exerc ise all powers specified \nunder this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "25",
            "title": "Section 25. Standing Committees of Gram Panchayat",
            "chapter": null,
            "content": "(1)A Gram Panchayat \nshall constitute the following committees by electi on from among its \nmembers for effective discharge of its functions - \n(i) Planning, Co-ordination and Finance Committee: for performing \ngeneral functions relating to Gram Panchayat includ ing subjects \nmentioned in section 22, co-ordination of the work of other \ncommittees and all residuary functions not under th e charge of other \ncommittees. \n(ii) Production Committee - for performing function s relating to \nagriculture, animal husbandry, dairy, poultry and f isheries, forestry- \nrelated areas, khadi, village and cottage industrie s and poverty \nalleviation programmes. \n(iii) Social Justice Committee: for performing func tions relating to : \na. Promotion of educational, economic, social, cult ural and other \ninterests of Scheduled Castes, Scheduled Tribes and other weaker \nsections. \nb. Protection of such castes and classes from socia l injustice and all \nforms of exploitation.  \nc. Welfare of women and children. \n(iv) Education Committee - for performing functions  relating to education, \nincluding primary, secondary and mass education, li braries and \ncultural activities. \n(v) Committee on Public Health, Family Welfare and Rural Sanitation - \nfor performing functions relating to public health,  family welfare and \nrural sanitation. \n(vi) Public Works Committee - for performing functi ons relating to all kinds \nof constructions and maintenance including rural ho using, sources of \nwater supply, roads and other means of communicatio n, rural \nelectrification and related works. \n(2) Each committee shall consist of not less than t hree and not more than \nfive members including the Chairman. Each committee  can co-opt not \nmore than two members from among experts or public spirited persons \nfor effective discharge of its responsibilities.   \n(3) The Mukhiya shall be the ex-officio member and chairman of the \nPlanning, Co-ordination and Finance Committee and s hall nominate a \nchairman of each committee from among its elected m embers. \nMukhiya shall not hold charge of chairman of more t han three \ncommittees including the Planning,Co-ordination and  Finance \nCommittee. \nProvided that each committee shall have at least on e woman \nmember and further, social justice committee shall have a member \nbelonging to the Scheduled Castes or Scheduled Trib es, subject to \navailability.  \n(4)  As far as possible, no elected member of the Gram Panchayat shall \nserve on more than three committees.  \n(5) Panchayat Secretary shall be the secretary of t he Planning, Co- \nordination and Finance Committee. For other Standin g Committees \nthe District Magistrate or any other officer author ised by him in this \nbehalf shall nominate a Government servant to function as secretary.    \n(6) The standing committees shall perform the funct ions referred to \nabove under the general guidance, supervision and c ontrol of the \nGram Panchayat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "26",
            "title": "Section 26. Property and Funds of Gram Panchayat :",
            "chapter": null,
            "content": "(1) A Gram Panchayat \nshall have the power to acquire, hold and dispose o f property and to enter \ninto contract,  \n Provided that in all cases of disposal of immovabl e property by the \nGram Panchayat, it shall obtain the prior approval of the Government. \n(2) All property within the local limits of the jur isdiction of Gram \nPanchayat of the nature hereinafter in this section  specified, other \nthan property belonging to or maintained by the Cen tral or the State \nGovernment or a local authority or any other Gram P anchayat, shall \nvest in and belong to the Gram Panchayat, and shall  with all other \nproperty of whatsoever nature or kind which may bec ome vested in \nthe Gram Panchayat, be under its direction, management and control, \nthat is to say— \n(a) All general properties; \n(b) All public streets, including the soil, stones and other materials \nthereof and all drains, bridges, culverts, trees, e rection materials, \nimplements and other things provided for such streets; \n(c) All public channels, water courses, springs, ta nks, ghats, \nreservoirs, cisterns, wells, aquaducts, conduits, t unnels, pipes, \npumps and other water works whether made, laid or e rected at \nthe cost of the Gram Panchayat or otherwise, and al l bridges, \nbuildings, engines, work, materials, and things con nected \ntherewith or appertaining thereto and also any adja cent land (not \nbeing private property) appertaining to any public tank :   \n Provided that water pipes and water works, connect ed \ntherewith or appertaining thereto which with the co nsent of the Gram \nPanchayat are laid or set up in any street by the o wners of any mill, \nfactory, industry, workshop or the like, primarily for the use of their \nemployees shall not be deemed to be public water works by reason of \ntheir being used by the public; \n(d) All public sewers and drains and all works, materials and things \nappertaining thereto and other conservancy works : \n Provided that for the purpose of enlarging, deepen ing or \notherwise repairing or maintaining any such sewer o r drain the sub- \nsoil appertaining thereto shall also be deemed to v est in the Gram \nPanchayat; \n(e) All sewage, rubbish and offensive matter deposi ted on streets or \ncollected by the Gram Panchayat from streets, latri nes, urinals, \nsewers, cesspools and other places; \n(f) All public lamps, lamp-posts and apparatus conn ected therewith \nor appertaining thereto; and \n(g) All buildings erected by the Gram Panchayat and  all lands and \nbuildings or the property transferred to the Gram P anchayat by \nthe Central or the State Government or acquired by gift, purchase \nor otherwise for local public purposes.  \n(3) The State Government may, by notification, excl ude any street, bridge \nor drain from the operation of this Act or of any s pecified section of \nthis Act : \nProvided that if the cost of the construction of th e work had been \npaid from the Gram Panchayat Fund, such work shall not be excluded \nfrom the operation of this Act or any specified Sec tion of this Act, except \nafter consideration of the views of the Gram Panchayat at a meeting. \n(4) The Government may allocate to a Gram Panchayat  any public \nproperty situated within its local jurisdiction, an d thereupon such \nproperty shall vest in and come under the control o f the Gram \nPanchayat. \n(5) For every Gram Panchayat there shall be constit uted a Gram \nPanchayat Fund bearing the name of the Gram Panchay at and there \nshall be placed to the credit thereof — \n(a) Contributions and grants, if any, made by the Central or the State \nGovernment; \n(b) Contributions and grants, if any, made by the Z ila Parishad, \nPanchayat Samiti or any other local authority; \n(c) Loans, if any, granted by the Central or the St ate Government; \n(d) All receipts on accounts of taxes, rates and fe es levied by it; \n(e) All receipts in respect of any schools, hospita ls, dispensaries, \nbuildings, institutions or works vested in, constructed by or placed \nunder the control and management of the Gram Panchayat; \n(f) All sums received as gift or contribution and a ll income from any \ntrust or endowment made in favour of the Gram Panchayat; \n(g) Such fines and penalties imposed and realised u nder the \nprovisions of this Act as may be prescribed; and \n(h) All other sums received by or on behalf of the Gram Panchayat. \n(6)  Every Gram Panchayat shall set apart and apply  annually such sum \nas may be required to meet— \n(a) The cost of its own administration including the payment of \nsalary, allowances, provident fund and gratuity to the officers and \nemployees. \n(b) Every Gram Panchayat shall have the power to sp end such sums \nas it thinks fit for carrying out the purposes of this Act. \n(c) The Gram Panchayat Fund shall be vested in the Gram \nPanchayat and the balance to the credit of the Fund shall be kept \nin such custody as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "27",
            "title": "Section 27. Taxation by Gram Panchayat :",
            "chapter": null,
            "content": "(1) Subject to such rules as may be \nmade in this behalf and the maximum rates specified  by the Government, \na Gram Panchayat may impose yearly — \n(a) Tax on occupants of holdings; \n(b) On professions, trades, callings and employments carried on or held \nwithin the local limits of its jurisdiction a tax o n the basis of total \nannual income accrued from such profession, trades,  callings and \nemployments.  \n(2) Subject to such maximum rates as the Government  may prescribe, a \nGram Panchayat may realize the following fees and rates, namely – \n(a) Fees on the registration of vehicles which are not registered \nunder any other law in force at that time; \n(b) Fee for providing sanitary arrangements at such  places of \npilgrimage, haats, melas and public use within its jurisdiction as \nmay be specified by the Government by notification;\n(c) Water Rate, where arrangement for the supply of  water for \ndrinking, irrigation or any other purpose is made b y or on behalf \nof the Gram Panchayat within its jurisdiction; \n(d) Lighting Fee, where arrangement for lighting of  public streets and \nplaces is made by or on behalf of the Gram Panchaya t within its \njurisdiction; \n(e) Conservancy Rate, where arrangement for cleanin g private latrines, \nurinals and cesspools is made by or on behalf of the Gram Panchayat \nwithin its jurisdiction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "28",
            "title": "Section 28. Financial Assistance to Gram  Panchayats",
            "chapter": null,
            "content": "Subject to the \nprovisions of this section, every Panchayat shall, after an appropriation \nmade by law in this behalf, be entitled to receive grants in aid from the \nConsolidated Fund of the State as recommended by th e State Finance \nCommission, constituted under the provisions of this Act, and as approved \nand notified by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "29",
            "title": "Section 29. Budget of the Gram Panchayat",
            "chapter": null,
            "content": "Every Gram Panchayat shall, at such \ntime and in such manner as may be prescribed, prepa re in each year, \ncorresponding to the financial year of the State Go vernment, a budget of \nits estimated receipts and disbursements for the fo llowing year and shall \nget it approved in its meeting by a majority of mem bers present and for \nwhich the quorum shall be not less than fifty per c ent of its total numbers \nof members.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "30",
            "title": "Section 30. Accounts.",
            "chapter": null,
            "content": "The income and expenditure account of every Gram \nPanchayat shall be maintained in such form and manner as prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "31",
            "title": "Section 31. Audit.",
            "chapter": null,
            "content": "(1) The audit of the accounts of a Gram Panchayat s hall be \ncarried out by the authority as may be prescribed b y the Government and \na copy of the audit report shall be forwarded to th e Gram Panchayat \nwithin one month of the completion of the audit. \n(2) On receipt of the audit report referred to in sub-section (1), the Gram \nPanchayat shall either remedy the defects or irregularities which have \nbeen pointed out in the audit and send to the Panch ayat Samiti within \nthree months an intimation of its having done so or  shall, within the \nsaid period, supply any further explanation to the prescribed authority \nin regard to such defects or irregularities as it may wish to give. \n(3) Apart from audit conducted by the prescribed au thority mentioned in \nsub-section (1) above, concurrent audit or special audit of a Gram \nPanchayat may be made in the manner prescribed for this purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "32",
            "title": "Section 32. Staff of Gram Panchayat.",
            "chapter": null,
            "content": "(1)There shall be a Panchayat Secretary in \nGram Panchayat to be appointed in the manner as may be prescribed. \n(2) The Panchayat Secretary shall be in charge of t he office of the Gram \nPanchayat and shall perform all the duties and exer cise all the \npowers imposed or conferred upon him by or under th is Act or any \nrules or bye-laws made thereunder or under any othe r Act or Rules \nfor the time being in force. \n(3)  Subject to such rules as may be made by the St ate \nGovernment in this behalf, a Gram Panchayat may fro m time to time \nengage such number of paid or honorary functionaries or professionals as \nmay be required by it for carrying out its functions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "33",
            "title": "Section 33. Organisation of Gram Raksha Dal",
            "chapter": null,
            "content": "For general watch and ward and \nfor meeting emergent events like fire, flood, breac h of embankment, \ncollapse of bridge, outbreak of epidemic, to encoun ter burglary or dacoity \netc. or in order to perform such other duties that may be imposed by the \nGovernment from time to time and for maintenance of  public peace and \norder, a Gram Raksha Dal shall be organised under a Dalpati, appointed in \nthe prescribed manner, for every Gram Panchayat and  all able-bodied \npersons of a village between the ages of 18 and 30 years shall be \nmembers of the said Dal. The Government may make ru les for the \norganisation, duty and utilisation of Gram Raksha Dal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "38",
            "title": "CHAPTER IV - PANCHAYAT SAMITI",
            "chapter": "CHAPTER IV",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "34",
            "title": "Section 34. Establishment of Panchayat Samiti",
            "chapter": null,
            "content": "(1)  For every Block there shall be a Panchayat Samiti having \njurisdiction save as otherwise provided in this Act , over the entire Block \nexcluding such portions of the Block as are include d in or are under the \nauthority of a Municipality or a Cantonment Board c onstituted under any law \nfor the time being in force. \n (2)  Every Panchayat Samiti shall be a body corporate by the name of \nits Panchayat Samiti and shall have perpetual succe ssion and a common seal \nand subject to such restrictions as are imposed by or under this Act or any \nother enactment, shall be vested with the capacity of suing or being sued in its \ncorporate name, of acquiring, holding and transferr ing property, movable or \nimmovable, whether without or within the limits of the area over which it has \nauthority, or entering into contracts and of doing all things necessary, proper \nand expedient for the purpose for which it is constituted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "35",
            "title": "Section 35. Declaration of Blocks",
            "chapter": null,
            "content": "For the purposes of this Act, the State \nGovernment may, by notification in the official Gazette declare any area, within \nthe district to be a Block and name that Block; and\n(a) include any area within that district in the Block so declared;  \n(b) exclude any area from any such Block, or \n(c) transfer any area from one Block to another within the same district.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "36",
            "title": "Section 36. Composition of Panchayat Samiti",
            "chapter": null,
            "content": "(1) A Panchayat Samiti shall consist \nof- \n(a) directly elected members from the Panchayat Sam iti’s territorial \nconstituencies, as determined under this Act; \n(b) members of Lok Sabha and members of the Legisla tive Assembly of \nthe State, representing constituencies which fall either wholly or partly \nin the Panchayat Samiti area; \n(c) members of Rajya Sabha and members of the State  Legislative \nCouncil, who are registered as electors within the Panchayat Samiti \narea; \n(d) All the Mukhiyas of the Gram Panchayats falling  within the Panchayat \nSamiti area. \n(2) Every member of the Panchayat Samiti shall have  the right to vote in its \nmeeting, but in case of election and removal of Pra mukh and Up- \nPramukh, only members elected under clause (a) of s ub-section (1) shall \nhave the right to vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "37",
            "title": "Section 37. Elected Members",
            "chapter": null,
            "content": "(1) The number of elected members of a Panchayat \nSamiti shall be such as may be notified from time t o time by the District \nMagistrate and each of such members shall represent  as nearly as  may \nbe a population of five thousand of the Panchayat S amiti area as far as \npossible \n(2) For the convenience of election, the District Magistrate shall, in accordance \nwith such rules as may be prescribed in this behalf  by the State \nGovernment, divide the area of the Panchayat Samiti  under the direction, \ncontrol and supervision of the State Election Commi ssion into territorial \nconstituencies in such manner that the ratio betwee n the population of \neach constituency, so far as practicable, be the sa me throughout the \nPanchayat Samiti area.   \n(3) From each territorial constituency one member shall be directly elected \nin the manner prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "38",
            "title": "Section 38. Reservation of Seats",
            "chapter": null,
            "content": "(1) In every Panchayat Samiti, as nearly as but no t \nexceeding fifty percent of the total seats of the m ember of Panchayat \nSamiti shall be reserved for  \n(a)  Scheduled Castes; \n(b)  Scheduled Tribes; and \n(c)  Backward Classes. \nThe number of seats so reserved for Scheduled Caste s and \nScheduled Tribes shall bear as nearly as may be, th e same proportion to \nthe total number of seats to be filled up by direct  election in that \nPanchayat Samiti as the population of the Scheduled  Castes and \nScheduled Tribes bears to the total population of that area and such seats \nshall be allotted by rotation to different constitu encies in a Panchayat \nSamiti by the District Magistrate under the directi on, control and \nsupervision of the State Election Commission in the prescribed manner.  \nAfter reservation of seats for the Scheduled Castes  and the Scheduled \nTribes, the number of seats to be reserved for the Backward Classes shall \nbe as nearly as possible but not exceeding twenty p ercent of the total \nseats and within the overall limit of fifty percent  reservation for the \nScheduled Castes, the Scheduled Tribes and the Back ward Classes \ntaken together and shall be allotted to the remaini ng constituencies by the \nDistrict Magistrate in the prescribed manner. Such seats shall be allotted \nby rotation to different constituencies in a Pancha yat Samiti by the District \nMagistrate during subsequent elections under the di rection, control and \nsupervision of the State Election Commission in the manner prescribed by \nit.   \n(2) As nearly as but not exceeding fifty percent of the total number of \nseats reserved under sub-section (1) shall be reser ved for women \nbelonging to the Scheduled Castes, the Scheduled Tr ibes and the \nBackward Classes, as the case may be. \n(3) As nearly as but not exceeding fifty percent of  the total number of \nseats not reserved for Scheduled Castes, Scheduled Tribes and \nBackward Classes shall be reserved for women. \n(4)  Such total number of seats reserved for women belonging to the \nScheduled Castes, the Scheduled Tribes, the Backwar d Classes and \nunreserved category may be allotted by rotation by the District \nMagistrate under the direction, control and supervi sion of the State \nElection Commission to different constituencies in a Panchayat Samiti \nin such manner as may be prescribed by it. \nExplanation -  For the removal of doubts it is hereby declared th at the \nprinciple of rotation for the purposes of reservati on of offices for the \nScheduled Castes and Scheduled Tribes under this su b-section shall \ncommence from the first election held after the com mencement of the \nBihar Panchayat Raj Act, 1993.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "39",
            "title": "Section 39. Duration of Panchayat Samiti",
            "chapter": null,
            "content": "(1) Every Panchayat Samiti, save as \notherwise provided in this Act, shall continue for a term of five years from \nthe date appointed for its first meeting and no longer. \n(2) No amendment of any law for the time being in f orce shall have the \neffect of causing dissolution of Panchayat Samiti w hich is functioning \nimmediately before such amendment, till the expirat ion of its duration \nspecified in sub-section (1). \n(3) The election to constitute a Panchayat Samiti shall be completed in the \nfollowing manner – \n(a)  before the expiry of its duration as specified in sub-section (1); \n(b) in case of dissolution, before the expiration o f a period of six \nmonths from the date of such dissolution; \n Provided that where the remainder of the period fo r which the dissolved \nPanchayat Samiti would have continued is less than six months, it shall \nnot be necessary to hold any election under this clause for constituting the \nPanchayat Samiti for such period. \n(4) A Panchayat Samiti constituted consequent upon the dissolution of an \nearlier Panchayat Samiti before the expiration of i ts duration, shall \ncontinue only for the remainder of the period for w hich the dissolved \nPanchayat Samiti would have continued under Sub-sec tion(1), had it \nnot been so dissolved.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "40",
            "title": "Section 40. Election of Pramukh and Up",
            "chapter": null,
            "content": "Pramukh  -  (1) Under the supervision, \ncontrol and direction of the State Election Commission :  \n(a) The elected members of the Panchayat Samiti ref erred to in clause \n(a) of sub-section (1) of section 36 shall, as soon as may be, elect two \nmembers from among themselves to be the Pramukh and  Up- \nPramukh respectively of the Panchayat Samiti;  \n(b) If any subsequent vacancy is caused in the offi ce of Pramukh \nor Up-pramukh, the elected members of the Panchayat  Samiti \nshall elect another member from among themselves to  be the \nPramukh or Up-pramukh as the case may be : \nProvided that no such election shall be held if the vacancy is for a \nperiod of less than one month. \n(2)  Reservation of Seats -  For the post of Pramukh, as nearly as but not \nexceeding fifty percent of the total seats of Pramu kh in every district \nshall be reserved for  \n (a) Scheduled Castes; \n (b) Scheduled Tribes; and \n(c) Backward Classes. \n  Within every district, seats shall be reserved fo r Scheduled \nCastes and Scheduled Tribes for the post of Pramukh  and the number of \nseats so reserved shall bear as nearly as possible the same proportion to \nthe total number of seats of Pramukh within the sai d district as the \npopulation of the Scheduled Castes/Scheduled Tribes  bears to the \nproportion of the total population of that area and  such seats shall be \nallotted by rotation to different Panchayat Samitis  within the district by the \nDistrict Magistrate under the direction, control and supervision of the State \nElection Commission in the manner prescribed by it.\n  After reservation of seats of Pramukh for the Sched uled Castes \nand the Scheduled Tribes, the number of seats to be  reserved for the \nBackward Classes shall be as nearly as possible but  not exceeding \ntwenty percent of the total seats and within the ov erall limit of fifty percent \nreservation for the Scheduled Castes, the Scheduled  Tribes and the \nBackward Classes and shall be allotted to the remai ning Panchayat \nSamitis by the District Magistrate in the prescribe d manner. Such seats \nshall be allotted by rotation to different Panchaya t Samitis in a district by \nthe District Magistrate during subsequent elections  under the direction, \ncontrol and supervision of the State Election Commi ssion in the manner \nprescribed by it.   \n(ii) As nearly as but not exceeding fifty percent o f the total number of \nseats of Pramukh so reserved under Sub-section (i) shall be \nreserved for women belonging to Scheduled Castes, S cheduled \nTribes and Backward Classes as the case may be. \n(iii)As nearly as but not exceeding fifty percent o f the total number of seats of \nPramukh not reserved for Scheduled Castes, Scheduled Tribes and Backward \nClasses shall be reserved for women. \n(iv) Such total number of seats of Pramukh reserved for women belonging to \nthe Scheduled Castes, the Scheduled Tribes, the Bac kward Classes and \nunreserved category may be allotted by rotation by the District Magistrate \nunder the direction, control and supervision of the  State Election Commission \nto different Panchayat Samitis in a district in suc h manner as may be \nprescribed by it. \nExplanation - For the removal of doubts it is hereby declared tha t the \nprinciple of rotation for the purposes of reservati on of offices for the \nScheduled Castes and Scheduled Tribes under this su b-section shall \ncommence from the first election held after the com mencement of the \nBihar Panchayat Raj Act, 1993.  \n(3)  The term of office of Pramukh and Up-Pramukh o f a Panchayat Samiti \nshall, save as otherwise provided in this Act, ceas e on the expiry of  his term \nof office as a member of the Panchayat Samiti. \n(4)  The election of Pramukh and Up-pramukh, filling up of vacancies in the \nsaid offices and determination of disputes relating  to such election shall be in \naccordance with such rules or procedure as may be p rescribed by the State \nElection Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 440
        },
        {
            "number": "41",
            "title": "Section 41. Allowances to the Pramukh, Up",
            "chapter": null,
            "content": "Pramukh and other mem bers -\nPramukh, Up-Pramukh and other members of the Pancha yat Samiti shall \nbe entitled to receive such sitting fee and allowan ces as may be \nprescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 450
        },
        {
            "number": "42",
            "title": "Section 42. Powers, Functions and Duties of the Pramukh",
            "chapter": null,
            "content": "The Pramukh shall- \n(a) convene, preside and conduct the meetings of th e Panchayat \nSamiti; \n(b) exercise supervision and control over the Execu tive Officer for securing \nimplementation of resolutions or decisions of the P anchayat Samiti or of the \nStanding Committees, which are not inconsistent with the provisions of this Act \nor any general or special directions issued under this Act; \n(c) exercise overall control over the financial and  executive \nadministration of the Panchayat Samiti and place be fore the \nPanchayat Samiti all questions connected therewith which shall \nappear to him to require its orders and for this purpose may call for \nrecords of Panchayat Samiti; and \n(d)   have power to accord sanction upto a total su m of twenty five \nthousand rupees in a year for the purposes of provi ding immediate \nrelief to those who are affected by any natural cal amity in the \nPanchayat Samiti area : \nProvided that the Pramukh shall place at the next meeting of the \nPanchayat Samiti the details of such sanctions for its ratification.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "43",
            "title": "Section 43. Powers, Functions and Duties of Up",
            "chapter": null,
            "content": "Pramukh-  The Up-Pramukh of the \nPanchayat Samiti shall- \n(a)   in the absence of the Pramukh, preside over t he  meetings of the \nPanchayat Samiti; \n(b)  exercise such powers and perform such duties  of the Pramukh of \nthe Panchayat Samiti as the  Pramukh from time to t ime may, subject to the \n rules made by the Government in that behalf,  dele gate to him by an \norder in writing; and \n(c) pending the election of the Pramukh, or during  the absence \nof the Pramukh from the Panchayat  area or by reaso n of the \nPramukh being on  leave for a period exceeding fift een days, \n exercise the powers and perform the duties of the Pramukh; \n Provided that as soon as the Pramukh returns from absence, he will \nresume the exercise of all such powers and shall st art performing all the \nfunctions and discharging all the duties of the Pramukh.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "44",
            "title": "Section 44. Resignation and Removal of Pramukh and Up",
            "chapter": null,
            "content": "Pramukh-  \n (1) The Pramukh may resign his office by writing u nder his hand and \naddressed to the Subdivisional Magistrate and the Up-Pramukh may resign his \noffice by writing under his hand addressed to the P ramukh and in the absence \nof Pramukh to the Subdivisional Magistrate and the said office shall be \ndeemed to be vacant on the expiry of seven days fro m the date of such \nresignation unless within the said period of seven days he withdraws such \nresignation by writing under his hand addressed to the Subdivisional \nMagistrate or the Pramukh, as the case may be. \n (2) A Pramukh or Up- Pramukh shall vacate office if he ceases to be a \nmember of the Panchayat Samiti. \n (3) (i) A Pramukh/Up-Pramukh of the Panchayat Samiti shall be deemed \nto have vacated his office forthwith if a resolutio n expressing want of \nconfidence in him is passed by a majority of the to tal number of elected \nmembers of the Panchayat Samiti at a meeting specia lly convened for the \npurpose. \n The requisition for such a special meeting shall be presented to the \nPramukh in writing with a copy to the Executive Off icer of the Panchayat \nSamiti, by not less than one third of the total num ber of members elected \ndirectly from the territorial constituencies of the  Panchayat Samiti. The \nExecutive Officer shall immediately bring the requi sition to the notice of the \nPramukh. The Pramukh shall convene such meeting on a date falling within 15 \ndays of such requisition. If the Pramukh fails to c all the special meeting, the \nUp-Pramukh or one third of the total number of dire ctly elected members may \nfix a date for such meeting and require the Executi ve Officer to give notice to \nthe members and to take such action as may be neces sary to convene the \nmeeting. The Executive Officer shall necessarily is sue such notice in time and \nconvene the meeting. No such meeting shall be postp oned once the notice for \nthe same has been issued. No quorum shall be requir ed for the special \nmeeting convened to discuss no confidence motion. \n(ii)  No confidence motion shall not be moved against  the Pramukh or the \nUp-Pramukh within the first  two year period of the ir tenure. \n (iii)  If the motion of no confidence brought agai nst the Pramukh or the Up- \nPramukh or both is once rejected, no fresh motion o f no confidence \nagainst the Pramukh or the Up-pramukh or both, as t he case may be, \nshall be brought before the Panchayat Samiti within a period of one year \nfrom the date of such rejection of the motion. \n(iv) No confidence motion against the Pramukh or Up -Pramukh or both, as the \ncase may be, shall not be brought during the last s ix months of the term \nof the Panchayat Samiti as mentioned in section 39 (1) of this Act. \n(v) Such reasons/charges, on the basis of which no confidence motion has to \nbe moved against the Pramukh or Up-Pramukh, shall b e clearly \nmentioned in the notice of meeting called to consid er the no confidence \nmotion. \n(vi) As soon as the meeting called under this secti on begins, the presiding \nmember of this meeting shall read out the motion on  which the meeting has \nbeen called to consider before the members present and declare it open for \ndiscussion. Any discussion on the motion shall not be adjourned. \n(vii) During discussion, opportunity shall be given  to the Pramukh/Up-Pramukh \nagainst whom no confidence motion has been moved fo r his defence before \nthe Panchayat Samiti. The motion shall be put to vo te on the same day after \ndiscussion and shall take place by secret ballot in the prescribed manner. \n (viii) In case of no confidence motion against a P ramukh, the meeting \nshall be presided by the Up-Pramukh; in case of mot ion against Up-Pramukh \nby the Pramukh and in case of motion against both P ramukh and Up- \nPramukh, by any member elected from among the membe rs of the Panchayat \nSamiti present in the meeting. \n  In case of the post of Up-Pramukh being vacant or his absence \nfrom the meeting convened for discussion on no conf idence motion against \nthe Pramukh or the post of Pramukh being vacant or his absence from the \nmeeting convened for discussion on no confidence mo tion against the Up- \nPramukh, as the case may be, shall be presided over  by any member elected \nfrom amongst the directly elected members from the territorial constituency of \nthe Panchayat Samiti present in the meeting. \n (4) Without prejudice to the provisions under this Act, if in opinion of the \nCommissioner having territorial jurisdiction over t he Panchayat Samiti, a \nPramukh or an Up-Pramukh of Panchayat Samiti absent s himself without \nsufficient cause for more than three consecutive meetings or sittings or willfully \nomits or refuses to perform his duties and function s under this Act, or abuses \nthe power vested in him or is found to be guilty of  misconduct in the discharge \nof his duties or becomes physically or mentally inca pacitated for performing \nhis duties or is absconding being an accused in a c riminal case for more than \nsix months, the Commissioner may, after giving the Pramukh or Up-Pramukh, \nas the case may be, a reasonable opportunity for ex planation, by order, \nremove such Pramukh or Up-Pramukh, as the case may be, from office;  \n The Pramukh or Up-Pramukh so removed shall not be eligible for re- \nelection as Pramukh or Up-Pramukh of Panchayat Samiti during the remaining \nterm of office of such Panchayat Samiti; \n Appeal shall lie before the Member, Board of Revenue against the order \nof the Commissioner. \n (5) A Pramukh or Up- Pramukh removed from his office under sub- \nsection (4) may also be removed by the Government f rom membership of the \nPanchayat Samiti.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "45",
            "title": "Section 45. Resignation of Member",
            "chapter": null,
            "content": "An elected member of a Panchayat Samiti \nmay resign his membership in writing under his hand  and addressed to the \nPramukh of the Panchayat Samiti and his seat shall become vacant on the \nexpiry of seven clear days from the date of such re signation unless within the \nsaid period of seven days he withdraws such resigna tion by writing under his \nhand addressed to the Pramukh.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "46",
            "title": "Section 46. Meetings of Panchayat Samiti",
            "chapter": null,
            "content": "(1) A Panchayat Samiti shall hold \na meeting for the transaction of business at least once in two months \n(hereinafter in this section called the ordinary meeting) and shall subject to the \nprovisions of the following sub-sections, make regu lations in conformity with \nthis Act or with any rules made thereunder with res pect to the day, hour, \nnotice, management and adjournment of its meetings and generally with \nrespect to the transaction of business thereto. \n(2) Every meeting of the Panchayat Samiti shall ordinarily be held at the \nheadquarters of the Panchayat Samiti. \n(3) The date of the first meeting of the Panchayat Samiti after its constitution \nshall be fixed by the Subdivisional Magistrate who shall preside at such \nmeeting and date of each subsequent ordinary meetin g shall be fixed at the \nprevious meeting of the Panchayat Samiti, provided that the Pramukh may for \nsufficient reason alter the day of the meeting to a  subsequent date. The \nPramukh may, whenever he thinks fit and upon the wr itten request of not less \nthan one third of the total number of members and o n a date within fifteen \ndays from the receipt of such request shall call a special meeting. Such \nrequest shall specify the object for which the meeting is proposed to be called. \nIf the Pramukh fails to call a special meeting, the  Up-Pramukh or one-third of \nthe total number of members may call the special me eting for a day not more \nthan fifteen days after presentation of such reques t and require the Executive \nOfficer to give notice to the members and to take s uch action as may be \nnecessary to convene the meeting. \n(4) Ten clear days’ notice of an ordinary meeting a nd seven clear days’ \nnotice of a special meeting specifying the time at which such meeting \nis to be held and the business to be transacted the reat shall be sent \nto the members and affixed at the office of the Pan chayat Samiti. \nSuch notice shall include in case of a special meet ing any motion or \nproposition mentioned in the written request made for such meeting. \n(5) Half of the total number of members of the Panc hayat Samiti shall \nform a quorum for transacting business at a meeting of the Panchayat \nSamiti. If at the time appointed for the meeting a quorum is not \npresent, the person presiding shall wait for one ho ur and if within \nsuch period there is a quorum, proceed with the mee ting, but if within \nsuch period there is no quorum, the person presidin g shall adjourn \nthe meeting to such hour on some future day as he m ay deem fit. He \nshall similarly adjourn the meeting at any time aft er it has begun if his \nattention is drawn to the want of quorum. At such a djourned meetings \na quorum of at least one fifth of the total number of member shall be \nrequired and the business which would have been bro ught before the \noriginal meeting shall be transacted. \n(6) Every meeting shall be presided over by the Pra mukh or if he is \nabsent by the Up-Pramukh and if both are absent or if the Pramukh is \nabsent and there is no Up-Pramukh the members prese nt shall elect \none from among themselves to preside. \n(7) All questions shall, unless otherwise especiall y provided, be decided \nby a majority of votes of the members present and v oting. The \npresiding member, unless he refrains from voting, s hall give vote \nbefore declaring the number of votes for and agains t a question and \nin case of equality of votes he may give his casting vote. \n (8) No member of a Panchayat Samiti shall vote on,  or take part in \nthe discussion of, any question coming up for consi deration at a \nmeeting of the Panchayat Samiti, if the question is one in which, apart \nfrom its general application to the public, he has any pecuniary or \npersonal interest and if the person presiding has s uch an interest, he \nshall not preside over the meeting when such questi on comes up for \nconsideration. \n(9) If the person presiding is believed by any memb er present at the \nmeeting to have any such pecuniary or personal interest in any matter \nunder discussion and if a motion to that effect be carried, he shall not \npreside at the meeting during such discussion or vo te on or take part \nin it. Any member of the Panchayat Samiti may be ch osen to preside \nat the meeting during the continuance of such discussion. \n  (10) No proposition shall be discussed at any ord inary meeting unless it \nhas been entered in the notice convening such meeti ng or in the case of a \nspecial meeting in the written request for such mee ting. A member may \npropose any resolution connected with or incidental to the subjects included in \nthe list of business. The Pramukh may propose any u rgent subject of a routine \nnature not included in the list of business if no m ember objects to it. No \npermission shall be given in the case of a motion o r proposition to modify or \ncancel any resolution within three months after pas sing thereof except in \naccordance with sub-section (12). The order in whic h any business or \nproposition shall be brought forward at such meetin g shall be determined by \npresiding authority who in case it is proposed by any member to give particular \nproposition shall put the proposal to the meeting and be guided by the majority \nof votes given for or against the proposal. \n (11) Any ordinary meeting may with the consent of a majority of the \nmembers present be adjourned from time to time but no business shall be \ntransacted at any adjourned meeting other than that  left or undisposed at that \nmeeting. \n (12)   No resolution of Panchayat Samiti shall be modified  or cancelled \nwithin six months after passing thereof except by a  resolution passed by not \nless than one-half of the total number of members a t an ordinary or special \nmeeting the notice whereof shall have been given fu lfilling the requirements of \nsub-section (4) and setting forth fully the resolut ion which it is proposed to \nmodify fully or cancel at such meeting and motion o r proposition for \nmodification or cancellation of such resolution. \n (13)  The proceeding of every meeting shall be recorded in the minutes \nbook immediately after the deliberations of the mee ting and shall after being \nread over by the presiding authority of the meeting  be signed by him. The \naction taken on the decisions of the Panchayat Sami ti shall be reported at the \nnext meeting of the Panchayat Samiti. The minutes b ook shall always be kept \nin the office of the Panchayat Samiti. The Executiv e Officer shall be the \ncustodian of the minute book. \n (14) The Panchayat Samiti may require the presence of Government \nofficers at its meeting. If it appears to a Panchay at Samiti that the attendance \nof any officer of the Government having jurisdiction over an area of a district or \npart of a district and not working under the Pancha yat Samiti is desirable at a \nmeeting of the Panchayat Samiti, the Executive Offi cer shall by a letter \naddressed to such officer not less than fifteen day s before the intended \nmeeting request that officer to be present at the m eeting and the officer shall, \nunless prevented by sickness or other reasonable cause, attend the meeting : \n Provided that the officer on receipt of such lette r may if he for any of the \nreasons aforesaid is unable to be present thereat h imself, instruct his deputy \nor other competent subordinate officer to represent him at the meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "47",
            "title": "Section 47. Functions and power of Panchayat Samiti",
            "chapter": null,
            "content": "(1) Subject to such \nconditions as may be prescribed by the Government f rom time to time, the \nPanchayat Samiti shall undertake the following :- \n(i) Preparation of annual plans in respect of the schemes entrusted to it by \nvirtue of this Act and those assigned to it by the Government or the Zila \nParishad and submission thereof to the Zila Parisha d within the \nprescribed time for integration with the district plan; \n(ii) Consideration and consolidation of annual plan s of all Gram \nPanchayats in the Samiti and submission of the cons olidated plan to the \nZila Parishad; \n(iii) Preparation of annual budget of the Panchayat  Samiti and \nsubmission of  consolidated plan to the Zila Parish ad; \n(iv)  Performing such functions and executing such works as may be \nentrusted to it by the Government or the Zila Parishad; \n(v) Providing relief to victims of natural calamiti es. \n(2)   Agriculture (including Agricultural Extension )- \n(i) Promotion and development of agriculture and ho rticulture; \n(ii) Maintenance of agricultural seed farms and hor ticultural nurseries; \n(iii)  Storage and distribution of insecticides and  pesticides; \n(iv)  Propagation of improved methods of cultivatio n; \n(v) Promotion of cultivation and marketing of veget ables, fruits, herbal plants \nand  flowers; \n(vi)  Training of farmers and extension activities.\n(3)  Land Improvement and Soil Conservation –   Assisting the Government \nand Zila Parishad in  the implementation of land im provement and soil \n conservation programmes of the Government. \n(4) Minor Irrigation, Water Management and Watershe d Development – \n(i) Assisting the Government and Zila Parishad in t he construction and \nmaintenance of minor  irrigation works; \n(ii)  Implementation of schemes for community and individual irrigation. \n(5)  Poverty Alleviation Programmes – Planning and Implementation of \npoverty alleviation  programmes and schemes. \n(6) Animal Husbandry, Dairy and Poultry-  \n (i)  Maintenance of veterinary and animal husbandr y services; \n(ii) Improvement of breed of cattle, poultry and ot her livestock; \n(iii) Promotion of dairy farming, poultry and pigge ry; \n(i) Prevention of epidemics and contagious diseases . \n(7)  Fisheries – Promotion of fisheries development . \n(8)  Khadi, Village and Cottage Industries –  \n  \n(i)  Promotion of rural cottage industries; \n(ii) Organisation of conferences, seminars and training programmes, \nagricultural and industrial exhibitions. \n(9) Rural Housing – Implementation of housing schemes and distribution of \nhouse sites. \n(10) Drinking Water - \n(i)  Establishment, repairs and maintenance of rural water supply schemes; \n(ii)  Prevention and control of water pollution; \n(iii)  Implementation of rural sanitation schemes. \n(11) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodder – \n(i)  Planting and preservation of trees on the side s of  roads and other \npublic lands under its control; \n(ii) Fuel plantation and fodder development; \n(iii) Promotion of farm forestry. \n(12) Roads, Buildings, Bridges, Ferries, Waterways and other means of \ncommunication- \n(i) Construction and maintenance of public roads, drains, culverts and other \nmeans of  communications which are not under the co ntrol of any other local \nauthority or the Government; \n(ii) Maintenance of any building or other property  vested in the Panchayat \nSamiti; \n(iii)  Maintenance of boats, ferries and waterways.\n(13) Non-Conventional Energy Sources- Promotion and development of non- \nconventional energy sources. \n(14) Education, including Primary and Secondary  Schools-  \n (i) Promotion of Primary and secondary Education; \n(ii) Construction, repair and maintenance of primary school buildings. \n(15) Technical Training and Vocational Education- P romotion of rural artisan \nand technical and vocational training. \n(16) Adult and Non-formal education-Implementation of mass literacy. \n(17) Cultural Activities- Promotion of social, cult ural and sports activities. \n(18)  Market and fairs- Regulation of fairs and fes tivals. \n(19)  Health and Family Welfare –  \n(i) Promotion of health and family welfare  programmes; \n(ii) Promotion of immunization and vaccination prog rammes; \n(iii) Health and sanitation at fairs and festivals.\n(20)  Women and Child Development- \n(i) Promotion of programmes relating to development of women and \nchildren; \n(ii) Promotion of health and nutrition programmes in the schools; \n(iii) Promotion of participation of voluntary organ izations in women and child \ndevelopment programmes. \n(21)  Social Welfare including welfare of the physically and mentally \nchallenged -  \n(i)  Social welfare programmes including welfare of physically and mentally \nchallenged and  destitutes; \n(ii) Monitoring the old age and widows’ pensions and  pensions for the \nphysically and mentally  challenged. \n(22) Welfare of the weaker sections and in particul ar  of the Scheduled \nCastes and Scheduled Tribes- \n(i)  Promotion of welfare of Scheduled Castes,  Scheduled Tribes and \nother weaker sections; \n(ii)  Protecting such castes and classes from social injustice and exploitation. \n(23)  Maintenance of Community assests- \n(i)  Maintaining all community assets vested in it or transferred by the \nGovernment  or any local authority or organization;\n(ii)  Preservation and maintenance of other  community assets. \n(24) Public Distribution System – Distribution of  essential commodities. \n(25)  Rural Electrification- Promotion of rural  el ectrification. \n(26)  Co-operation- Promotion of co-operative  acti vities. \n(27) Libraries – Promotion of libraries \n(28) Such other functions as may be entrusted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "48",
            "title": "Section 48. Assignment of functions",
            "chapter": null,
            "content": "(1) The Government may assign to a Panchayat Samiti  functions in relation to any \nmatters to which the executive authority of the Gov ernment extends or the \nfunctions which have been assigned to State Governm ent by the Central \nGovernment. \n(2) The Government may, by notification, withdraw o r modify the functions \nassigned under this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "49",
            "title": "Section 49. General powers of the Panchayat Samiti",
            "chapter": null,
            "content": "(i) The Panchayat Samiti shall have power to do all acts necessary \nfor or incidental to the carrying out of the functi ons entrusted or delegated to it \nand in particular and without prejudice to the fore going powers to exercise all \npowers specified under this Act. \n (ii) The Panchayat Samiti may by notification dele gate to the \nExecutive Officer or any other Officer the powers c onferred by or under this \nAct on Panchayat Samiti.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "50",
            "title": "Section 50. Standing Committees",
            "chapter": null,
            "content": "(1) A Panchayat Samiti shall constitute the followi ng committees by election \nfrom among its members for effective discharge of its functions : \n(i)  General Standing Committee \n(ii) Finance, Audit & Planning Committee \n(iii) Production Committee \n(iv) Social Justice Committee \n(v) Education Committee \n(vi) Committee on Public Health, Family Welfare & Rural Sanitation \n(vii) Public Works Committee \n (2) Each committee shall consist of not less than three and not more \nthan five members including the chairman from among  the elected members. \nEach committee can co-opt not more than two members  from among experts \nor public spirited persons for effective discharge of its responsibilities.  \n (3)  The Pramukh shall be the ex-officio member an d chairman of the \nGeneral standing committee and the Finance, Audit & Planning committee and \nshall nominate a chairman for each of the other com mittees. The Up Pramukh \nshall be the chairman of the Social Justice committ ee. The Pramukh shall not \nhold charge of chairman of more than three committe es including the two as \nabovementioned : \n Provided that each committee shall have at least one woman member \nand further, social justice committee shall have a member belonging to the \nScheduled Castes or Scheduled Tribes. \n (4)  As far as possible, no elected member of the Panchayat Samiti \nshall serve on more than three committees. \n (5) The Executive Officer shall be the ex-officio secretary of the General \nStanding Committee and Finance, Audit & Planning Co mmittee. For other \nstanding committees, the District Magistrate or any  other officer authorised by \nhim in this behalf shall nominate an officer who ma y be ordinarily in charge of \nthe concerned department at the block level to function as secretary. \n (6) The standing committees shall perform the func tions, as referred to in \nSection 51 under the general guidance, supervision and control of Panchayat \nSamiti.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 540
        },
        {
            "number": "51",
            "title": "Section 51. Functions of the Standing Committees",
            "chapter": null,
            "content": "(1) The General Standing Committee shall perform g eneral functions \nrelating to Panchayat Samiti including co-ordinatio n of the works of other \ncommittees and all residuary functions not under th e charge of other \ncommittees. \n (2) Finance, Audit & Planning Committee shall perform functions relating \nto finance, audit, budget & planning. \n (3) Production Committee shall perform functions relating to agriculture, \nland improvement, minor irrigation & water manageme nt, animal husbandry, \ndairy, poultry& fisheries, forestry-related areas, khadi, village & cottage \nindustries and poverty alleviation programmes. \n (4) Social Justice Committee shall perform functions relating to - \n (a) Promotion of educational, economic, social, cu ltural and other \ninterests of Scheduled Castes, Scheduled Tribes and other weaker section,  \n (b) Protection of such castes and classes from soc ial injustice and all \nforms of exploitation and  \n (c) welfare of women and children \n (5) Education Committee shall perform functions re lating to education, \nincluding primary, secondary and mass education, li braries and cultural \nactivities \n  (6) Committee on Public Health, Family Welfare & Rural Sanitation shall \nperform functions relating to public health, family welfare and rural sanitation \n (7) Public Works Committee shall perform functions  relating to all kinds \nof constructions and maintenance including rural ho using, sources of water \nsupply, roads & other means of communication, rural electrification and related \nworks.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 550
        },
        {
            "number": "52",
            "title": "Section 52. Procedures of Committees",
            "chapter": null,
            "content": "(1) The Panchayat Samiti may frame regulations relating to election of \nmembers of committees, conduct of business therein and all other matters \nrelating to them. \n (2) The Chairman of every Committee shall in respect of the work of \nthe Committee be     entitled to call for any infor mation, return, statement, \naccount or report from the office of the Panchayat samiti and to enter on and \ninspect any immovable property of the Panchayat Sam iti or work in progress \nconnected with the work of the Committee. \n (3) Each committee shall be entitled to require attendance at its \nmeeting of any officer of the Panchayat Samiti who is connected with the work \nof the Committee. The Secretary shall under instruc tion of the Committee \nissue notices and secure the attendance of the officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 560
        },
        {
            "number": "53",
            "title": "Section 53. Power to acquire, hold and dispose of Property",
            "chapter": null,
            "content": "(1) A Panchayat \nSamiti shall have the power to acquire, hold and di spose of property and to \nenter into contracts : \n Provided that in all cases of disposal of immovable property, the \nPanchayat Samiti shall obtain the prior approval of the Government. \n (2) All roads, buildings or other works constructe d by a Panchayat \nSamiti with its own funds shall vest in it. \n (3) The State Government may allocate to a Panchayat Samiti any \npublic property situated within its jurisdiction an d thereupon such property \nshall come under the control of the Panchayat Samiti. \n (4) Where a Panchayat Samiti requires land to carr y out any of the \npurposes of this Act, it may negotiate with the per son or persons having \ninterest in the said land, and if it fails to reach  an agreement, it may make an \napplication to the District Magistrate for the acqu isition of the land, who may, if \nhe is satisfied that the land is required for a pub lic purpose, take steps to \nacquire the land under the provisions of the Land A cquisition Act, 1894 (Act 1, \n1894) and such land shall, on acquisition, vest in the Panchayat Samiti.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 570
        },
        {
            "number": "54",
            "title": "Section 54. Panchayat Samiti Fund",
            "chapter": null,
            "content": "(1) For every Panchayat Samiti there shall be \nconstituted a Panchayat Samiti Fund, bearing the na me of the Panchayat \nSamiti and the same shall be placed to the credit thereof- \n(a) contributions and grants, if any, made by the C entral or the State \nGovernment including such part of the land revenue collected in the State \nas may be determined by the Government; \n(b) contributions and grants, if any, made by the Z ila Parishad or any other \n local   authority; \n(c)  loans, if any, granted by the Central or the State Government or raised \nby the  Panchayat Samiti on security of its assets;\n(d)  all receipts on account of tolls, rates and fe es  levied by it; \n(e) all receipts in respect of any schools, hospita ls, dispensaries, buildings, \ninstitutions or works vested in, constructed by or placed under the control \nand management of the Panchayat Samiti; \n(f)  all sums received as gift or contributions and  all  income from any \ntrust or endowment made in favour of the Panchayat Samiti; \n(g)  such fines or penalties imposed and realized  under the provisions of \nthis Act or of the bye-laws made thereunder, as may be  prescribed; \nand \n(h) all other sums received by or on behalf of the  Panchayat Samiti. \n (2) Every Panchayat Samiti shall set apart and app ly annually such \nsums as may be required to meet the cost of its own  administration including \nthe payment of salary, allowances, provident fund a nd gratuity to the officers \nand employees. \n (3) Every Panchayat Samiti shall have power to spend sums as it \nthinks fit for fulfilling the purposes of this Act.\n (4) The Panchayat Samiti Fund shall be vested in the Panchayat \nSamiti and the balance to the credit of the Fund sh all be kept in such custody \nas the Government may, from time to time, direct. \n (5) Subject to such general control as the Panchayat Samiti may \nexercise from time to time, all orders and cheques for payments from the \nPanchayat Samiti Fund shall be singed by the Executive Officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 580
        },
        {
            "number": "55",
            "title": "Section 55. Taxation",
            "chapter": null,
            "content": "(1) Subject to such rules and the maximum rates as the Government \nmay prescribe, a Panchayat Samiti may- \n(a) levy tolls in respect of any ferry established by it  or under its \nmanagement; \n(b) levy the following fees and rates, namely- \n(i) fee on the registration of vehicles, which are not  registered under \nany other law for the time being  in force; \n(ii) a fee for providing sanitary arrangements at such  places of \npilgrimage, haats and melas  within its  jurisdicti on as may be specified by \nthe  Government by notification; \n(iii) a fee for license for a haat or market; \n(iv) a water rate, where arrangement for the supply  of  water for drinking, \nirrigation or any other purpose  is made by or on b ehalf of the Panchayat \nSamiti  within its jurisdiction; \n(v) a lighting rate, where arrangement for lighting  of  public streets and \nplaces is made by or on behalf  of the Panchayat Sa miti within its \njurisdiction. \n (2) The Panchayat Samiti shall not undertake registration of vehicle or \nlevy fee there for and shall not provide sanitary a rrangements at places of \npilgrimage, haats and melas within its jurisdiction  or levy fee there for, if any \nsuch vehicle has already been registered by any oth er authority under any law \nfor the time being in force or if such provisions f or sanitary arrangement have \nalready been made by any other local authority. \n (3) The scale of fees or rates and the terms and conditions for the \nimposition thereof shall be such as may be provided under by bye-laws. \n  (4) Such bye-laws may provide for exemption from all or any of the \nfees or rates in any class of cases.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 590
        },
        {
            "number": "56",
            "title": "Section 56. Loans and Sinking Funds",
            "chapter": null,
            "content": "(1) A Panchayat Samiti may subject to the \nprovisions of any law relating to the raising of lo ans by local authorities for the \ntime being in force raise from time to time with th e approval of the State \nGovernment, loans for the purposes of this Act and create a sinking fund for \nthe repayment of such loans. \n (2) A Panchayat Samiti may borrow money from the Government or, \nwith the previous sanction of the Government from b anks or other financial \ninstitutions for furtherance of its objective on th e basis of specific schemes as \nmay be drawn up by the Panchayat Samiti for the purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 600
        },
        {
            "number": "57",
            "title": "Section 57. Budget of the Panchayat Samiti",
            "chapter": null,
            "content": "Every Panchayat Samiti shall at such \ntime and in such manner as may be prescribed, prepare in each year a budget \nof its estimated receipts and disbursements for the following year and shall get \nit approved in its meeting by a majority of members  present and for which the \nquorum shall be not less than fifty percent of its total number of members.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 610
        },
        {
            "number": "58",
            "title": "Section 58. Accounts",
            "chapter": null,
            "content": "The Panchayat Samiti shall keep accounts in such form as \nmay be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 620
        },
        {
            "number": "59",
            "title": "Section 59. Audit",
            "chapter": null,
            "content": "(1) The audit of the accounts of the Panchayat Sami ti shall be \ncarried out by the authority as may be prescribed b y the Government and a \ncopy of the audit report shall be forwarded to the Panchayat Samiti within one \nmonth of the completion of the audit. \n (2) On receipt of the audit report referred to in sub-section (1) the \nPanchayat Samiti shall either remedy any defects or  irregularities which have \nbeen pointed out in the audit and send an intimation to the prescribed authority \nwithin three months of the action taken or to be ta ken and furnish any further \nexplanation to the prescribed authority in regard t o such defects or \nirregularities as it may wish to give. \n (3) Apart from audit conducted by the prescribed authority mentioned \nin sub-section (1) above, concurrent audit or speci al audit of a Panchayat \nSamiti may be carried out in the manner prescribed for this purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 630
        },
        {
            "number": "60",
            "title": "Section 60. Staff of Panchayat Samiti",
            "chapter": null,
            "content": "(1) The Government shall appoint an \nofficer not below the rank of a Deputy Collector to  be the Executive Officer of \nthe Panchayat Samiti. \n (2) The Government may post from time to time such number of \nofficers and staff of the State Government to serve  under the Panchayat \nSamiti as the Government may consider necessary. \n (3)  Subject to such rules as may be made by the State Government in \nthis behalf, a Panchayat Samiti may from time to ti me engage such number of \npaid or honorary functionaries or professionals as may be required by it for \ncarrying out its functions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 640
        },
        {
            "number": "61",
            "title": "Section 61. Powers and Functions of the Executive Officer and other Officers",
            "chapter": null,
            "content": "(1) \n Save as otherwise expressly provided by or under t his Act the Executive \nOfficer shall- \n(a) exercise all the powers specifically imposed or  conferred upon him by or \nunder  this Act or under any other law or rules for  the time being in \n force; \n(b) lay down the duties of, supervise and control the  officers and staff \nholding  office under the Panchayat Samiti in accor dance with rules made \nby the  Government; \n(c) supervise and control the execution of all works of the Panchayat Samiti; \n(d) take necessary measures for the speedy executio n of all works and \n developmental schemes of the Panchayat Samiti; \n(e) have custody of all papers and documents connected with the \nproceedings of  the  meeting of the Panchayat Samit i and its committees ; \n(f) draw and disburse money out of the Panchayat Sa miti Fund ;and  \n(g) exercise such other powers and discharge such o ther functions as may \nbe  prescribed. \n (2) The Executive officer shall attend every meeting of the Panchayat \nSamiti and shall have the right to attend the meeti ng of Committees thereof \nand to take part in the discussion but shall not ha ve the right to move any \nresolution or to vote. If in the opinion of the Exe cutive Officer any proposal \nbefore the Panchayat Samiti is violative of or inco nsistent with the provisions \nof this Act or any other law, rule or order made th ereunder, it shall be his duty \nto bring the same to the notice of the Panchayat Samiti.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 650
        },
        {
            "number": "67",
            "title": "CHAPTER V - ZILA PARISHAD",
            "chapter": "CHAPTER V",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 660
        },
        {
            "number": "62",
            "title": "Section 62. Establishment of Zila Parishad",
            "chapter": null,
            "content": "(1) For every district there shall be a Zila Parish ad having jurisdiction, save \nas otherwise provided in this Act, over the entire district excluding such \nportion of the district as are included in or under  the authority of a \nMunicipality or Cantonment Board constituted under any law for the time \nbeing in force. \n(2) Every Zila Parishad shall be a body corporate b y the name of its Zila \nParishad, shall have perpetual succession and a com mon seal and, subject to \nsuch restrictions as are imposed by or under this A ct or any other enactment, \nshall be vested with the capacity of suing or being  sued in its corporate name, \nof acquiring, holding and transferring property movable or immovable, whether \nwithout or within the limits of the area over which  it has authority of entering \ninto contracts and of doing all things necessary, p roper or expedient for the \npurpose for which it is constituted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 670
        },
        {
            "number": "63",
            "title": "Section 63. Composition of Zila Parishad",
            "chapter": null,
            "content": "(1) The Zila Parishad shall consist of- \n(a) the members directly elected from territorial c onstituencies in the \ndistrict as determined under this Act; \n(b) the Pramukhs of all Panchayat Samitis in the Di strict; \n(c) such members of the Lok Sabha and the members o f the State \nLegislative Assembly who represent any part which f alls wholly or \npartly within the district and whose constituency f alls within the \ndistrict; \n(d) the members of the Rajya Sabha and the members of the State \nLegislative Council who are registered as electors within the district. \n(2) Every member of the Zila Parishad shall have th e right to vote in its \nmeeting, but in case of election and removal of Adh aksha and Up- \nAdhyaksha, only the members elected under clause(a)  of sub- \nsection(1) shall have the right to vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 680
        },
        {
            "number": "64",
            "title": "Section 64. Elected Members",
            "chapter": null,
            "content": "(1) The District Magistrate may, by notification in  the District Gazette, \ndetermine the number of directly elected members fr om Zila \nParishad’s territorial constituencies, keeping in v iew the overall \npopulation of the district, at a rate of one member , as nearly as \npossible for every fifty thousand population. \n(2) For the convenience of election the District Ma gistrate shall in \naccordance with such rules as may be prescribed in this behalf by \nthe State Government divide the area of the Zila Pa rishad under the \ndirection, control and supervision of the State Ele ction Commission \ninto territorial constituencies in such manner that  the population of \neach territorial constituency, so far as practicabl e, be the same \nthroughout the Zila Parishad area.  \n(3) One member from each territorial constituency s hall be elected \nthrough direct election in the manner prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 690
        },
        {
            "number": "65",
            "title": "Section 65. Reservation of seats",
            "chapter": null,
            "content": "(1) In every Zila Parishad, as nearly as but not \nexceeding fifty percent of the total seats of the m ember of Zila Parishad \nshall be reserved for  \n(a) Scheduled Castes; \n(b) Scheduled Tribes; and \n(c) Backward Classes. \nThe number of seats so reserved for Scheduled Castes and Scheduled \nTribes shall bear as nearly as may be, the same pro portion to the total \nnumber of seats to be filled up by direct election in that Zila Parishad as \nthe population of the Scheduled Castes and Schedule d Tribes bears to \nthe total population of that area and such seats sh all be allotted by \nrotation to different constituencies in a Zila Pari shad by the District \nMagistrate under the direction, control and supervi sion of the State \nElection Commission in the prescribed manner.  \nAfter reservation of seats for the Scheduled Castes and the Scheduled \nTribes, the number of seats to be reserved for the Backward Classes shall \nbe as nearly as possible but not exceeding twenty p ercent of the total \nseats and within the overall limit of fifty percent  reservation for the \nScheduled Castes, the Scheduled Tribes and the Back ward Classes and \nshall be allotted to the remaining constituencies b y the District Magistrate \nin the prescribed manner. Such seats shall be allot ted by rotation to \ndifferent constituencies in a Zila Parishad by the District Magistrate during \nsubsequent elections under the direction, control a nd supervision of the \nState Election Commission in the manner prescribed by it.   \n(2) As nearly as but not exceeding fifty percent of  the total number of \nseats reserved under Sub-section (1) shall be reser ved for women \nbelonging to the Scheduled Castes, the Scheduled Tr ibes and the \nBackward Classes, as the case may be. \n(3) As nearly as but not exceeding fifty percent of  the total number of \nseats not reserved for Scheduled Castes, Scheduled Tribes and \nBackward Classes shall be reserved for women. \n(4) Such total number of seats reserved for women b elonging to the \nScheduled Castes, the Scheduled Tribes, the Backwar d Classes \nand unreserved category may be allotted by rotation  by the District \nMagistrate under the direction, control and supervision of the State \nElection Commission to different constituencies in a Zila Parishad \nin such manner as may be prescribed by it.  \nExplanation - \nFor the removal of doubts it is hereby declared that the \nprinciple of rotation for the purposes of reservati on of offices for the \nScheduled Castes and Scheduled Tribes under this su b-section shall \ncommence from the first election held after the com mencement of the \nBihar Panchayat Raj Act, 1993.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 700
        },
        {
            "number": "66",
            "title": "Section 66. Duration of Zila Parishad",
            "chapter": null,
            "content": "(1) Every Zila Parishad, save as otherwise provided  in this Act, shall \ncontinue for a term of five years from the date app ointed for its first \nmeeting and no longer. \n(2) No amendment of any law for the time being in f orce shall have the \neffect of causing dissolution of a Zila Parishad wh ich is functioning \nimmediately before such amendment till the expiration of its duration \nas specified in sub-section(1) \n(3) An election to constitute a Zila Parishad shall  be completed in the \nfollowing manner;- \n(a) before the expiry of its duration specified in sub-section(1); \n(b)  in case of dissolution before the expiration o f period of six \nmonths from the date of such dissolution; \nProvided that where the remainder of the period for  which \nthe dissolved Zila Parishad would have continued is  less than six \nmonths, it shall not be necessary to hold any elect ion under this \nclause for constituting the Zila Parishad for such period. \n(4) A Zila Parishad constituted upon the dissolutio n of a Zila Parishad and \nbefore the expiration of its duration, shall contin ue only for the \nremainder of the period for which the dissolved Zil a Parishad would \nhave continued under sub section (1), had it not been so dissolved.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 710
        },
        {
            "number": "67",
            "title": "Section 67. Election of Adhyaksha and Upadhyaksha",
            "chapter": null,
            "content": "(1) Under the supervision, control and direction of  the State Election \nCommission, the elected members of the Zila Parishad referred to in \nclause (a) of sub-section (1) of section 63, as soo n as may be, elect \ntwo members from amongst them to be respectively Ad hayaksha \nand Up-Adhayaksha thereof, and if casual vacancy is  caused in the \noffice of Adhayaksha or Up-Adhayaksha, they shall e lect another \nmember from amongst them to be Adhayaksha or Up-Adh ayaksha \nas the case may be : \n(2)  Reservation of seats -   (i) For the post of Adhayaksha, as nearly as \nbut not exceeding fifty  percent of the total seats  of Adhayaksha in \nthe State shall be reserved for  \n(a) Scheduled Castes; \n(b) Scheduled Tribes; and \n(c) Backward Classes. \nWithin the State, seats shall be reserved for Sched uled \nCastes and Scheduled Tribes for the posts of Adhaya ksha and the \nnumber of seats so reserved shall bear as nearly as  possible the \nsame proportion to the total number of seats of Adh ayaksha within \nthe State as the population of the Scheduled Castes /Scheduled \nTribes bears to the proportion of the total populat ion of the State \nand such seats shall be allotted by rotation to dif ferent Zila \nParishads by the State Election Commission in the p rescribed \nmanner. \nAfter reservation of seats of Adhyaksha for the Sch eduled \nCastes and the Scheduled Tribes, the number of seat s to be \nreserved for the Backward Classes shall be as nearl y as possible \nbut not exceeding twenty percent of the total seats  and within the \noverall limit of fifty percent reservation for the Scheduled Castes, the \nScheduled Tribes and the Backward Classes and shall be allotted to \nthe remaining Zila Parishads by the State Election Commission in \nthe prescribed manner. Such seats shall be allotted  by rotation to \ndifferent Zila Parishads in the State by the State Election \nCommission  in subsequent elections in the manner prescribed by it.   \n(ii) As nearly as but not exceeding fifty percent o f the total number \nof seats of Adhayaksha so reserved under Sub-sectio n (i) shall be \nreserved for women belonging to Scheduled Castes, S cheduled \nTribes and Backward Classes as the case may be. \n(iii) As nearly as but not exceeding fifty percent of the total number of \nseats of Adhayaksha not reserved for Scheduled Castes, Scheduled \nTribes and Backward Classes shall be reserved for women. \n(iv) Such total number of seats of Adhayaksha reser ved for women \nbelonging to the Scheduled Castes, the Scheduled Tr ibes, the \nBackward Classes and unreserved category may be all oted by \nrotation by the State Election Commission to different Zila Parishads \nin the State in the manner as may be prescribed by it.  \nExplanation - For the removal of doubts it is hereby declared tha t the \nprinciple of rotation for the purposes of reservati on of offices for the \nScheduled Castes and Scheduled Tribes under this su b-section shall \ncommence from the first election held after the commencement of the Bihar \nPanchayat Raj Act, 1993. \n(3)  The term of office of Adhyaksha and Up-Adhyaks ha of a Zila Parishad \nshall, save as otherwise provided in this Act, ceas e on the expiry of  his term \nof office as a member of the Zila Parishad. \n(4) The election of the Adhayaksha or the Up-Adhaya ksha of Zila \nParishad and filling up of vacancies in the said of fices and \ndetermination of disputes relating to such election  shall be in \naccordance with such rules or procedures as may be prescribed by \nthe State Election Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 720
        },
        {
            "number": "68",
            "title": "Section 68. Allowances to the Adhyaksha or Upadhyaksha and othe r Members",
            "chapter": null,
            "content": "The Adhyaksha, Upadhyaksha and every member of the Zila Parishad \nshall be entitled to receive such sitting fee and a llowances as may be \nprescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 730
        },
        {
            "number": "69",
            "title": "Section 69. Powers, Functions and duties of the Adhyaksha a nd Upadhyaksha",
            "chapter": null,
            "content": "(1)  The Adhyaksha  shall- \n(a)  Convene and preside over and conduct meeting of Zila Parishad; \n(b)  Exercise supervision and control over the Chie f Executive Officer and \nthrough him all officers and other employees of the Zila Parishad and the \nofficers and employees whose services may be placed at the disposal of \nthe Zila Parishad by the State Government. \n(c)  Exercise such other powers, perform such other  functions and discharge \nsuch other duties as the Zila Parishad may by gener al resolution direct \nor as the Government may by its rules made in this behalf prescribe; \n(d) Exercise overall supervision over the financial  and executive \nadministration of the Zila Parishad and place befor e the Zila \nParishad all question connected therewith which sha ll appear \nto him to require its orders and for this purpose m ay call for \nrecords of the Zila Parishad; and \n(e) Have power to accord sanction up to a total sum  of rupees one \nLakh in a year for the purpose of providing immedia te relief to \nthose who are affected by natural calamities in the district : \nProvided that the Adhaksha shall place at the next meeting of the \nZila Parishad for its ratification the details of such sanctions. \n(2) The Up-adhyaksha shall- \nIn the absence of Adhyaksha of the Zila Parishad pr eside over the \nmeetings of the Zila Parishad; \nExercise such powers and perform such duties of the Adhyaksha as \nthe Adhyaksha may from time to time, and subject to  the rules as \nmay be prescribed, delegate to him by order in writing; and \nPending the election of an Adhyaksha or during the absence of the \nAdhyaksha from the district or by reason of the Adh yaksha being on  \nleave for a period exceeding fifteen days exercise the powers and \nperform the duties of the Adhyaksha : \nProvided that as soon as the Adhyaksha returns from absence, he \nwill resume the exercise of all such powers and sha ll start \nperforming all the functions and discharging all th e duties of the \nAdhyaksha;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 740
        },
        {
            "number": "70",
            "title": "Section 70. Resignations or Removal of Adhyaksha and Up",
            "chapter": null,
            "content": "adh yaksha- \n(1) The Adhyaksha may resign his office by writing under his hand \naddressed to the District Magistrate and the Up-adhyaksha may resign his \noffice by writing under his hand addressed to the Adhyaksha.  \n(2) Every resignation under sub-section (1) shall t ake effect on the expiry of \nseven days from the date of such resignation, unles s within the said \nperiod of seven days he withdraws such resignation by writing under his \nhand addressed to the District Magistrate or the Ad hyaksha, as the case \nmay be. \n(3) Adhyaksha or Up-adhyaksha shall vacate the offi ce if he ceases to be \na member of the Zila Parishad. \n(4)  (i)  Adhayaksha and Up-Adhayaksha shall be dee med to have \nvacated his office forthwith if a resolution expres sing want of \nconfidence in him is passed by a majority of the to tal number of \ndirectly elected members from territorial constitue ncies of the Zila \nParishad at a meeting specially convened for the pu rpose. The \nrequisition for such a special meeting shall be sig ned by not less than \none fifth of the total number of directly elected m embers of the Zila \nParishad and shall be delivered to the Adhyaksha wi th a copy to the \nDistrict Magistrate. The Adhyaksha shall within sev en days from the \ndate of receipt of such requisition convene a speci al meeting of the \nZila Parishad.  The meeting shall be held on a day not later than \nfifteen days from the date of issue of the notice o f the meeting. The \nmeeting shall be presided over by the Adhyaksha if the motion is \nagainst the Up-adhayaksha; if it is against the Adh yaksha the Up- \nadhyaksha shall preside over the meeting and if it is against \nAdhyaksha and Upadhyaksha both then the District Ma gistrate shall \npreside over the meeting. \n                In case of the post of Up-adhyaksha  being vacant or his \nabsence from the meeting convened for discussion on  no confidence \nmotion against the Adhyaksha or the post of Adhyaks ha being vacant \nor his absence from the meeting convened for discus sion on no \nconfidence motion against the Up-adhyaksha, as the case may be, \nthe meeting shall be presided over by any member el ected from \namongst the directly elected members from the terri torial \nconstituencies of the Zila Parishad present in the meeting. \n                In case of failure to convene the m eeting by the Adhyaksha, the \nDistrict Magistrate shall convene the meeting in the same manner and \nthe meeting shall be presided by him. \n                No such meeting shall be postponed once the notice for the \nsame has been issued. No quorum shall be required f or the special \nmeeting convened to discuss no confidence motion. \n(ii)  During the first two year period of the tenur e, no confidence motion \nshall not be moved against the Adhyaksha or the Upadhyaksha. \n(iii) No-confidence motion against the Adhyaksha or  Upadhyaksha or \nboth, shall not be brought within six months of the  expiry of the term \nof the Zila Parishad. \n(iv) Such reasons/charges, on the basis of which no  confidence motion is \nto be moved against the Adhyaksha or Upadhyaksha, s hall be clearly \nmentioned in the notice of the meeting called to co nsider the no \nconfidence motion. \n(v) As soon as the meeting called under this sectio n commences, the \npresiding member at the meeting shall read out the motion on which \nthe meeting has been called to consider, before the present members \nand declare it open for discussion. Any discussion on the motion \nunder this section shall not be adjourned. \n(vi)During discussion, opportunity shall be given t o the Adhyaksha or \nUpadhyaksha or both against whom no confidence moti on is moved, \nfor his defence before the Zila Parishad. The motio n shall be put to \nvote on the same day after discussion which shall t ake place by \nsecret ballot in the prescribed manner by the District Magistrate. \n(vii)If the motion of no confidence against the Adh yaksha or the \nUpadhyaksha or both is once rejected, no fresh moti on of no \nconfidence against the Adhyaksha or the Upadhyaksha  or both, as \nthe case may be shall be brought before the Zila Pa rishad within a \nperiod of one year from the date of rejection of such motion. \n(5) Without prejudice to the provisions under this Act, if in opinion of the \nCommissioner having territorial jurisdiction over t he Zila Parishad, a \nAdhyaksha or the Upadhyaksha of Zila Parishad absen ts himself \nwithout sufficient cause for more than three consec utive meetings or \nsittings or willfully omits or refuses to perform h is duties and functions \nunder this Act, or abuses the power vested in him o r is found to be \nguilty of misconduct in the discharge of his duties  or becomes \nphysically or mentally incapacitated for performing  his duties or is \nabsconding being an accused in a criminal case for more than six \nmonths, the Commissioner may, after giving the Adhy aksha or the \nUpadhyaksha, as the case may be, a reasonable oppor tunity for \nexplanation, by order, remove such Adhyaksha or the  Upadhyaksha, \nas the case may be, from office.  \nThe Adhyaksha or Upadhyaksha so removed shall not b e eligible \nfor re-election as Adhyaksha or Up-adhyaksha during  the remaining \nterm of office of such Zila Parishad. \nAppeal shall lie before the Member, Board of Revenu e against \nthe order of the Commissioner. \n(2) An Adhyaksha or Up-adhyaksha  removed from the office under sub- \nsection (1) may also be removed by the Government f rom the \nmembership of the Zila Parishad.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 750
        },
        {
            "number": "71",
            "title": "Section 71. Resignation of Members",
            "chapter": null,
            "content": "An elected member of Zila Parishad may \nresign his membership in writing under his hand add ressed to the \nAdhyaksha of the Zila Parishad and his seat shall b ecome vacant on the \nexpiry of seven clear days from the date of such re signation unless within \nthe said period of seven days he withdraws such res ignation by writing \nunder his hand addressed to the Adhyaksha.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 760
        },
        {
            "number": "72",
            "title": "Section 72. Meeting of the Zila Parishad",
            "chapter": null,
            "content": "(1) The Zila Parishad shall hold its meetings at least once in every three \nmonths, at such time and at such place within the l ocal limit of the district \nconcerned as the Zila Parishad may fix at the immed iately preceding \nmeeting : \nProvided, that the first meeting of a newly constit uted Zila Parishad \nshall be held at such time and at such place within  the local limits of the \ndistrict concerned, as the District Magistrate may fix and shall be presided \nover by him; \nProvided further that the Adhyaksha when required i n writing by \none-fifth of the members of the Zila Parishad to ca ll a meeting shall do so \nwithin ten days failing which the aforesaid members  may call a meeting \nafter giving intimation to the District Magistrate and seven clear days \nnotice to the Adhyaksha and the other members of the Zila Parishad. \n(2)One-third of the total number of members of the Zila Parishad shall \nform a quorum for transacting the business at the m eeting of the Zila \nParishad. \n(3) All questions coming before the Zila Parishad shall be decided by a \nmajority of votes; in case of equality of votes the  Adhyaksha or the \nmember presiding shall have casting vote. \n(4) Every meeting shall be presided over by the Adh yaksha or if he is \nabsent, by the Up-adhyaksha and if both the Adhyaks ha and Up- \nadhyaksha are absent or if the Adhyaksha is absent and there is no \nUp-adhyaksha, the members present shall elect one f rom among \nthemselves to preside. \n(5) No member of Zila Parishad shall vote on or tak e part in the \ndiscussion of any question coming up for considerat ion at a meeting \nof the Zila Parishad or any Committee if the questi on is one in which \napart from its general application to the public he  has any direct \npecuniary or personal interest and if the person presiding has such an \ninterest, he shall not preside over the meeting whe n such question \ncomes up for consideration.  \n(6) If the person presiding is believed by any memb er present at the \nmeeting to have any such pecuniary or personal interest in any matter \nunder discussion and if a motion to that effect be carried, he shall not \npreside over at the meeting during such discussion or vote on or take \npart in it. Any member of the Zila Parishad may be chosen to preside \nat the meeting during the continuance of such discussion. \n(7) No proposition shall be discussed at any ordina ry meeting unless it \nhas been entered in the notice convening such meeting or in the case \nof a special meeting in the written request for suc h meeting. A \nmember may propose any resolution connected with or  incidental to \nthe subjects included in the list of business. The Adhyaksha may \npropose any urgent subject of a routine nature not included in the list \nof business if no member objects to it. No permission shall be given in \nthe case of a motion or proposition to modify or ca ncel any resolution \nwithin three months after the passing thereof excep t in accordance \nwith sub-section (9). The order in which any busine ss or proposition \nshall be brought forward at such meeting shall be d etermined by \npresiding authority which in case it is proposed by  any member to \ngive particular proposition shall put the proposal to the meeting and \nbe guided by the majority of votes given for or against the proposal. \n(8) Any ordinary meeting may, with the consent of a  majority of the \nmembers present, be adjourned from time to time, bu t no business \nshall be transacted at any adjourned meeting other than left \nundisposed at the meeting from which the adjournment took place. \n(9) No resolution of Zila Parishad shall be modifie d or cancelled within six \nmonths after the passing thereof except by a resolution passed by not \nless than one-half of the total number of members a t an ordinary or \nspecial meeting any notice whereof shall have been given fulfilling the \nrequirement of sub-section (4) and setting forth fu lly resolution which \nit is proposed to modify fully or cancel at such me eting and motion or \nproposition for the modification or cancellation of such resolution. \n(10) The proceedings of every meeting shall be reco rded in the minutes \nbook immediately after the deliberations of the meeting and shall after \nbeing read over by the presiding authority of the m eeting be signed \nby him. The action taken on the decisions of Zila P arishad shall be \nreported at the next meeting of the Zila Parishad. The minutes book \nshall always be kept in the office of the Zila Pari shad. The Chief \nExecutive Officer shall be the custodian of the minute book. \n(11) The Zila Parishad may require the  presence of  Government \nofficers at its meetings. If it appears to a Zila P arishad that the \nattendance of any field officer having jurisdiction  over an area of a \ndistrict or part of a district and not working unde r the Zila Parishad is \ndesirable at a meeting of the Zila Parishad, the Ch ief Executive Officer \nshall by a letter addressed to such officer not les s than fifteen days \nbefore the intended meeting, request that officer t o be present at the \nmeeting and the officer shall, unless prevented by sickness or other \nreasonable cause, attend the meeting : \nProvided that the officer on receipt of such letter  may if he for any of the \ncauses aforesaid is unable to be present at the mee ting himself, \ninstruct his deputy or other competent subordinate officer to represent \nhim at the meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 770
        },
        {
            "number": "73",
            "title": "Section 73. Functions and powers of Zila Parishad",
            "chapter": null,
            "content": "(1) Subject to such condition \nas may be prescribed by the Government from time to  time, the Zila \nParishad shall perform following functions – \n1. Agriculture – (i) Promotion of measures to incre ase agricultural production \nand to popularize the use of improved agricultural practices; \n(ii) Opening and maintenance of agricultural seed f arms and commercial \nfarms; \n(iii)  Establishment and maintenance of godowns; \n(iv)  Conducting agricultural fairs and exhibitions; \n(v)  Management of agricultural and horticultural e xtension training \ncentres; \n(vi) Training of farmers; \n(vii) Land Improvement and Soil Conservation. \n2. Irrigation, Ground water resources and Watershed  Development-  \n(i) Construction, renovation and maintenance of min or irrigation \nworks and lift irrigation; \n(ii) Providing for timely and equitable distributio n and full use of water \nunder irrigation schemes under the control of the Zila Parishad; \n(iii) Development of ground water resources; \n(iv) Installation of community pump sets; \n(v) Watershed development programme. \n3. Horticulture – \n(i) Rural parks and gardens; \n(ii) Cultivation of fruits and vegetables; \n(iii) Farms. \n4. Statistics- \n(i) Publication of statistical and other informatio n relating to activities of \nPanchayat  Samiti and Zila Parishad; \n(ii) Co-ordination and use of statistics and other information required for \nthe activities of the Panchayat Samiti and Zila Parishad; \n(iii) Periodical supervision and evaluation of proj ects and Programmes \nentrusted to the Panchayat Samiti and Zila Parishad. \n5. Rural Electrification. \n6. Distribution of Essential Commodities. \n7. Soil Conservation- \n(i) Soil conservation measures; \n(ii) Land reclamation and land development works. \n8. Marketing –  \n(i) Development of regulated markets and marketing yards; \n(ii) Grading and quality control of agriculture pro ducts. \n9. Social Forestry-  \n(i) Organise campaign for tree planting; \n(ii) Planting and maintenance of trees. \n10. Animal Husbandry and Dairy-  \n(i) Establishment of Veterinary Hospitals and Dispe nsaries; \n(ii) Setting up of mobile diagnostic and clinic lab oratories; \n(iii) Breeding farms for cows and pigs; \n(iv) Poultry farms, duck farms and goat farms; \n(v) Common cold storage facility for dairy, poultry and marine \nproducts; \n(vi) Fodder development programmes; \n(vii) Promotion of dairy farming, poultry and piggery; \n(viii) Prevention of epidemics and contagious diseases. \n11. Minor Forest Produce, Fuel and Fodder-  \n(i) Promotion of social and farm forestry, fuel pla ntation and fodder \ndevelopment; \n(ii) Management of minor forest produce of the fore sts raised in \ncommunity lands; \n(iii) Development of wasteland. \n12. Fisheries –  \n(i) Fish seed production and distribution. \n(ii) Development of pisciculture in private and com munity tanks; \n(iii) Development of inland fisheries; \n(iv) Fish curing and drying; \n(v) Assistance to traditional fishing; \n(vi) Organising fish marketing co-operatives; \n(vii) Welfare schemes for the upliftment and development of \nfishermen. \n13. Household and Small Scale Industries (including  food processing) – \n(i) Identification of traditional skills in the loc ality and developing household \nindustries; \n(ii) Assessment of raw material requirements so as to ensure its timely \nsupply; \n(iii) Design and production to suit the changing consumer demands; \n(iv) Organisation of training programmes for craftsmen and artisans; \n(v) Liaison to tap bank credit for this programme; \n(vi) Population and marketing of finished products;\n(vii) Industrial Estates; \n(viii) Organising Khadi, Handloomm, Handicraft and Village and \nCottage Industries. \n14. Rural Roads and Inland Waterways – \n(i) Construction and maintenance of roads other tha n National and \nState Highways. \n(ii) Bridges and culverts coming under roads other than National and \nState Highways. \n(iii) Construction and maintenance of office buildi ng of the Zila \nParishad. \n(iv) Identification of major link roads connecting markets, educational \ninstitutes, health centres and link roads; \n(v) Organising voluntary surrender of lands for new  roads and \nwidening of existing roads. \n15. Health and Hygiene- \n(i) Establishment and maintenance of Hospitals, Pri mary Health \nCentres and Dispensaries except Medical college Hos pitals, T.B. \nSanitoriums, Leprosy and Mental Hospitals; \n(ii) Implementation of immunization and vaccination  programmes; \n(iii) Health education activities; \n(iv) Maternity and child health avtivities; \n(v) Family welfare activities; \n(vi) Organising health camps with Panchayat Samiti and Gram \nPanchayat; \n(vii) Measures against environment pollution \n16. Rural Housing-  \n(i) Identification of houseless families; \n(ii) Implementation of house building programme in the district; \n(iii) Popularising low cost housing. \n17. Education- \n(i) Promotion of educational activities including t he establishment \nand maintenance of primary and secondary schools; \n(ii) Organisation of programmes for mass education and library \nfacilities; \n(iii) Extension work for propagation of science and  technology to rural \nareas; \n(iv) Survey and evaluation of educational activitie s; \n(v)   Establishment and maintenance of general host els, ashrams, \nschools and orphanages \n18. Social Welfare and Welfare of the weaker Sectio n- \n(i) Extension of educational facilities to the Sche duled Castes, \nScheduled Tribes and Backward Classes by giving sch olarships, \nstipends, boarding grants and other grants for the purchase of \nbooks and other accessories; \n(ii)    Managing hostels for the benefit of Schedul ed Castes and \nScheduled Tribes. \n(iii) Organising Nursery Schools, Balwadis, Night s chools and \nlibraries to eradicate illiteracy and impart general education; \n(iv) Conduct of model welfare centers and craft cen ters to train \nScheduled Castes and Scheduled Tribes in cottage an d rural \nindustries; \n(v)   Managing residential basic schools for Schedu led Castes and \nScheduled Tribes; \n(vi) Providing facilities for marketing of goods pr oduced by members \nof the Scheduled Castes and the Scheduled Tribes. \n(vii) Organising co-operative societies of Schedule d Castes and \nScheduled Tribes. \n(viii) Other welfare schemes for the upliftment and  development of \nScheduled Castes and Scheduled Tribes. \n19. Poverty Alleviation programmes - Planning, Supervision, \nMonitoring and Implementation of Poverty alleviation programmes. \n20. Social Reform Activities-  \n(i) Women’s organization and welfare; \n(ii) Children’s organization and welfare; \n(iii) Local vagrancy relief; \n(iv) Maintenance of social welfare institutions such as orphanages, \nrescue shelters, etc.; \n(v) Sanctioning and distribution of pension for wid ows, old and \nphysically disabled, destitutes and allowances  for  unemployed \nand couples of inter-caste marriages in which one p arty is a \nmember of a Scheduled Caste or a Scheduled Tribe; \n(vi) Control of fire outbreaks; \n(vii) Campaign against superstition, casteism, untouchability, \nalcoholism, expensive marriages and social function s, dowry and \nconspicuous consumption; \n(viii) Encouraging community marriages and inter-caste marriages; \n(ix) Vigilance against economic offences such as sm uggling, tax \nevasion, food adulteration; \n(x) Assistance for developing lands assigned to lan dless labourers; \n(xi) Resumption of land alienated by tribals.; \n(xii) Identify, free and  rehabilitate bonded labour; \n(xiii) Organise cultural and recreational activities; \n(xiv) Encouragement of sports and games and constru ction of rural \nstadia; \n(xv) Give new form and social content to traditional festivals; \n(xvi) Promotion of thrift and savings through: \n(a) Promotion of saving habits; \n(b) Small savings campaign; \nFight against money lending practices and rural indebtedness \n21. In addition, the Zila Parishad may- \n(a) Manage or maintain any work of public utility o r any institution \nvested in it or under its control and management; \n(b) Acquire and maintain village haats and markets;\n(c) Make grants to Panchayat Samiti or Gram Panchayat; \n(d) Adopt measures for the relief of distress; \n(e) Coordinate and integrate the development plans and schemes \nprepared by Panchayat Samitis in the district; \n(f) Examine and sanction the budget estimates of Pa nchayat \nSamitis in the district; \n(g) undertake or execute any scheme extending to mo re than one \nBlock; \n(h) Take over the maintenance and control of any Ru ral bridge, tank, \nghat, well channel or drain, belonging to a private  owner or any \nother authority on such term as may be agreed upon.\n22. All such matters, as enumerated in the Eleventh  Schedule of the \nConstitution of India and which are not mentioned a nywhere  under \nthis Act. \n23. The Zila Parishad may be vested by the State Go vernment with such \npowers under any Act as the Government may deem fit. \n24. The Zila Parishad of two or more adjacent distr icts may jointly \nundertake and execute any development scheme on such terms and \n25. Preparation of annual budget of the Zila Parish ad.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 780
        },
        {
            "number": "74",
            "title": "Section 74. General powers of Zila Parishad",
            "chapter": null,
            "content": "(1) Subject to the general or special \norders of the Government, the Zila Parishad may – \n(a) incur expenditure on  education or medical reli ef outside its \njurisdiction; \n(b) provide for carrying out any work or measures l ikely to promote \nhealth, safety, education, comfort, convenience or social or \n(c) contribute to Association of All India, State o r Inter-State level \nconcerned with the promotion of Local Self Governme nt and to \nexhibitions, seminars and conferences within the di strict related \nto the activities of Panchayat Samiti and Zila Parishad; and \n(d) render financial or other assistance to any per son or body for \ncarrying on in the district any activity which is related to any of the \nfunctions of the State. \n(2) The Zila Parishad shall have powers to do all a cts necessary for or \nincidental to the carrying out of the functions ent rusted or delegated \nto it and in particular, and without prejudice to the foregoing powers to \nexercise all powers specified under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 790
        },
        {
            "number": "75",
            "title": "Section 75. Assignment of Functions",
            "chapter": null,
            "content": "(i) The Government may assign to a Zila \nParishad, functions in relation to any matters to w hich the executive \nauthority of the Government extends or in respect o f functions which have \nbeen assigned to the State Government by the Central Government; \n(ii) The Government may by notification withdraw or  modify the functions \nassigned under this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 800
        },
        {
            "number": "76",
            "title": "Section 76. Delegation of Powers",
            "chapter": null,
            "content": "The Zila Parishad may, by notification delegate \nto the Chief Executive Officer or other officer any  of the powers conferred \nby or under this Act on the Zila Parishad.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 810
        },
        {
            "number": "77",
            "title": "Section 77. Standing Committees",
            "chapter": null,
            "content": "(1)The Zila Parishad shall constitute the following \ncommittees by election for effective discharge of its functions : \n(i)  General Standing Committee \n(ii) Finance, Audit & Planning Committee \n(iii) Production Committee \n(iv) Social Justice Committee \n(v) Education Committee \n(vi) Committee on Public Health, Family Welfare & Rural Sanitation \n(vii) Public Works Committee \n(2) Each committee shall consist of not less than three and not more than \nfive members including the chairman from among the elected \nmembers. Each committee can co-opt not more than tw o members \nfrom among experts or public spirited persons for e ffective discharge \nof its responsibilities.  \n(3)  The Adhyaksha shall be the ex-officio member a nd chairman of \nGeneral Standing Committee and Finance, Audit & Pla nning \nCommittee and shall nominate a Chairman for each of  the other \ncommittees. The Adhyaksha shall not hold charge of chairman for \nmore than three committees including the two as abovementioned.  \nProvided that each committee shall have at least on e woman \nmember and further, Social Justice Committee shall have a member \nbelonging to the Scheduled Caste or Scheduled Tribes. \n(4)  As far as possible, no elected member of the Zila Parishad shall serve \non more than three committees. \n(5) The Chief Executive Officer shall be the ex-off icio secretary of the \nGeneral Standing Committee and the Finance, Audit &  Planning \nCommittee. For each of the other standing committee s the District \nMagistrate shall nominate a gazetted officer who ma y be ordinarily in \ncharge of the concerned department at the district level function as \nsecretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 820
        },
        {
            "number": "78",
            "title": "Section 78. Functions of the Standing Committees",
            "chapter": null,
            "content": "(1)  The General Standing Committee shall perform g eneral functions \nrelating to Zila Parishad including establishment m atters, co- \nordination and all residuary functions not under th e charge of other \ncommittees. \n(2) Finance, Audit & Planning Committee shall perfo rm functions relating \nto finance, audit, budget & planning. \n(3) Production Committee shall perform functions re lating to agriculture, \nland improvement, minor irrigation & water manageme nt, animal \nhusbandry, dairy, poultry & fisheries, forestry-rel ated areas, khadi, \nvillage & cottage industries and poverty alleviation programmes. \n(4) Social Justice Committee shall perform function s relating to  \na. Promotion of educational, economic, social, cult ural and other \ninterests of Scheduled Castes, Scheduled Tribes and other weaker \nclasses,  \nb. Protection of such castes and classes from socia l injustice and all \nforms of exploitation and \nc.  welfare of women and children \n(5) Education Committee shall perform functions rel ating to education, \nincluding primary, secondary, mass and non-formal e ducation, \nlibraries and cultural activities. \n(6) Committee on Public Health, Family Welfare & Ru ral Sanitation shall \nperform functions relating to public health, family  welfare and rural \nsanitation. \n(7) Public Works Committee shall perform functions relating to all kinds of \nconstructions and maintenance including rural housi ng, sources of \nwater supply, roads & other means of communication,  rural \nelectrification and related works.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 830
        },
        {
            "number": "79",
            "title": "Section 79. Procedure of Committees",
            "chapter": null,
            "content": "(1) The Zila Parishad  may frame regulations \nrelating to election of members of Committees, cond uct of business \ntherein, and all other matters relating to them. \n(2) The Chairman of every Committee shall in respec t of the work of that \nCommittee be entitled to call for any information, return, statement or \nreport from the officer of the Zila Parishad and to enter on and inspect \nany movable property of the Zila Parishad or any wo rk in progress \nconcerning the Committee. \n(3) Every Committee shall be entitled to require at tendance at its \nmeetings any officer of the Zila Parishad who is co nnected with the \nwork of the Committee. The Chief Executive Officer shall under \ninstruction of the Committee, issue notices and secure the attendance \nof the Officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 840
        },
        {
            "number": "80",
            "title": "Section 80. Power to acquire, hold and dispose of property",
            "chapter": null,
            "content": "(1) A Zila Parishad \nshall have the power to acquire, hold and dispose o f property and to enter \ninto contracts:  \nProvided that in all cases of disposal of immovable  property, the \nZila Parishad shall obtain the previous approval of the Government. \n(2)  All roads, buildings or other works constructe d by a Zila Parishad with \nits own funds shall vest in it. \n(3) The Government may allocate to a Zila Parishad any public property \nsituated within its jurisdiction and thereupon, suc h property shall vest \nin and come under the control of the Zila Parishad.\n(4) Where a Zila Parishad requires land to carry ou t any of the purposes \nof this Act, it may negotiate with the person or persons having interest \nin the said land, and if it fails to reach an agree ment, it may make an \napplication to the District Magistrate for the acquisition of the land and \nthe District Magistrate may, if he is satisfied tha t the land is required \nfor a public purpose, take steps to acquire the lan d under the \nprovisions of the Land Acquisition Act. 1894 (1 of 1894) and such \nland shall, on acquisition, vest in the Zila Parishad.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 850
        },
        {
            "number": "81",
            "title": "Section 81. Zila Parishad Fund",
            "chapter": null,
            "content": "(1) For every Zila Parishad there shall be \nconstituted a Zila Parishad Fund bearing the name o f the Zila Parishad \nand the following shall be placed to it the credit thereof- \n(a) contributions and grants, if any made by the Ce ntral or the State \nGovernment including such part of land revenue coll ected in the \nState as may be determined by the Government; \n(b) contributions  and grants, if any made by a Pan chayat Samiti or \nany other local authority; \n(c) Loans if any, granted by the Central or State G overnment or raised \nby the Zila Parishad on security of its assets; \n(d) Share in the proceeds of road cess levied in th e district; \n(e) all receipts on account of rates and fees levie d by the Zila \nParishad; \n(f) all receipts in respect of any school, hospital , dispensaries, \nbuildings, institutions or works, vested in, constr ucted by or placed \nunder the control and management of the Zila Parishad; \n(g) all sums received as gift or contribution and a ll income from any \ntrust or endowment made in favour of Zila Parishad;\n(h) such fines or penalties imposed and realized un der the provisions \nof this Act or the bye-laws made thereunder, as may  be \nprescribed. \n(i) all other sums received by or on behalf of the Zila Parishad. \n(2) Every Zila Parishad shall set apart and apply a nnually such sum as \nmay be required to meet the cost of its own adminis tration including \nthe payment of salary, allowances, provident fund a nd gratuity to the \nofficers and employees. \n(3) Every Zila Parishad shall have the power to spe nd such sums as it \nthinks fit for carrying out the purposes of this Act.  \n(4) The Zila Parishad Fund shall be vested in the Z ila Parishad and the \namount standing to the credit of the fund shall be kept in such \ncustody or invested in such manner as the State Gov ernment may, \nfrom time to time, direct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 860
        },
        {
            "number": "82",
            "title": "Section 82. Taxation",
            "chapter": null,
            "content": "(1) Subject to such maximum rates as the Government  may \nprescribe a Zila Parishad may- \n(a) levy tolls in respect of any ferry established by it or under its \nmanagement. \n(b) levy the following fees and rates, namely- \n(i) fees on the registration of boats or vehicles; \n(ii) a fee for providing sanitary arrangements at such places of \npilgrimage, fairs and melas within its jurisdiction  as may be \nspecified by the Government by notification; \n(iii) a fee for licence for fair or mela; \n(iv) a lighting rate where arrangement for lighting of public streets \nand places is made by the Zila Parishad within its jurisdiction; \nand. \n(v) Water rate where arrangement for the supply of water for \ndrinking, irrigation or any other purpose is made b y the Zila \nParishad within its jurisdiction. \n(2) The Zila Parishad, within its jurisdiction, sha ll not levy fee on such \nvehicles which have already been registered by any other authority \nunder any law for the time being in force, or at th e places of \npilgrimage, melas etc. if provisions for sanitary a rrangement has \nalready been made by any other local authority. \n(3) The fees or rates and the terms and conditions for the imposition \nthereof shall be such as may be provided by bye-laws. Such bye-laws \nmay  provide for exemption from all or any of the t olls, fees or rates in \nany class of cases.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 870
        },
        {
            "number": "83",
            "title": "Section 83. Financial Arrangements for Zila Parishad",
            "chapter": null,
            "content": "(1) A Zila Parishad may, \nsubject to the provisions of any law relating to th e raising of loans by \nlocal authorities for the time being in force, rais e from time to time , with \nthe approval of the State Government, loans for the  purposes of the Act \nand create a sinking fund for the repayment of loans. \n(2)  Notwithstanding anything contained in this Act , a Zila Parishad may \nborrow money from the Government or, with the previ ous sanction \nof the Government from banks or other financial ins titutions,  for \nfurtherance of its objective on the basis of specif ic schemes as may \nbe drawn up by the Zila Parishad for the purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 880
        },
        {
            "number": "84",
            "title": "Section 84. Budget",
            "chapter": null,
            "content": "Every Zila Parishad shall at such time and in such manner as \nmay be prescribed, prepare in each year a budget of  its estimated \nreceipts and disbursements for the  following year and the same will be \npassed by the majority of members present in the me eting and quorum \nfor such meeting shall not be less than fifty percent of the total number of \nmembers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 890
        },
        {
            "number": "85",
            "title": "Section 85. Accounts",
            "chapter": null,
            "content": "Zila Parishad shall keep its accounts in such manne r as \nmay be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 900
        },
        {
            "number": "86",
            "title": "Section 86. Audit",
            "chapter": null,
            "content": "(1) The audit of the accounts of the Zila Parishad shall be carried \nout by the  authority as may be prescribed by the G overnment and a \ncopy of the audit note shall be forwarded to the Zi la Parishad within one \nmonth of the completion of the audit. \n(2)  On receipt of the audit report referred to in sub section (1), the Zila \nParishad shall either remedy any defects or irregul arities which have \nbeen pointed out in the audit and send to the Gover nment within \nthree months an intimation of its having done so or  shall, within the \nsaid period, supply any further explanation to the prescribed authority \nin regard to such defects or irregularities as it may wish to give. \n(3) Apart from audit conducted by the prescribed au thority mentioned in \nsub-section (1) above, concurrent audit or special audit of a Zila \nParishad may be made in the manner prescribed for this purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 910
        },
        {
            "number": "87",
            "title": "Section 87. Staff of Zila Parishad",
            "chapter": null,
            "content": "(1) An officer of the rank of the District Magistr ate \nor such Additional District Magistrate, as may be s pecified by the State \nGovernment, shall be the Chief Executive Officer of the  Zila Parishad and \nwho shall be appointed by the Government. The Government may appoint \nan Additional Chief Executive Officer for a Zila Pa rishad on such terms \nand conditions as may be prescribed. \n(2) The Government shall, from time to time, post or depute in every Zila \nParishad such number of officers and staff, as the Government \nconsiders necessary. \n(3) Subject to such rules as may be made by the State Government in this \nbehalf, a Zila Parishad may from time to time engag e such number of \npaid or honorary functionaries or professionals as may be required by \nit for carrying out its functions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 920
        },
        {
            "number": "88",
            "title": "Section 88. Functions of the Chief Executive Officer and ot her Officers",
            "chapter": null,
            "content": "(1) Save \nas otherwise expressly provided by or under this Ac t, the Chief Executive \nOfficer shall:- \n(a) carry out the policies and directions of the Zi la Parishad, and take \nnecessary measures for the speedy execution of all works and \ndevelopment schemes of Zila Parishad; \n(b) discharge the duties imposed upon him by or und er this Act or the  \nrules and regulations made thereunder: \n(c) control the officers and servants of the Zila P arishad subject to the \ngeneral superintendence and control of the Adhyaksh a and such \nrules as may be prescribed; \n(d) have custody of all papers and documents relati ng to Zila \nParishad; and \n(e) draw and disburse money of the Zila Parishad fu nds and exercise \nsuch other powers and perform such other functions as may be \nprescribed. \n(2) The Chief Executive Officer shall attend every meeting of the Zila \nParishad and may take part in the discussion but sh all not have the \nright to move any resolution or to vote. If in the opinion of the Chief \nExecutive Officer any proposal before the Zila Pari shad is violative of \nor inconsistent with the provision of this Act or a ny other law or the \nrules or order made thereunder, it shall be his dut y to bring the same \nto the notice of the Zila Parishad. \n(3) The Chief Accounts Officer shall advise the Zil a Parishad in matters \nof financial policy and shall be responsible for al l matters relating to \nthe accounts of the Zila Parishad including prepara tion of annual \naccounts and the budget. \n(4) The Chief Accounts Officer shall ensure that no  expenditure is \nincurred except under proper sanction and in accordance with this Act \nand the rules and regulations thereunder and shall disallow any \nexpenditure not warranted by the Act or rules and r egulation or for \nwhich no provision is made in the budget. \n(5) The Additional Chief Executive Officer shall as sist the Chief Executive \nOfficer in the performance of his duties. \n(6) The Chief Planning Officer shall advise the Zil a Parishad in matters of \nplan formulation and shall be responsible for all m atters relating to \nplanning of Zila Parishad including the preparation  of plans of \neconomic development and social justice and annual plan of the \ndistrict.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 930
        },
        {
            "number": "89",
            "title": "Section 89. Right to requisition records",
            "chapter": null,
            "content": "(1) Every person in possession of money, \naccounts, records or other property pertaining to a  Gram Panchayat or \nPanchayat Samiti or Zila Parishad shall on the requ isition in writing of the \nChief Executive Officer for this purpose, forthwith  hand over such money \nor deliver up such accounts, records or other prope rty to the Chief \nExecutive Officer or the person authorised in the r equisition to receive the \nsame. \n(2) The Chief Executive Officer may also take steps  to recover any money \ndue by such person in the same manner and for the r ecovery of the arrears of \nland revenue from defaulters and for the purpose of  recovering the accounts, \nrecords or other property appertaining to the Gram Panchayat or Panchayat \nSamiti or Zila Parishad, may issue a search warrant  and exercise all such \npowers with respect thereto as may lawfully be exer cised by a Magistrate \nunder the provisions of Chapter VII of the Code of Criminal Procedure, 1973 \n(Act 2 of 1974). \n(3) Every person knowing where any money, accounts,  records or other \nproperty appertaining to a Gram Panchayat or Pancha yat Samiti or Zila \nParishad are concealed, shall be bound to give info rmation of the same to the \nChief Executive Officer. \n(4) An appeal shall lie against the order of the Ch ief Executive Officer, \nunder the section, to the Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 940
        },
        {
            "number": "96",
            "title": "CHAPTER VI - ESTABLISHMENT, POWERS, DUTIES AND PROCEDURE OF GRAM KATCHAHRY AND BENCHES THEREOF",
            "chapter": "CHAPTER VI",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 950
        },
        {
            "number": "90",
            "title": "Section 90. Constitution of Gram Katchahry and election of Sarpanch and",
            "chapter": null,
            "content": "Panches  – \n(1)There shall be a Gram Katchahry in  every Gram P anchayat area for \nthe purposes of discharging the judicial functions imposed upon it by \nor under this Act and the Gram Katchahry shall consist of- \n(a) A Sarpanch of the Gram Katchahry elected  under  the \nprovisions of this Act, and \n(b) Such number of directly elected Panches as may be notified \nfrom time to time by the District Magistrate and ea ch Panch \nrepresenting as nearly as five hundred population o f the \nPanchayat area. Its territorial constituency will b e the same as \nthose of the members of the Gram Panchayat. \n(2) Each territorial constituency shall directly el ect one Panch in the \nmanner prescribed under the provisions of this Act.\n(3)  Every Gram Katchahry constituted under the pro visions of this \nsection shall be published in the District Gazette and shall come into \nforce from the date fixed for its first meeting.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 960
        },
        {
            "number": "91",
            "title": "Section 91. Reservation of seats",
            "chapter": null,
            "content": "(1) In every Gram Katchahry, as nearly as but \nnot exceeding fifty percent of the total seats of t he Panches of Gram \nKatchahry  shall be reserved for  \n(a)  Scheduled Castes; \n(b)  Scheduled Tribes; and \n(c)  Backward Classes. \n  The number of seats so reserved for Scheduled Cas tes and \nScheduled Tribes shall bear as nearly as may be, the same proportion to \nthe total number of seats to be filled up by direct  election in that Gram \nKatchahry as the population of the Scheduled Castes  and Scheduled \nTribes bears to the total population of that area a nd such seats shall be \nallotted by rotation to different constituencies in a Gram Katchahry by the \nDistrict Magistrate under the direction, control an d supervision of the \nState Election Commission in the prescribed manner.  \n  After reservation of seats for the Scheduled Cast es and the \nScheduled Tribes, the number of seats to be reserve d for the Backward \nClasses shall be as nearly as possible but not exceeding twenty percent of the \ntotal seats and within the overall limit of fifty p ercent reservation for the \nScheduled Castes, the Scheduled Tribes and the Back ward Classes and shall \nbe allotted to the remaining constituencies by the District Magistrate in the \nprescribed manner. Such seats shall be allotted by rotation to different \nconstituencies in a Gram Panchayat by the District Magistrate during \nsubsequent elections under the direction, control a nd supervision of the State \nElection Commission in the manner prescribed by it.   \n(2) As nearly as but not exceeding fifty percent of  the total number of \nseats reserved under Sub-section (1) shall be reser ved for women \nbelonging to the Scheduled Castes, the Scheduled Tr ibes and the \nBackward Classes, as the case may be. \n(3)  As nearly as but not exceeding fifty percent o f the total number of \nseats not reserved for Scheduled Castes, Scheduled Tribes and \nBackward Classes shall be reserved for women. \n(4) Such total number of seats reserved for women b elonging to the \nScheduled Castes, the Scheduled Tribes, the Backwar d Classes \nand unreserved category may be allotted by rotation  by the District \nMagistrate under the direction, control and supervi sion of the State \nElection Commission to different constituencies in a Gram \nKatchahry and in such manner as may be prescribed by it.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 970
        },
        {
            "number": "92",
            "title": "Section 92. Duration of Gram Katchahry",
            "chapter": null,
            "content": "(1) Every Gram Katchahry, unless \nsooner dissolved under any law for the time being in force, shall continue \nfor five years from the date appointed for the first meeting and no longer. \n(2)  The election to constitute a Gram Katchahry shall be completed- \n(a) before the expiration of its duration specified  in sub-section (1); \n(b) in case of dissolution, before the expiration o f the period of six \nmonths from the date of its dissolution. \n Provided that where the remainder of the period fo r which the \ndissolved Katchahry would have continued is less th an six months it shall not \nbe necessary to hold any election under this sub-se ction for constituting the \nGram Katchahry for such period. \n(3) A Gram Katchahry constituted upon the dissoluti on of a Gram \nKatchahry before the expiration of its duration shall continue only for \nthe remainder of the period for which the dissolved  Gram Katchahry \nwould have continued under sub-section (1), had it not been so \ndissolved.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 980
        },
        {
            "number": "93",
            "title": "Section 93. Election of Sarpanch and Up",
            "chapter": null,
            "content": "Sarpanch - (1) A Sarpanch of the Gram \nKatchahry shall be directly elected by a majority o f votes by the voters \nenrolled in the voters’ list of  that Gram Panchayat. \n(2) In the event of vacancy caused by reason of dea th, resignation, \ndisqualification, removal or otherwise of the Sarpa nch, another \nSarpanch shall be elected as soon as possible as pe r the provisions \nof sub-section (1) \nProvided that if the vacancy of the office of Sarpa nch is for less \nthan six month, there shall be no election. \n(3) (i) After election every Gram Katchahry shall u nder the direction, \ncontrol and supervision of State Election Commissio n, elect in its \nfirst meeting one Up-Sarpanch from amongst the memb ers elected \nunder the provisions of clause (b) of sub-section ( 1) of section 90 of \nthe Act, by a majority of votes. \n (ii) The Sarpanch of the Gram Katchahry shall be a  voter in the \nelection of Up-Sarpanch. \n  (iii) In the case of equality of votes in the ele ction of Up-Sarpanch, \nthe result shall be decided by draw of lots. \n(4) (i) In the event of the offices of the Sarpanch and Up-Sarpanch falling \nvacant simultaneously in any Gram Katchahry, the Ex ecutive Officer \nof the concerned Panchayat Samiti shall call a meet ing for election \nof Up-Sarpanch within fifteen days of such an eventuality for which a \nnotice of at least seven days shall be given to the Panches. \n(ii) The Executive Officer of the concerned Panchay at Samiti shall \npreside over such meeting but he shall not have the right to vote. \n(iii)  In the case of equality of votes in the elec tion of Up-Sarpanch, \nthe result shall be decided by draw of lots. \n(5)  Reservation of seats — (i)  For the post of Sarpanch, as nearly as but \nnot exceeding fifty percent of the total seats of S arpanch in every Panchayat \nSamiti  shall be reserved for :– \n   (a) Scheduled Castes; \n   (b) Scheduled Tribes; and \n   (c) Backward Classes. \nWithin every Panchayat Samiti, seats shall be reserved for Scheduled Castes \nand Scheduled Tribes for the post of Sarpanch and t he number of seats so \nreserved shall bear as nearly as possible the same proportion to the total \nnumber of seats of Sarpanch within the said Panchay at Samiti as the \npopulation of the Scheduled Castes/Scheduled Tribes  bears to the total \npopulation of that area and such seats shall be all otted by rotation to different \nGram Kachaharis within the Panchayat Samiti by the District Magistrate under \nthe direction, control and supervision of the State  Election Commission in the \nmanner prescribed. \nAfter reservation of seats for the Scheduled Castes and the Scheduled Tribes, \nthe number of seats to be reserved for the Backward  Classes shall be as \nnearly as possible but not exceeding twenty percent  of the total seats and \nwithin the overall limit of fifty percent reservati on for the Scheduled Castes, the \nScheduled Tribes and the Backward Classes and shall  be allotted to the \nremaining Gram Kachaharis by the District Magistrat e in the prescribed \nmanner. Such seats shall be allotted by rotation to  different Gram Kachaharis \nin a Panchayat Samiti by the District Magistrate du ring subsequent elections \nunder the direction, control and supervision of the  State Election Commission \nin the manner prescribed by it.   \n(ii) As nearly as but not exceeding fifty percent o f the total number of seats \nso reserved under Sub-section (i) shall be reserved  for women belonging to \nScheduled Castes, Scheduled Tribes and Backward Cla sses as the case may \nbe. \n(iii) As nearly as but not exceeding fifty percent of the total number of seats \nnot reserved for Scheduled Castes, Scheduled Tribes  and Backward Classes \nshall be reserved for women. \n(iv) Such total number of seats reserved for women belonging to the \nScheduled Castes, the Scheduled Tribes, the Backwar d Classes and \nunreserved category shall be allotted by rotation b y the District Magistrate \nunder the direction, control and supervision of the  State Election Commission \nto different Gram Katchaharis in such manner as may  be prescribed by the \nState Election Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 990
        },
        {
            "number": "94",
            "title": "Section 94. Assistance to Gram Katchahry",
            "chapter": null,
            "content": "(1) There shall be a secretary in \nevery Gram Katchahry to be appointed in the manner as may be \nprescribed. \n(2) There shall be a person called Nyaya Mitra having at least a three year \nLaw Degree from a recognised Institution or Univers ity to assist the \nGram Katchahry or any bench thereof in the discharg e of its duties. \nSuch Nyaya Mitra shall be appointed in the prescribed manner. \n(3) In order to enable the Gram Katchahry to perfor m its functions \neffectively, the State Government shall, in the pre scribed manner, \nmake arrangements for training of the Sarpanch, the  Up-Sarpanch \nand Panches of the Gram Katchahry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1000
        },
        {
            "number": "95",
            "title": "Section 95. Term of Office of Sarpanch and Up",
            "chapter": null,
            "content": "Sarpanch - The term of office of \nSarpanch and Up-Sarpanch of the Gram Katchahry shal l, save as \notherwise provided in this Act, cease on the expiry  of his term of office \nas a member of the Gram Katchahry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1010
        },
        {
            "number": "96",
            "title": "Section 96. Powers and functions of Sarpanch and Up",
            "chapter": null,
            "content": "Sarpan ch  - Subject to the \nprovisions of this Act and rules made thereunder, the Sarpanch shall - \n(a) be the President of Gram Katchahry and benches thereof; \n(b) entertain suits and cases on application of parties and police reports; \n(c) have the powers of a Civil Court under the Code  of Civil \nProcedure,1908 to take evidence and to compel atten dance of the \nparties, witnesses and such other persons as may be  required and \nproduction of documents or instruments for disposal  of such suits or \ncases; and \n(d) exercise such other powers and perform such other duties as may be \nprescribed; \n(2) The Up-Sarpanch shall during the vacancy in the  office of the \nSarpanch or the incapacity or temporary absence of the Sarpanch, \nperform all his duties and exercise all his powers and exercise or \nperform any other powers or duties which may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1020
        },
        {
            "number": "97",
            "title": "Section 97. Resignation or Removal of Sarpanch or Up",
            "chapter": null,
            "content": "Sarpa nch - (1) The \nSarpanch or Up-Sarpanch may resign his office by wr iting under his \nhand addressed to the District Panchayat Raj Officer. \n(2)  Every resignation under Sub-Section (1) shall take effect on the \nexpiry of seven days from the date of its receipt b y the District \nPanchayat Raj Officer, unless within this period of  seven days he \nwithdraws such resignation by writing under his han d addressed to \nthe District Panchayat Raj Officer. \n(3)  Every Up-Sarpanch shall vacate the office if h e ceases to be a member \nof a Gram Katchahri. \n(4)(i) Removal of Sarpanch by no confidence motion—Every Sarpanch shall \nbe deemed to have vacated his office forthwith if a  resolution expressing want \nof confidence in him is passed by a simple majority  of the total number of \nvoters of the Gram Panchayat at a meeting especiall y convened for the \npurpose. The requisition for such a special meeting shall be signed by not less \nthan one fifth of the total number of voters of the Gram Panchayat and shall be \ndelivered to the District Panchayat Raj Officer. Th e District Panchayat Raj \nOfficer shall, within seven days from the date of r eceipt of the requisition, fix a \ndate for the meeting of Gram Panchayat at any place  within the Gram \nPanchayat area. The meeting shall be held within fi fteen days from the date of \nissue of the notice of the meeting. The meeting sha ll be presided over by the \nDistrict Panchayat Raj Officer : \n Provided that during the first two year period of the tenure, no such \nmotion of no confidence shall be moved against the Sarpanch. \n Provided further that if the motion of no confiden ce against the Sarpanch \nis once rejected, no fresh motion of no confidence against the Sarpanch shall \nbe brought within a period of one year from the dat e of such rejection of the \nmotion; \n Provided further that no motion of no confidence against Sarpanch shall \nbe brought during the last six months of the term of Gram Katchahry. \n(ii) Removal of Up-Sarpanch by no confidence motion —Every Up-Sarpanch \nshall be deemed to have vacated his office forthwit h if a resolution expressing \nwant of confidence in him is passed by a simple majority of the total number of \nelected Panches of the Gram Katchahry and Sarpanch at a meeting especially \nconvened for the purpose. The requisition for such a special meeting shall be \nsigned by not less than one third of the total numb er of elected Panchs of the \nGram Katchahry and shall be delivered to the Sarpan ch. The Sarpanch shall, \nwithin seven days from the date of receipt of the requisition, convene a special \nmeeting of the Gram Katchahry in the office of the Gram Katchahry for \ndiscussion on the motion and shall also preside over the meeting : \n Provided that during the first two year period of the tenure, no such \nmotion of no confidence shall be moved against the Up-Sarpanch. \n Provided further that if the motion of no confiden ce against the Up- \nSarpanch is once rejected, no fresh motion of no co nfidence against the Up- \nSarpanch shall be brought within a period of one ye ar from the date of such \nrejection of the motion; \n Provided further that no motion of no confidence against Up-Sarpanch \nshall be brought during the last six months before the expiry of the term of \nGram Katchahry. \n(5)  Without prejudice to the provisions under this Act, if, in opinion of the \nCommissioner having territorial jurisdiction over t he Gram Panchayat, a \nSarpanch or an Up-Sarpanch of Gram Katchahry absent s himself without \nsufficient cause for more than three consecutive si ttings or willfully omits or \nrefuses to perform his duties and functions under t his Act, or abuses the \npower vested in him or is found to be guilty of mis conduct in the discharge of \nhis duties or becomes physically or mentally incapa citated for performing his \nduties or is absconding being an accused in a crimi nal case for more than six \nmonths, the Commissioner may, after giving the Sarpanch or Up-Sarpanch, as \nthe case may be, a reasonable opportunity for expla nation, by order, remove \nsuch Sarpanch or Up-Sarpanch, as the case may be, from office.  \n   The Sarpanch or Up-Sarpanch so removed shall not  be \neligible for re-election as Sarpanch or Up-Sarpanch  or Panch of Gram \nKatchahry during the remaining term of office of such Gram Katchahry. \n(6) Appeal shall lie before the Member, Board of Re venue against the order \nof the Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1030
        },
        {
            "number": "98",
            "title": "Section 98. Resignation of Panch",
            "chapter": null,
            "content": "A Panch of Gram Katchahry may resign his \noffice in writing under his hand addressed to the S arpanch of the Gram \nKatchahry and his office shall become vacant on the  expiry of seven \ndays from the date of such resignation unless withi n the said period of \nseven days he withdraws such resignation by writing  under his hand \naddressed to the Sarpanch.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1040
        },
        {
            "number": "99",
            "title": "Section 99. Filling of casual vacancies of Panches",
            "chapter": null,
            "content": "When the place of a Panch \nbecomes vacant by his removal, resignation, death o r otherwise a new \nPanch shall be elected in the manner prescribed and  he shall hold office \nso long as the Panch whose place he fills would hav e been entitled to \nhold office if such vacancy had not occured.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1050
        },
        {
            "number": "100",
            "title": "Section 100. Sarpanch, Up",
            "chapter": null,
            "content": "Sarpanch or Panches not to take part in certain \nproceeding - No Sarpanch, Up-Sarpanch or Panch shall take part  in \nany proceedings in which he is personally interested. \nProvided that the fact that the Sarpanch, Up-Sarpan ch or a Panch \nhas got personal knowledge of the facts of a case o r suit shall not by \nitself disqualify him from taking part in the proceedings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1060
        },
        {
            "number": "101",
            "title": "Section 101. Institution and hearing of suits and cases",
            "chapter": null,
            "content": "(1) Every suit or case \ninstituted under this Act shall be instituted befor e the Sarpanch or where \nthe services of Sarpanch are not available before t he Up-Sarpanch and \nshall be heard and determined by a bench of the Gra m Katchahry \nconsisting of the Sarpanch and two Panches from amo ngst the Panches \nof the Gram Katchahry to be named by the respective  parties to the suit \nor case and two other Panches selected by the Sarpa nch in such \nmanner as may be prescribed : \nProvided that  \n(i)  if a party does not nominate a Panch within such time as may be \nprescribed, the Sarpanch, or in the case of his non -availability, the \nUp-Sarpanch shall nominate Panch from amongst the P anches of \nthe Gram Katchahry; \n(ii)  If in any suit or case, the Sarpanch is precl uded from taking part in \nthe proceedings, the Up-Sarpanch, or if he is also so disqualified in \nthe opinion of the Sarpanch, another Panch shall be  selected by the \nPanches from amongst its own number and the Up-Sarp anch or as \nthe case may be the Panch so selected shall dischar ge all the \nfunctions of the Sarpanch for the purposes of the said suit or case; \n(iii)  If the services of the Sarpanch are not available at any time after the \ninstitution, but before the determination of the su it or case, the Up- \nSarpanch or if the Up-Sarpanch is either precluded under section \n100 from taking part in the proceedings or has been  nominated by \nany party to the suit in case, a Panch to be nomina ted by the panel \nof Panches or where no such nomination has been made, the senior \nmost Panch of the Gram Katchahry shall act for the Sarpanch; and  \n(iv) If the services of a Panch ceases to be available at any time after the \ninstitution but before the determination of the sui t or case or he is \nprecluded under section 100 from taking part in the  proceedings, \nanother Panch shall be nominated by the Party conce rned or \nselected by the Sarpanch, as the case may be. \n(2)  Not less than three Panches including the Sarp anch and the two \nPanches named by the respective parties shall form a quorum for \nthe purpose of hearing and determining a suit or ca se under sub- \nsection (1). \nExplanation-  For the purposes of this sub-section, the expressi on \n\"Sarpanch\" includes the Up-Sarpanch or any other Pa nch acting for the \nSarpanch and the expression \"Panches\" named by the respective \nparties, includes Panches nominated under clause (i ) of the provision to \nsub-section(1).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1070
        },
        {
            "number": "102",
            "title": "Section 102. Duty of a bench of the Gram Katchahry to brin g about amicable",
            "chapter": null,
            "content": "settlement of dispute - A bench of the Gram Katchahy, while hearing a \nsuit or trying a case under the provisions of this Act, shall after giving \nsuch notice to the parties and in such manner as it  thinks fit, endeavour \nto bring about an amicable settlement between the p arties, and for this \npurpose the bench shall, in such manner as it think s fit and without \ndelay, investigate the suit or case and all matters  affecting the merits \nthereof and the right settlement thereof and in so doing may do all such \nlawful things as it thinks fit for the purpose of i nducing the parties to \ncome to a fair and amicable settlement, and where s uch a settlement is \nbrought about, the bench shall record the same and give its decision \naccordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1080
        },
        {
            "number": "103",
            "title": "Section 103. A bench of the Gram Ktchahry to inquire into and decide the",
            "chapter": null,
            "content": "dispute in case no amicable settlement is reached - Where a bench \nof Gram Katchahry does not succeed in bringing abou t an amicable \nsettlement under the preceding section or otherwise  takes up the \nhearing or trial of a suit or case, it shall make a n enquiry, receive such \nevidence as it considers necessary and record its j udgment and in the \nevent of the members of the bench disagreeing, the decision of the \nmajority shall prevail; \nProvided that nothing herein before contained shall  be deemed to \nprevent any member of the bench from placing on rec ord in writing his \ndissent against such decision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1090
        },
        {
            "number": "104",
            "title": "Section 104. Proceeding to be followed by a bench of the Gr am Katchahry",
            "chapter": null,
            "content": "Subject to the provisions of this Act and to any ru les or directions that may be \nissued by the Government in this behalf the procedu re to be followed by a \nbench of the Gram Katchahry shall be such as it considers just and convenient \nand the bench shall not be bound to follow any laws  of evidence or procedure; \nother than the procedure prescribed by or under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1100
        },
        {
            "number": "105",
            "title": "Section 105. Form of decision",
            "chapter": null,
            "content": "The decision of a bench of the Gram Katchahry shall \nbe in writing and shall be signed by all members of  such bench. It shall \ncontain such particulars as may be prescribed by ru les made by the \nGovernment in this behalf: \nProvided that the failure on the part of any member  of the bench to \nsign the decision shall not affect the validity of such decision.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1110
        },
        {
            "number": "106",
            "title": "Section 106. Criminal Jurisdiction",
            "chapter": null,
            "content": "Notwithstanding anything contained in the Code \nof Criminal Procedure, 1973 (2 of 1974) and subject  to the provisions of \nthis Act a bench of the Gram Katchahry shall have j urisdiction within the \nlocal limits of the Gram Panchayat for the trial of  the following offences \nas well as abetment of and attempts to commit any s uch offence if \ncommitted within the local limits of its jurisdiction, namely :- \n(a) offences under the Indian Penal Code, 1860 (45 of 1860), sections",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1120
        },
        {
            "number": "140",
            "title": "Section 140. , 142, 143, 145, 147, 151, 153, 160, 172, 174, 1 78, 179, 269,",
            "chapter": null,
            "content": "277, 283, 285, 286, 289, 290, 294, 294A, 323, 334, 336, 341, 352, \n356, 357, 358, 374,  403, 426, 428, 430, 447, 448, 502, 504, 506, \n510; \n(b) offences under the Bengal Public Gambling Act, 1867 (Ben. Act 2 \nof 1867); \n(c) offences under sections 24 and 26 of the Cattle  Trespass Act, \n1871 (1 of 1871) \n(d) except as otherwise provided offences under thi s Act; or under any \nrule or bye-law made there under, and  \n(e) any other offence under any other enactment, if  empowered in this \nbehalf by the Government: \n Provided further that the Gram Katchahry shall not  take cognizance of \nany offence in respect of which any proceeding is p ending before a court of \ncompetent jurisdiction prior to the coming into effect of this Act.    \nProvided that the bench shall not take cognizance o f any offence under \nsection, 379, 380, 381 or 411 of the Indian Penal C ode, 1860 (45 of 1860) in \nwhich the value of the property alleged to be stole n exceeds ten thousand \nrupees or in which the accused- \n(i) has been previously convicted of an offence pun ishable \nunder Chapter XVII of the Indian Penal Code, 1860 ( 45 of \n1860) with imprisonment of either description for a  term of \nthree years or up-wards; or \n(ii) has been previously fined for theft by any ben ch of the Gram \nKatchahry; \n(iii) has been bound over to be of good behaviour i n proceedings \ninstituted under sections 109 or 110 of the Code of  Criminal \nProcedure, 1973 (2 of 1974): \nProvided further that the Gram Katchahry shall not take \ncognizance of any offence in respect of which a com plaint has been \nfiled against the Gram Panchayat a Mukhiya or any other member of \nthe Executive Committee, Sarpanch or a Panch.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1130
        },
        {
            "number": "107",
            "title": "Section 107. Criminal powers of a bench of the Gram Katchahry",
            "chapter": null,
            "content": "(1) A bench of the Gram Katchahry shall, after hear ing the parties and after \nconsidering the evidence adduced by the parties, re cord its decision in \nwriting, and may sentence any offender convicted by  it to pay a fine not \nexceeding one thousand rupees: \nProvided that if the members of the bench present during the trial of \na case fail to come to a unanimous decision, the de cision of the majority \nof such members shall be the decision of the bench : \nProvided further that in the case of equality of votes of the members \nof a bench present during the trial of a case, the Sarpanch shall have a \nsecond or casting vote and the decision of the benc h shall be in \naccordance with such second or casting vote. \n(2) No sentence of imprisonment, simple or rigorous , whether substantive or \nin default of payment of fine shall be awarded by any bench. \n(3) When a bench imposes a fine under sub-section (1), it may, when passing \nthe order, direct that the whole or any part of the  fine recovered shall be \napplied in payment of compensation for any loss or injury caused by the \noffence. \n(4)  When any person is sentenced by a bench of the  Gram Katchahry, the \nbench shall, on the request  of the person so sente nced , either in writing \nor orally , suspend the operation of such sentence for a period prescribed \nfor filing appeal under this Act . A copy of the or der passed by a Gram \nKatchahry or bench thereof shall be made available free of cost to the \nparties within one week from the date of passing of  such order in the \nmanner prescribed for this purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1140
        },
        {
            "number": "108",
            "title": "Section 108. Compensation to be paid by a complainant in c ase of false,",
            "chapter": null,
            "content": "frivolous, or vexatious accusation - If in any case instituted upon \ncomplaint, the bench of the Gram Katchahry discharg es or acquits all or \nany of the accused and is of the opinion that the a ccusation against any \nof the accused was false or frivolous or vexatious,  such bench may, for \nreasons to be recorded in writing, direct that compensation of an amount \nnot exceeding five hundred rupees be paid by the co mplainant to such \naccused, and the compensation, if not paid shall be  recoverable as if it \nwere a fine imposed by the bench.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1150
        },
        {
            "number": "109",
            "title": "Section 109. Criminal powers of Sarpanch",
            "chapter": null,
            "content": "(1) Whenever the Sarpanch has reason \nto believe that a breach of the peace or disturbanc e of the public \ntranquility is imminent and immediate prevention or  speedy remedy is \ndesirable, he may, by a written order stating the m aterial facts of the \ncase and served in the prescribed manner, direct an y person to abstain \nfrom a certain act or to take action with respect t o a certain property in \nhis possession or under his management. \n(2)  As soon as the Sarpanch has issued an order under sub-section (1) \nhe shall submit the proceedings of the case to the Sub-divisional \nMagistrate who may either confirm the order or disc harge the notice \nafter hearing the parties to the dispute, if they so desire. \n(3)  An order passed under sub-section (1) shall re main in force for thirty \ndays. \n(4) Any order passed under sub-section (1) shall be  promptly given \neffect to by the concerned local authorities.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1160
        },
        {
            "number": "110",
            "title": "Section 110. Exclusive civil jurisdiction of a bench of the  Gram Katchahry",
            "chapter": null,
            "content": "Notwithstanding anything contained in the Bengal, Agra and Assam Civil \nCourts Acts, 1887 (13 of 1887), the Provincial Smal l Cause Courts Act, \n1887 (9 of 1887) and the Code of Civil Procedure, 1 908 (5 of 1908) and \nsubject to the provisions of this Act a bench of th e Gram Katchahry shall \nhave jurisdiction to hear and determine the following classes of suits :- \n(a) When the value of the suit does not exceed ten thousand rupees, \nnamely - \n(i) suits for money due on contracts; \n(ii) suits for the recovery of movable property or the value of such \nproperty ; \n(iii) suits for the recovery of rent; and \n(iv) suits for compensation for wrongfully taking or injuring \nmovable property, or for damaged property caused by  cattle \ntrespass; \n(b)  All suits of partition except wherein complica ted question of law or \ntitle is involved; \nBut where the Gram Katchahry is of the view that where in a suit for \npartition, complicated question of law or title is involved, Gram Katchahry \nshall transfer such suit to the court of competent jurisdiction : \nProvided that the parties to a suit of the above de scription under \nclauses (a) and (b) may by a written agreement refe r the suit to the \nbench for decision irrespective of the value of the  suit and the bench \nshall, subject to such rules as may be prescribed a s to court-fees and \nother matters, have jurisdiction to hear and determine the said suit under \nthis Act:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1170
        },
        {
            "number": "111",
            "title": "Section 111. Certain suits not to be heard by a bench of th e Gram Katchahry",
            "chapter": null,
            "content": "Notwithstanding anything to the contrary contained in section 110, no \nsuit shall lie in any bench of the Gram Katchahry –\n(a) on a balance of partnership account, or \n(b) for a share or part of a share under an intestacy or for a legacy or \npart of a legacy under a will, or \n(c) by or against the Central or State Government o r servants of such \nGovernment in their official capacity or \n(d) by or against minors or persons of unsound mind , or  \n(e) for the assessment, enhancement, reduction, aba tement or \napportionment of rent of immovable property, or \n(f) of a mortagee of immovable property for the enf orcement of the \nmortgage by foreclosure or sale of the property for  the redemption \nof the mortgage or \n(g) for determining the right, title and interest i n immovable property, \n(h) with regard to any matter in which proceeding i s pending before a \ncourt of competent jurisdiction prior to coming int o effect of this \nAct. \n(i) against the Gram Panchayat Mukhiya or any other  member of the \nExecutive Committee, a Sarpanch or a Panch.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1180
        },
        {
            "number": "112",
            "title": "Section 112. Appeals",
            "chapter": null,
            "content": "(1) An appeal against any order or decision of a be nch of the \nGram Katchahry shall be preferred within the period  of thirty days after \nthe date of the passing of such order or decision t o the full bench of the \nGram Katchahry and shall be heard by it in the prescribed manner. \n(2)  Not less than seven Panches shall form the quo rum for the purpose \nof constituting a full bench for hearing an appeal under sub-section \n(1): \n(3) An appeal against any order or decision of a fu ll bench of the Gram \nKatchahry shall be preferred within a period of 30 days after the \ndate of the passing of such order or decision to a Sub-Judge in case \nof civil cases and to a District and Session Judge in case of criminal \ncases. \n(4) The order under challenge in appeal shall be no t given effect to till \nthe appeal is finally disposed of in the manner prescribed , \n(5) A copy of the order passed by the full bench of   Gram Katchahry \nshall be made available free of cost to the parties  within one week \nfrom the date of passing of such order in the manne r prescribed for \nthis purpose.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1190
        },
        {
            "number": "113",
            "title": "Section 113. No Court to take cognizance of case or suits taken cognizance of",
            "chapter": null,
            "content": "by a bench of the Gram Katchahry - (1) Notwithstanding anything \ncontained in any law for the time being in force, n o Court shall take \ncognizance of any case or suit which is cognizable under the Act by a \nbench of the Gram Katchahry. \n(2)  Every information relating to the commission of an offence triable by \na bench of the Gram Katchahry given to an officer-i n-charge of a \npolice station shall be reported within fifteen day s of the receipt of \nthe information to the bench of the Gram Katchahry in the \njurisdiction of which the offence has been committed. \n(3)  When a case relating to any offence triable by  a bench of the Gram \nKatchahry is pending before such bench and a charge  sheet is \nsubmitted by Police Officer, or a complaint is made  to any \nMagistrate in respect of the same offence, such Pol ice Officer or the \ncomplainant shall mention in the charge-sheet or th e complaint \npetition, as the case may be, that such a case is s o pending and in \nsuch circumstances the concerned Magistrate shall d irect the bench \nof the Gram Katchahry to proceed with the trial of the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1200
        },
        {
            "number": "114",
            "title": "Section 114. Transfer of case or suits to a bench of the Gr am Katchahry by",
            "chapter": null,
            "content": "Magistrate or Munsifs - If at any stage of proceedings in a case or suit \npending before a Magistrate or Munsif or a court of  competent \njurisdiction, it appears that the case or suit is o ne triable by a bench of \nthe Gram Katchahry the Chief/Additional/Sub-Divisio nal Judicial \nMagistrate, the Munsif or the court of competent ju risdiction, as the case \nmay be, shall, at once transfer the case or suit to  the bench having \njurisdiction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1210
        },
        {
            "number": "115",
            "title": "Section 115. Withdrawal of case",
            "chapter": null,
            "content": "The Chief Judicial Magistrate/ \nAdditional Judicial Magistrate/ Sub-Divisional Judi cial Magistrate, \nthe Munsif or a court of competent jurisdiction as the case may be, \neither on his own motion or on information received , withdraw any \ncase or suit pending before a bench of the Gram Kat chahry if for \nreasons to be recorded by him in writing, he is of the opionion that \nsuch case or suit ought not to be tried or heard by  such bench and \nmay try or hear the case or suit either himself or transfer it to \nanother competent Magistrate, Munsif or the court o f competent \njurisdiction or any other bench of Gram Katchahry for disposal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1220
        },
        {
            "number": "116",
            "title": "Section 116. No legal practitioner to appear",
            "chapter": null,
            "content": "No legal practitioner shall appear, \nplead or act on behalf of any party in any suit or case before the Gram \nKatchahry or a bench thereof without the consent of  contesting parties \nand permission of Gram Katchahry or the bench thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1230
        },
        {
            "number": "117",
            "title": "Section 117. Appearance in person or by representatives",
            "chapter": null,
            "content": "(1) Subject to the \nprovisions of section 116 any party to a suit may a ppear before a bench \nof the Gram Katchahry either in person or by such p ersonal relation, \nfriend or any other person duly authorised by him a s the bench may \nadmit as a fit person to represent him. \n(2)  Whenever the Sarpanch issues a summons in a case, he may, for \nreasons to be recorded in writing, dispense with th e personal \nattendance of the accused and, subject to the provi sions of section \n116 permit him to appear by his personal relation, friend or any \nother person duly authorised by him : \nProvided that the bench enquiring into or trying th e case may at \nany stage of the proceedings direct the personal at tendance in the \nprescribed manner. \n(3) Subject to the provisions of section 116, a ben ch enquiring into or \ntrying a case may at any stage of the proceedings, for reasons to be \nrecorded in writing :- \n(i) direct the personal attendance of the accused, and if necessary, \nenforce such attendance in the prescribed manner or; \n(4) permit such accused persons to be represented b y his personal \nrelations, friend or any other person duly authorised by him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1240
        },
        {
            "number": "118",
            "title": "Section 118. Power of Chief Judicial Magistrate/ Additiona l Chief Judicial",
            "chapter": null,
            "content": "Magistrate/ Sub- divisional Judicial Magistrate and  Munsif over the \nbench of Gram Katchahry - \n(1) If there has been a miscarriage of justice, or there be an \napprehension of miscarriage of justice, in any case  or suit, the Chief \nJudicial Magistrate/ Additional Chief Judicial Magi strate/ Subdivisional \nJudicial Magistrate, as the case may be, and the Munsif in respect of any \nsuit, may on the application of any party or of his  own motion, at any \ntime during the pendency of the suit or case and wi thin sixty days from \nthe date of a decree or order, call for the record from a bench of a Gram \nKatchahry and may for reasons to be recorded in writing. - \n(a) transfer the case and order it to be heard by a nother bench of the \nGram Katchahry within the local limits of the juris diction of the \nPanchayat or within the local limits of the jurisdi ction of the \nPanchayat Samiti area; or \n(b) quash any proceeding of the bench at any stage or cancel any order \nor decree passed by such bench and either remand th e suit or case \nto the same bench for retrial or direct the complai nant or plaintiff, as \nthe case may be, to institute the case or suit afre sh to any other \nbench of the Gram Katchahry within the local limits of the Panchayat \nSamiti area: \nProvided that before passing any order under this s ub- \nsection the Chief Judicial Magistrate/ Additional C hief Judicial \nMajistrate/ Subdivisional Judicial Magistrate/ Judi cial Magistrate or \nthe Munsif, as the case may be, shall call for a re port from the \nbench of a Gram Katchahry and give an opportunity t o the parties to \nbe heard. \nExplanation -  For the purposes of sub-section (1) the word \"benc h\" \nincludes a \"full bench\". \n(2) Where order has been passed by a Munsif or Chie f Judicial \nMagistrate/ Additional Chief Judicial Magistrate/ S ub- Divisional \nJudicial Magistrate, as the case may be, under sub- section (1) in \nrespect of any suit or case, as the case may be, th e complainant or \nplaintiff may institute the case or suit afresh bef ore a court of \ncompetent jurisdiction. \n(3)  Any suit or case transferred under clause (a) of sub-section (1) shall \nbe disposed of as if such suit or case has been ins tituted before the \nbench to which it has been so transferred. \nExplanaton-  For the purpose of sub-section (1) the word \n\"bench\" includes a \"full bench\".",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1250
        },
        {
            "number": "119",
            "title": "Section 119. Procedure for execution of decrees and orders  and apprehension",
            "chapter": null,
            "content": "of accused in certain cases - If a bench of the Gram Katchahry is \nunable for any reason to execute a decree passed by  it in any suit the \nbench shall transfer such decree for execution to t he Munsif who shall \nexecute the decree as if it were a decree passed by the Munsif. \n(2)  If a bench of the Gram Katchahry is unable for  any reason to realise \nany fine imposed by it in any case the bench shall send the order \nimposing such fine for execution to the Chief/ Addi tional/ Sub- \nDivisional Judicial Magistrate who shall realise th e fine from the \nperson against whom such order was passed as if the order were an \norder passed by such Magistrate in a case tried by him. \n(3)  If a bench of Gram Katchahry is unable to secu re the attendance of \nany accused for the trial of any case it may forwar d a bailable \nwarrant for the apprehension of such accused (with a report about \nthe whereabouts of the accused) to the Chief/Additi onal/Sub- \nDivisional Judicial Magistrate who shall countersig n and forward the \nwarrant to the officer in-charge of the police-stat ion within whose \njurisdiction the accused is to be found and such officer shall execute \nthe warrant and take necessary steps for the produc tion of the \naccused before the bench to stand his trial.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1260
        },
        {
            "number": "120",
            "title": "Section 120. Limitation of suits",
            "chapter": null,
            "content": "No suit shall be entertained by a bench of the \nGram Katchahry after the expiration of three years from the date when \nthe right to sue first accrued: \nProvided that the period of limitation for suits sp ecified in the first \ncolumn of the Table when instituted before a bench of the Gram \nKatchahry shall be the period specified in the corr esponding entry of the \nsecond column thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1270
        },
        {
            "number": "121",
            "title": "Section 121. Re judicata and pending suits",
            "chapter": null,
            "content": "No bench of the Gram Katchahry shall \ntry any suit in which the matter directly and subst antially in dispute has \nbeen heard and decided by a Court of competent juri sdiction in a former \nsuit between the same parties or between parties un der whom they or \nany of them claim, or is pending for decision in th e same Court or in any \nother Court in a previously instituted suit between  the same parties or \nbetween parties under whom they or any of them claim.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1280
        },
        {
            "number": "122",
            "title": "Section 122. Power of District Judge to inspect proceedings  and records",
            "chapter": null,
            "content": "The \nDistrict Judge, or any other Judicial Officer espec ially authorised by him, \nshall have power at all reasonable time to inspect the proceedings and \nrecords of a Gram Katchahry or benches thereof. \nTABLE \n(See section 120) \nPeriod of limitation for certain suits \nDescription of suit Period of \nlimitation \nTime from which period begins to \nrun. \n1. For the wages of a \nhouse-hold servant, \nartisan or labourer. \nOne year When the wages accrued are \ndue. \n2. For the price of food \nor drink supplied by a \nkeeper of a hostel, \ntavern or lodging \nhouse. \nOne year When the food or drink was \ndelivered. \n3. For the rent of \nlodging. \nOne year When the rent became payable. \n4. For money due on \ncontract. \nThree years When the money became due to \nthe plaintiff. \n5. For the recovery of \nthe movable property \nor the value thereof. \nOne year When the plaintiffs became \nentitled to the delivery of the \nmovable property. \n6. For compensation \nfor wrongfully taking or \ninjuring a movable \nproperty. \nOne year When the movable property was \nwrongfully taken or when injury \nwas done to it. \n7. For damages \ncaused by cattle \ntrespass. \nSix months When the damage was caused \nby the cattle trespass.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1290
        },
        {
            "number": "131",
            "title": "CHAPTER VII - ELECTIONS",
            "chapter": "CHAPTER VII",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1300
        },
        {
            "number": "123",
            "title": "Section 123. State Election Commission",
            "chapter": null,
            "content": "(1) There shall be a State Election \nCommission for superintendence, direction and contr ol of the \npreparation of electoral rolls for, and the conduct  of, all elections to the \nPanchayat bodies in the State under this Act and th e rules made \nthereunder. The Commission shall consist of a State  Election \nCommissioner to be appointed by the Governor. \n(2) The conditions of service and tenure of office of the State Election \nCommissioner shall be such as the Governor may by r ule \ndetermine: \nProvided that the State Election Commissioner shall  not be \nremoved from his office except in like manner and o n the like \ngrounds as a Judge of the High Court and the condit ions of service \nof the State Election Commissioner shall not be var ied to his \ndisadvantage after his appointment.  \n(3) The Government shall, when so requested by the State Election \nCommission, make available to the State Election Co mmission such \nofficers and staff as may be necessary for the disc harge of the \nfunctions conferred on the State Election Commissio n under this \nAct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1310
        },
        {
            "number": "124",
            "title": "Section 124. Notification of Panchayat Election",
            "chapter": null,
            "content": "The Governor on the \nrecommendation of the State Election Commission, fo r constituting the \nPanchayats and the Gram Katchahry, fix date or date s through \nnotification published in the State Gazette and it shall be expected that \nthe electors may elect the office bearers of the Pa nchayats and the \nGram Katchahry in accordance with the provisions of this Act : \nProvided that no such notification shall be issued prior to six \nmonths before the date fixed for election.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1320
        },
        {
            "number": "125",
            "title": "Section 125. Administrative machinery for the conduct of el ection",
            "chapter": null,
            "content": "- (1)  The State \nGovernment shall, when so required, for the conduct  of election of \nPanchayats, make available to the State Election Co mmission, the \nservices of officers and staff in the required numbers. \n(2) The State Election commission for the conduct o f Panchayat election, \nshall designate or nominate the District Magistrate as a District Election \nOfficer (Panchayat) for each district and shall des ignate or nominate \none or more Deputy District Election Officer (Panch ayat) for the \nassistance of District Election Officer (Panchayat)  who shall not be \nbelow the rank of a Deputy Collector . \nProvided that the District Election Officer (Pancha yat) subject to \ndirection, control and supervision of the State Election Commission, shall \nco-ordinate and supervise all works relating to con duct of election in the \narea within his jurisdiction. \n(3) For the Panchayat election the State Election C ommission or on being \nauthorised by it the District Election officer (Pan chayat) shall appoint \nReturning Officer (Panchayat) who shall not be belo w the rank of Block \nDevelopment officer/Circle Officer/Deputy Collector. \n(4) The State election Commission or on being autho rised by it, the District \nElection Officer (Panchayat) to assist the Returning Officer (Panchayat) \nin the discharge of his functions shall appoint one  or more Assistant \nReturning Officer (Panchayat) who shall be an offic er of the State \nGovernment. \n(5) The District Election Officer (Panchayat) for e very polling station, shall \nappoint a Presiding Officer (Panchayat) and to assi st the Presiding \nOfficer (Panchayat) shall appoint as many polling o fficer or officers as \nhe deems necessary : \nProvided that any person who is a Government servan t or a \nservant of Government Company or servant of Governm ent aided \ninstitutions may be appointed as Presiding Officer (Panchayat)/Polling \nOfficer : \nProvided further that a poling officer on being abs ent from the \npolling station, the presiding officer (Panchayat) may, under above \nproviso, appoint any person who is present at the p olling station other \nthan the persons appointed by the candidate or on h is behalf or has \nbeen doing other work for him as polling officer an d shall accordingly \ninform the District Election Officer (Panchayat) : \nProvided further also that the polling officer subj ect to the direction \nof the State Election Commission, on being authorised by the presiding \nofficer (Panchayat), perform all or any of the func tions of presiding \nofficer (Panchayat) under this Act and the rules framed thereunder. \n(6) If the presiding officer (Panchayat) owing to i llness or any other \nunavoidable reason is compelled to be absent from t he polling station \nthen his functions shall be performed by such polli ng officer who has \nbeen so authorised previously by Returning Officer (Panchayat) to \nperform such functions during such absence. \n(7) It shall be the general duty of the presiding o fficer (Panchayat) to \nmaintain order at the polling station and see that the poll is properly \ngoing on. \n(8) It shall be the duty of a polling officer of a polling station to assist the \npresiding officer (Panchayat) of such polling stati on in discharge of his \nfunctions.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1330
        },
        {
            "number": "126",
            "title": "Section 126. Electors of Panchayat",
            "chapter": null,
            "content": "All such persons who are enrolled as electors \nin the electoral roll or that part of the rolls of the State Legislative \nAssembly Constituency for the time being in force w hich is concerned \nwith the territorial constituency of any Gram Panch ayat shall be the \nelectors for concerned Panchayat Elections.  \n  \n  Provided that the State Election Commission suo m otu or on \nreceipt of written representation from on aggrieved  person, is of the \nopinion that there is sufficient reason for doing s o, may direct such \nchanges to be made in the electoral rolls of the co ncerned territorial \nconstituency of the Panchayat, as it may deem proper. \n Provided further that no such change of the electo ral roll shall be \nmade after the notification of the date of Panchaya t election by the \nGovernor under section- 124 of the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1340
        },
        {
            "number": "127",
            "title": "Section 127. Determination of Elected Members after Census",
            "chapter": null,
            "content": "Upon the \npublication of figures of each Census, the number of elected members of \na Panchayat shall be determined by the State Govern ment on the basis \nof the population of the Panchayat area as ascertained at that Census: \nProvided that the determination of the number as af oresaid shall \nnot affect the then composition of the Panchayat un it until the expiry of \nthe term of office of the elected members then in office. \nProvided further that notwithstanding any other provision contained \nin this Act, until the relevant figures for the census taken in the year 2011 \nare published, it shall not be necessary for the Go vernment to re- \ndetermine the number of elected members on the basi s of population of \nthe Panchayat area ascertained at the 2001 census.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1350
        },
        {
            "number": "128",
            "title": "Section 128. Observers.",
            "chapter": null,
            "content": "(1) The State  Election Commission may nominate an  \nObserver who shall be an officer of State  Governme nt to watch the \nconduct of election or elections in a constituency or a group of \nconstituencies and to perform such other functions as may be entrusted \nto him by the State Election Commission. \n(2) The Observer nominated under sub-section (1) sh all have the power \nto direct the Returning Officer for the constituenc y or for any of the \nconstituencies for which he has been nominated, to stop the \ncounting of votes at any time before the declaratio n of the result or \nnot to declare the result, if in the opinion of the  Observer, booth \ncapturing has taken place at a large number of poll ing stations or at \nplaces fixed for the poll or counting of votes or a ny ballot papers \nused at a polling station or at a place fixed for t he poll are unlawfully \ntaken out of the custody of the Returning Officer o r are accidentally \nor intentionally destroyed or lost or are damaged o r tampered with \nto such an extent that the result of the poll at th at polling station or \nplace cannot be ascertained. \n(3) Where an Observer has directed the Returning Of ficer under this \nsection to stop counting of votes or not to declare  the result, the \nObserver shall forthwith report the matter to the S tate Election \nCommission and thereupon the State Election Commiss ion shall, \nafter taking all material circumstances into accoun t, issue \nappropriate directions. \nExplanation - For the purposes of sub-section (2) and sub-section  (3), \n“Observer” shall include   any such officer of the State Election \nCommission as has been assigned under this section the duty of \nwatching the conduct of election or elections in a constituency or group \nof constituencies by the State Election Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1360
        },
        {
            "number": "129",
            "title": "Section 129. District Election Officer (Panchayat), Returni ng Officer, presiding officer,",
            "chapter": null,
            "content": "etc. deemed to be on deputation to State Election C ommission - The \nDistrict Election Officer (Panchayat),. Returning O fficer, Assistant \nReturning Officer, presiding officer, polling offic er and any other officer \nrelated with election work of rural local bodies an d any police officer \ndesignated for the time being by the State Governme nt, for the conduct \nof such  election shall be deemed to be on deputati on to the State  \nElection Commission for the period commencing on  a nd from the date \nof the notification calling for such election and e nding with the date of \ndeclaration of the result of such election and acco rdingly, such officers \nshall, during that period, be subject to the contro l, superintendence and \ndiscipline of the State Election Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1370
        },
        {
            "number": "130",
            "title": "Section 130. ELECTORAL OFFENCES",
            "chapter": null,
            "content": "(1)  Promoting enmity between classes in connection  with \nelection.-  Any person who in connection with an election unde r this \nAct promotes or attempts to promote on grounds of r eligion, race, \ncaste, community or language, feelings of enmity or hatred, between \ndifferent classes of the citizens of India shall be  punishable with \nimprisonment for a term which may extend to three y ears, or with \nfine, or with both. \n(2)  Prohibition of public meetings during period o f forty-eight \nhours ending with hour fixed for conclusion of poll  -  (l) No \nperson shall- \n(a) convene, hold, attend, join or address any public meeting or \nprocession in connection with an election; or \n(b) display to the public any election matter by me ans of \ncinematograph,  television or other similar apparatus; or \n(c) propagate any election matter to the public by holding, or by \narranging the holding of, any musical concert or an y theatrical \nperformance or any other entertainment or amusement  with a \nview to attracting the members of the public theret o, in any \npolling area during the period of forty-eight hours  ending with \nthe hour fixed for the conclusion of the poll for a ny election in \nthat polling area. \n(II)  Any person who contravenes the provisions of sub-section (1) \nshall be punishable with imprisonment for a term wh ich may \nextend to two years, or with fine, or with both. \n(III) In this section, the expression “election mat ter” means any \nmatter intended or calculated to influence or affec t the result of \nany election. \n(3)  Disturbances at election meetings.-  (1) Any person who at a \npublic meeting to which this section applies acts, or incites others to \nact, in a disorderly manner for the purpose of prev enting the \ntransaction of the business for which the meeting w as called \ntogether, shall be punishable with imprisonment for  a term which \nmay extend to six months or with fine which may ext end to two \nthousand rupees or with both. \nAn offence punishable under clause (1) shall be cognizable. \n(2) This section applies to any public meeting of a  political character held in \nany constituency between the date of the issue of a  notification under this Act \ncalling upon the constituency to elect a member or members and the date on \nwhich such election is held. \n(3) if any police officer reasonably suspects any person of committing an \noffence under clause (1), he may, if requested so t o do by the chairman of the \nmeeting require that person to declare to him immed iately his name and \naddress and, if that person refuses or fails so to declare his name and \naddress, or if the police officer reasonably suspects him of giving a false name \nor address, the police officer may arrest him without warrant. \n(4)  Restrictions on the printing of pamphlets, pos ters, etc.-  (1) No \nperson shall print or publish, or cause to be print ed or published, any election \npamphlet or poster which does not bear on its face the names and address of \nthe printer and the publisher thereof. \n(2) No person shall print or cause to be printed an y election pamphlet or \nposter- \n(a) unless a declaration as to the identity of the publisher thereof, signed \nby him and attested by two persons to whom he is pe rsonally known, \nis delivered by him to the printer in duplicate; and \n(b) unless, within a reasonable time after the prin ting of the document, \none copy of the declaration is sent by the printer,  together with one \ncopy of the document, -  \n(i) where it is printed in the capital of the State, to the State Election \nCommission, and \n(ii) in any other case, to the District Magistrate of the district in which it \nis printed. \n(3) For the purposes of this section - \n(a) any process for multiplying copies of a document, other than copying \nit by hand, shall be deemed to be printing and the expression “printer” \nshall be construed accordingly; and \n(b) “election pamphlet or poster” means any printed  pamphlet, hand-bill \nor other document distributed for the purpose of pr omoting or \nprejudicing the election of a candidate or group of  candidates but \ndoes not include any handbill, placard or poster me rely announcing \nthe date, time, place and other particulars of an e lection meeting or \nroutine instructions to election agents or workers.\n(4) Any person who contravenes any of the provision s of clause (1) or \nclause (2) shall be punishable with imprisonment fo r a term which \nmay extend to six months, or with fine which may ex tend to two \nthousand rupees, or with both. \n(5)  Maintenance of secrecy of voting -  (1) Every officer, clerk, agent \nor other person who performs any duty in connection  with the \nrecording or counting of votes at an election shall  maintain, and aid \nin maintaining, the secrecy of the voting and shall  not (except for \nsome purpose authorised by or under any law) commun icate to any \nperson any information calculated to violate such secrecy. \n(2) Any person who contravenes the provisions of cl ause (1) shall be \npunishable with imprisonment for a term which may e xtend to three \nmonths or with fine or with both. \n(6)  Officers etc., at elections not to act for can didates or to \ninfluence voting -  (1) No person who is a District Election Officer \n(Panchayat) or a Returning Officer, or an Assistant  Returning \nOfficer, or a presiding or polling officer at an election, or an officer or \nclerk appointed by the Returning Officer or the pre siding officer to \nperform any duty in connection with an election sha ll in the conduct \nor the management of the election do any act (other  than the giving \nof vote) for the furtherance of prospects of the el ection of a \ncandidate. \n(2) No such person as aforesaid, and no member of a police force, \nshall endeavor - \n(a) to persuade any person to give his vote at an election, or \n(b) to dissuade any person from giving his vote at an election, \nor \n(c) to influence the voting of any person at an ele ction in any \nmanner. \n(3) Any person who contravenes the provisions of cl ause (1) or \nclause (2) shall be punishable with imprisonment wh ich may \nextend to six months or with fine or with both. \n(4) An offence punishable under clause (3) shall be  cognizable. \n(7)  Prohibition of canvassing in or near polling s tations -  (1) No \nperson shall, on the date or dates on which a poll is taken at polling \nstation, commit any of the following acts within th e polling station or \nin any public or private place within a distance of  one hundred \nmeters of the polling station, namely: \n(a) canvassing for votes; or \n(b) soliciting the vote of any elector; or \n(c) persuading any elector not to vote for any particular candidate; \nor \n(d) persuading any elector not to vote at the elect ion; or \n(e) exhibiting any notice or sign (other than an of ficial notice) \nrelating to the election. \n(2) Any person who contravenes the provisions of cl ause (1) shall \nbe punishable with fine which may extend to five hu ndred \nrupees, by the Magistrate having the local jurisdiction. \n(3) An offence punishable under this sub-section sh all be \ncognizable. \n(8)  Penalty for disorderly conduct in or near poll ing stations -  (1) \nNo person shall, on the date or dates on which a po ll is taken at any \npolling station,- \n(a) use or operate within or at the entrance of the  polling station, or \nin any public or private place in the neighborhood thereof, any \napparatus for amplifying or reproducing the human v oice such \nas megaphone or a loudspeaker or  \n(b) shout, or otherwise act in a disorderly manner,  within or at the \nentrance of the polling station or in any public or  private place \nin the neighborhood thereof, so as to cause annoyan ce to any \nperson visiting the polling station for the poll, o r so as to \ninterfere with the work of the officers and other persons on duty \nat the polling station.   \n(2) Any person who contravenes, or willfully aids o r abets the \ncontravention of, the provisions of clause (1) shal l be punishable \nwith imprisonment which may extend to three months or with fine \nor with both. \n(3) If the presiding officer of a polling station h as reason to believe \nthat any person is committing or has committed an o ffence \npunishable under this section, he may direct any po lice officer to \narrest such person, and thereupon the police office r shall arrest \nhim.  \n(4) Any police officer may take such steps, and use  such force, as \nmay be reasonably necessary for preventing any contravention of \nthe provisions of clause (1), and may seize any app aratus used \nfor such contravention. \n(9)  Penalty for misconduct at the polling station - (1) Any person \nwho during the hours fixed for the poll at any poll ing station \nmisconducts himself or fails to obey the lawful dir ections of the \npresiding officer may be removed from the polling s tation by the \npresiding officer or by any police officer on duty or by any person \nauthorised in this behalf by such presiding officer. \n(2) The powers conferred by clause (1) shall not be  exercised so as \nto prevent any elector who is otherwise entitled to  vote at a \npolling station from having an opportunity of votin g at that \nstation.  \n(3) if any person who has been so removed from a po lling station \nre-enters the polling station without the permissio n of the \npresiding officer, he shall be punishable with impr isonment for a \nterm which may extend to three months or with fine or with both. \n(4) An offence punishable under clause (3) shall be cognizable. \n(10) Penalty for failure to observe procedure for voting.- If any elector \nto whom a ballot paper has been issued, refuses to observe the \nprocedure prescribed for voting the ballot paper is sued to him shall \nbe liable for cancellation. \n(11) Penalty for illegal hiring or procuring of con veyance at \nelections -  If any person is guilty of any such corrupt practi ce as is \nspecified in clause (vi) of Section 141 at or in co nnection with an \nelection, he shall be punishable with imprisonment which may \nextend to three months and with fine. \n(12) Breaches of official duty in connection with e lection -  (1) If any \nperson to whom this section applies is without reas onable cause \nguilty of any act or omission in breach of his offi cial duty, he shall be \npunishable with fine which may extend to five hundred rupees. \n(1-A) An offence punishable under clause (1) shall be cognizable. \n(2) No suit or other legal proceedings shall lie ag ainst any such \nperson for damages in respect of any such act or om ission as \naforesaid. \n(3) The persons to whom this section applies are th e District \nElection Officers (Panchayat), Returning Officers, Assistant \nReturning Officers, presiding officers, polling off icers and any \nother person appointed to perform any duty in conne ction with \nthe receipt of nominations or withdrawal of candida tures, or the \nrecording or counting of votes at an election; and the \nexpression “official duty” shall for the purposes o f this section \nbe construed accordingly, but shall not include dut ies imposed \notherwise than by or under this Act. \n(13) Penalty for Government servants for acting as election agent, \npolling agent or counting agent -  If any person in the service of \nthe Government acts as an election agent or a polli ng agent or a \ncounting agent of a candidate at an election, he sh all be punishable \nwith imprisonment for a term which may extend to th ree months, or \nwith fine, or with both. \n(14) Prohibition of going armed to or near a pollin g station -  (1) No \nperson, other than the Returning Officer, the presi ding officer, any \npolice officer and any other person appointed to maintain peace and \norder, at a polling station who is on duty at the p olling station, shall, \non a polling day, go armed with arms, as defined in  the Arms Act, \n1959 (54 of 1959), of any kind within the neighborh ood of a polling \nstation. \n(2) If any person contravenes the provisions of clause (1), he shall \nbe punishable with imprisonment for a term which ma y extend \nto two years, or with fine, or with both. \n(3) Notwithstanding anything contained in the Arms Act, 1959 (54 \nof 1959), where a person is convicted of an offence  under this \nsection, the arms as defined in the said Act found in his \npossession shall be liable to confiscation and the licence \ngranted in relation to such arms shall be deemed to  have been \nrevoked under Sec. 17 of that Act. \n(4) An offence punishable under clause (2) shall be  cognizable. \n(15) Removal of ballot papers from polling station to be an offence -   \n(1) Any person who at any election takes, or attemp ts to take, a \nballot paper out of a polling station, or willfully  aids or abets the \ndoing of any such act, shall be punishable with imprisonment for \na term which may extend to one year or with fine wh ich may \nextend to five hundred rupees or with both. \n(2) If the presiding officer of a polling station h as reason to believe \nthat any person is committing or has committed an o ffence \npunishable under clause (1), such officer may, befo re such \nperson leaves the polling station, arrest or direct  a police officer \nto arrest such person and may search such person or  cause \nhim to be searched by a police officer: \nProvided that when it is necessary to cause a woman  to be \nsearched, the search shall be made by another woman  with \nstrict regard to decency. \n(3) Any ballot paper found upon the person arrested  on search \nshall be made over for safe custody to a police off icer by the \npresiding officer, or when the search is made by a police officer, \nshall be kept by such officer in safe custody. \n(4) An offence punishable under clause (1) shall be  cognizable. \n(16) Offence of booth capturing -  Whoever commits an offence of \nbooth capturing  shall be punishable with imprisonm ent for term \nwhich shall not be less than one year but which may  extend to three \nyears and with fine, and where such offence is comm itted by a \nperson in the service of the Government, he shall b e punishable \nwith imprisonment for a term which shall not be les s than three \nyears but which may extend to five years and with fine; \nExplanation -(1) For the purposes of this clause and section 97 (b) \n“booth capturing” includes, among other things, all  or any of the \nfollowing activities, namely: \n(a) seizure of a polling station or a place fixed for the poll by any \nperson or persons, making polling authorities surre nder the ballot \npapers or voting machines and doing of any other ac t which \naffects the orderly conduct of elections; \n(b) taking possession of a polling station or a pla ce fixed for the poll \nby any person or persons and allowing only his or t heir own \nsupporters to exercise their right to vote and prev enting others \nfrom free exercise of their right to vote; \n(c) coercing or intimidating or threatening directl y or indirectly any \nelector and preventing him from going to the pollin g station or a \nplace fixed for the poll to cast his vote; \n(d) seizure of a place for counting of votes by any person or persons, \nmaking the counting authorities surrender the ballo t papers or \nvoting machines and the doing of anything which aff ects the \norderly counting of votes; \n(e) doing by any person in the service of Government, of all or any of \nthe aforesaid activities or aiding or conniving at,  any such activity \nin the furtherance of the prospects of the election of a candidate. \n(2) An offence punishable under clause (1), shall be cognizable. \n(17) Other offences and penalties therefor -  (1) A person shall be \nguilty of an electoral offence if at any election he – \n(a)  fraudulently defaces or fraudulently destroys any nomination \npaper; or \n(b)  fraudulently defaces, destroys or removes any list, notice or \nother document affixed  by or under the authority of a Returning \nofficer; or \n(c)  fraudulently defaces or fraudulently destroys any ballot paper \nor the official mark on any ballot paper or any dec laration of \nidentity or official envelope used in connection wi th voting by \npostal ballot; or \n(d)  without due authority supplies any ballot pape r to any person or \nreceives any ballot paper from any person or is in possession \nof any ballot paper; or \n(e)  fraudulently puts into any ballot box anything  other than the \nballot paper which he is authorised by law to put in; or \n(f)  without due authority destroys, takes opens or  otherwise \ninterferes with any ballot box or ballot papers the rein used for \nthe purposes of the election; or \n(g)  fraudulently or without due authority, as the case may be, \nattempts to do any of the foregoing acts or wilfully aids or abets \nthe doing of any such acts. \n(2)  Any person guilty of an electoral offence unde r this section shall \n– \n(a)  if he is a Returning Officer or an Assistant R eturning Officer \nor a presiding officer at a polling station or any other officer \nor clerk employed on official duty in connection wi th the \nelection, be punishable with imprisonment for a ter m which \nmay extend to two years or with fine or with both; \n(b)  if he is any other person, be punishable with imprisonment \nfor a term which may extend to six months or with f ine or \nwith both. \n(3)  For the purposes of this section, a person sha ll be-deemed to \nbe on official duty if his duty is to take part in the conduct of an \nelection or part of any election including the counting of votes or \nto be responsible after an election for the used ba llot papers \nand other documents in connection with such electio n, but the \nexpression “official duty” shall not include any du ty imposed \notherwise than by or under this Act. \n(4)  An offence punishable under Sub-sec. (2) shall be cognizable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1380
        },
        {
            "number": "131",
            "title": "Section 131. Grant of paid holiday to employees on the day of poll",
            "chapter": null,
            "content": "(1) Every \nperson employed in any business, trade, industrial undertaking or any \nother establishment and entitled to vote at an elec tion to the Panchayats \nof the   State shall, on the day of poll, be granted a holiday. \n(2) No deduction or abatement of the wages of any s uch person shall \nbe made on account of a holiday having been granted  in \naccordance with sub-section (1) and if such person is employed on \nthe basis that he would not ordinarily receive wage s for such a day, \nhe shall nonetheless be paid for such day the wages  he would have \ndrawn had not a holiday been granted to him on that day. \n(3) If an employer contravenes the provisions of cl ause (1) or clause \n(2), then such employer shall be punishable with fi ne which may \nextend to five hundred rupees. \n(4) This section shall not apply to any elector who se absence may \ncause danger or substantial loss in respect of the employment in \nwhich he is engaged.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1390
        },
        {
            "number": "132",
            "title": "Section 132. Liquor not to be sold, given or distributed on  polling day",
            "chapter": null,
            "content": "(1) No, \nspirituous, fermented or intoxicating liquors or ot her substances of a like \nnature shall be sold, given or distributed at a hot el, eating-house, tavern, \nshop or any other place, public or private, within a polling area during the \nperiod of forty-eight hours ending with the hour fi xed for the conclusion \nof the poll for any election in that polling area. \n(2) Any person who contravenes the provisions of sub-section (1) shall \nbe punishable with imprisonment for a term which ma y extend to six \nmonths, or with fine, which may extend to two thous and rupees, or \nwith both. \n(3)  Where a person is convicted of an offence unde r this section, the \nspirituous, fermented or intoxicating liquors or ot her substances of a \nlike nature found in his possession shall be liable to confiscation and \nthe same shall be disposed off in such manner as ma y be \nprescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1400
        },
        {
            "number": "133",
            "title": "Section 133. Account of Election Expenses and maximum there of",
            "chapter": null,
            "content": "-  (1) Every \ncandidate at a panchayat election shall, either by himself or by his \nelection agent, keep a separate and correct account  of all expenditures \nin connection with the election, incurred or author ised by him or by his \nelection agent between the dates on which he has be en nominated and \nthe date of declaration of the result thereof, both dates inclusive. \n(2) The account shall contain such particulars, as may be prescribed. \n(3) The total of said expenditure shall not exceed such amount as may \nbe prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1410
        },
        {
            "number": "134",
            "title": "Section 134. Disqualification on failure to lodge account o f election expenses",
            "chapter": null,
            "content": "If \nthe State Election Commission is satisfied that a p erson (a) has failed to \nlodge an account of election expenses within the ti me and manner \nrequired by or under this Act and  \n(b) has no good reason or justification for the failure, the State Election \nCommission shall by order declare him to be disqual ified and any \nsuch person shall be disqualified for a period of t hree years from the \ndate of the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1420
        },
        {
            "number": "135",
            "title": "Section 135. Qualification for Membership",
            "chapter": null,
            "content": "Every person whose name is in the list \nof voters of any Panchayat constituency shall, unle ss disqualified under \nthis Act or under any other law for the time being in force, be qualified to \nbe elected as a member or office bearer of the Panchayat : \nProvided that in the case of seats reserved for Sch eduled Castes \nor Scheduled Tribes or Backward Classes or Women, n o person who is \nnot a member of any of the Schedule Castes or Sched uled Tribes or \nBackward Classes or is not a woman, as the case may  be, shall be \nqualified to be elected to such seat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1430
        },
        {
            "number": "136",
            "title": "Section 136. Disqualification for Membership",
            "chapter": null,
            "content": "(1) Notwithstanding anything \ncontained in this Act, a person shall be disqualifi ed for election or after \nelection for holding the post as Mukhiya, member of  the Gram \nPanchayat, Sarpanch, Panch of the Gram Katchahri, m ember of the \nPanchayat Samiti and member of Zila Parishad, if such person— \n(a)  is not a citizen of India ; \n(b) is so disqualified by or under any law for the time being in force for the \npurposes of elections to the Legislature of the State : \nProvided that no person shall be disqualified on th e ground that he \nis less than twenty five years of age, if he has at tained the age of twenty \none years; \n(c) is in the service of Central or State Government or any local authority ; \n(d) is in service of any such institution receiving  aid from Central or State \nGovernment or any local authority; \n(e) has been adjudged by a competent court to be of unsound mind; \n(f) has been dismissed from the service of Central or State Government or \nany local authority for misconduct and has been dec lared to be \ndisqualified for employment in the public service; \n(g) has been sentenced by a criminal court whether within or out of India to \nimprisonment for an offence, other than a political  offence, for a term \nexceeding six months or has been ordered to furnish  security for good \nbehavior under section 109 or section 110 of the Co de of Criminal \nProcedure 1973 (Act 2, 1974) and such sentence or o rder not having \nsubsequently been reversed; \n(h) has under any law for the time being in force b ecome ineligible to be a \nmember of any local authority; \n(i) holds any salaried  office or office of profit under the Panchayat; \n(j) has been found guilty of corrupt practices,  \nProvided that on being found guilty of corrupt prac tices, the \ndisqualification shall cease after six years of general election. \n(2) If any question arises as to whether a Member of a Panchayat at any \nlevel or Mukhiya of Gram Panchayat or Sarpanch of G ram Katchahri \nwas before election or has become after election subject to any of the \ndisqualifications mentioned in clause (1), the ques tion shall be \nreferred for the decision of State Election Commiss ioner. The matter \nof disqualification may be brought to the notice of  State Election \nCommission in the form of a complaint, application or information by \nany person or authority. The State Election Commiss ion may also \ntake suo-motu cognizance of such matters and decide  such matters \nexpeditiously after allowing sufficient opportunity  to the affected \nparties of being heard. \n(3) If a person, who is chosen as a member of Panch ayat, a Mukhiya, a \nSarpanch is or becomes member of the Lok Sabha, Raj ya Sabha, \nState Legislative Assembly or State Legislative Cou ncil, or is or \nbecomes a Municipal Councillor or a Councillor of a  Municipal \nCorporation or a Member of a Sanitary Board, or a m ember of a \nNagar Panchayat or a member of any other Panchayat or Mukhiya, \nSarpanch,  then within fifteen days from the date o f commencement \nof the term of office of a member of Lok Sabha, Raj ya Sabha, State \nLegislative Assembly or State Legislative Council, or of a Councillor of \nMunicipality or Municipal Corporation or a Member o f Sanitary Board \nor Nagar Panchayat or a Member of other Panchayat o r Mukhiya or \nSarpanch, his seat in the Panchayat shall become va cant unless he \nhas previously resigned his seat in the Lok Sabha, Rajya Sabha, \nState Legislative Assembly or State Legislative Cou ncil, Municipality \nor the Municipal Corporation, Sanitary Board or the  Nagar Panchayat \nor of any such Panchayat as the case may be. \n(4) Oath and affirmation -  Immediately after election a member of a \nPanchayat, Sarpanch or Panch of a Gram Katchahry an d Mukhiya of \nGram Panchayat shall make and subscribe before such person as the \nState Election Commission may appoint in this behal f, an oath or \naffirmation and if such member of a Panchayat, Sarpanch or Panch of \na Gram Katchahry or Mukhiya declines or otherwise r efuses to make \nand subscribe such oath or affirmation as aforesaid  shall be deemed \nto have vacated his office forthwith. If such membe r of a Panchayat, \nSarpanch or Panch of a Gram Katchahry or Mukhiya fa ils to make \nand subscribe an oath/affirmation after election an d within three \nmonths of the date on which his term of office  com mences, his seat \non the expiry of the said period shall be deemed to  have become \nvacant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1440
        },
        {
            "number": "137",
            "title": "Section 137. Election Petition",
            "chapter": null,
            "content": "(1) The election to any office of a Panchayat or a \nGram Katchahry shall not be called in question exce pt by an election \npetition as prescribed :  \nProvided that if an election to any office of a Gra m Panchayat or \nGram Katchahry is under dispute, the election petit ion shall lie before \nsuch Munsif within whose jurisdiction such Gram Pan chayat or Gram \nKatchahry is situated and if the election to any office of Panchayat Samiti \nor to a Zila Parishad is under dispute, the election petition shall lie before \nsuch sub-Judge within whose jurisdiction such Panch ayat Samiti or Zila \nParishad, as the case may be, is situated.  \n(2)   “Parties to the petition—A petitioner shall join as a respondent \nto his petition— \n(a) Where the petitioner, in addition to claiming a declaration that the \nelection  of all or any of the returned candidates is void, claims a \nfurther declaration that he himself or any other ca ndidates has \nbeen duly elected, all the contesting candidates ot her than the \npetitioner, and where no such further declaration i s claimed, all \nthe returned candidates; and \n(b) any other candidate against whom allegations of  any corrupt \npractice are made in the petition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1450
        },
        {
            "number": "138",
            "title": "Section 138. Bar to interference by Courts in electoral mat ters",
            "chapter": null,
            "content": "Not withstanding \nanything contained in this Act-  \n(a) The validity of any law relating to the delimitation of constituencies \nor the allotment of seats to such constituencies, m ade or purporting \nto be made under Article 243 K of the Constitution of India shall not \nbe called in question in any Court; \n(b) no election to any Panchayat shall be called in  question except by \nan election petition presented to the prescribed au thority under this \nAct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1460
        },
        {
            "number": "139",
            "title": "Section 139. Grounds for declaring election to be void",
            "chapter": null,
            "content": "(1) Subject to the \nprovisions of sub section (2) if the prescribed authority is of opinion - \n(a) that on the date of his election, a returned ca ndidate was not \nqualified or was disqualified, to be chosen as a me mber under \nthis Act; or  \n(b) that any corrupt practice has been committed by  a returned \ncandidate or his agent or by any other person with the consent of \na returned candidate or his agent; or  \n(c) that any nomination paper has been improperly r ejected; or  \n(d) that the result of the election, in so far as i t concerns a returned \ncandidate, has been materially affected- \n(i) by the improper acceptance of any nomination; or \n(ii) by any corrupt practice committed in the inter ests of the \nreturned candidate by an agent; or \n(iii) by the improper reception, refusal or rejecti on of any vote or reception of \nany vote which is void; or \n(iv) by any non-compliance with the provisions of this Act or of any rules \nor orders made thereunder; the prescribed authority  shall declare the election \nof the returned candidate to be void. \n(2) If in the opinion of the Prescribed Authority, any agent of a returned \ncandidate has been guilty of any corrupt practice, but the prescribed authority \nis satisfied- \n(a) that no such corrupt practice was committed at the election \nby the candidate and every such corrupt practice wa s \ncommitted contrary to the orders and without the co nsent of \nthe candidate; \n(b) that the candidate took all reasonable measures  for \npreventing the commission of corrupt practices at t he \nelection; and  \n(c) that in all other respects the election was fre e from any \ncorrupt practice on the part of the candidate or an y of his \nagent; then the Prescribed Authority may decide tha t the \nelection of the returned candidate is not void. \n(d)  \n140. Grounds on which a candidate other than the re turned candidate \nmay be declared to have been elected - (1) If any person who has filed \nan election petition has, in addition to calling in  question the election of \nthe returned candidate, claims a declaration that h e himself or any other \ncandidate has been duly elected and the Prescribed Authority is of \nopinion-  \n(a) that in fact the petitioner or such other candi date received a \nmajority of the valid votes; or \n(b)  that but for the votes obtained by the returne d candidate by \ncorrupt practices the petitioner or such other candidate would have \nobtained a majority of the valid votes, the Prescri bed Authority \nshall after declaring the election of the returned candidate to be \nvoid declare the petitioner or such other candidate , as the case \nmay be, to have been duly elected. \n(2)  The decision of the Prescribed Authority shall be final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1470
        },
        {
            "number": "141",
            "title": "Section 141. Corrupt Practices",
            "chapter": null,
            "content": "The following shall be deemed to be corrupt \npractices for the purposes of this Act- \n(i) bribery as defined in clause (1) of section 123  of the \nRepresentation of the People Act, 1951 (Central Act  48 of \n1951), for the time being in force; \n(ii) undue influences as defined in clause (2) of t he said section for \nthe time being in force; \n(iii) that appeal by a candidate or his agent or by  any other person \nwith the consent of a candidate or his agent to vot e or refrain \nfrom voting for any person on the ground of his rel igion, race, \ncaste, community or language or the use of, or appeal to religious \nsymbols or the use of, or appeal to national symbol s such as the \nnational flag or the national emblem, for the furth erance of the \nprospects of the election of that candidate or for prejudicially \naffecting the election of any candidate; \n(iv) the promotion of or attempt to promote feeling s of enmity or \nhatred between different classes of the citizens of  India on \ngrounds of religion, race, caste, community or lang uage by a \ncandidate or his agent or any other person with the  consent of a \ncandidate or his election agent for the furtherance  of the election \nof that candidate to or for prejudicially affecting  the election of \nany candidate; \n(v) the publication by a candidate or his agent or by any other person \nwith the consent of candidate or his agent of any s tatement of \nfact which is false and which he either believes to  be false or \ndoes not believe to be true in relation to the personal character or \nconduct of any candidate or in relation to the cand idature or \nwithdrawal of any candidature being statement reaso nably \ncalculated to prejudice the prospects of that candidate’s election;  \n(vi) the hiring or procuring whether on payment or otherwise, any \nvehicle or vessel by a candidate or his agent or by  any other \nperson with the consent of a candidate or his agent , or the use of \nsuch vehicle or vessel for the free conveyance of any voter (other \nthan the candidate himself, the member of his family or his agent) \nto or from any polling station provided in accordan ce with the \nrules made under this Act : \nProvided that the use of any public transport vehic le or vessel \nor railway carriage by any voter at his own cost fo r the purpose of \ngoing to or coming from any such polling station or  place fixed for the \npoll shall not be deemed to be a corrupt practice under this clause.  \nExplanation-  In this clause, the word “vehicle” means any vehic le \nused or capable of being used for the purpose of ro ad transport, \nwhether propelled by mechanical power or otherwise whether used \nfor the drawing of other vehicles or otherwise. \n(vii) the holding of any meeting at which intoxicat ing liquors are \nserved; \n(viii) the issuing of any circular, placard or post er having reference to \nthe election which does not bear the name and addre ss of the \nprinter and publisher thereof; \n(ix) any other practice which the Government may by  rule specify to be \na corrupt practice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1480
        },
        {
            "number": "142",
            "title": "Section 142. Order as to corrupt practices",
            "chapter": null,
            "content": "The corrupt practices referred to under \nthis Act shall entail disqualification for membersh ip of any local authority \nfor a period of five years counting from the date o n which the finding of \nthe prescribed authority as to such practices takes effect under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1490
        },
        {
            "number": "143",
            "title": "Section 143. Communication of orders",
            "chapter": null,
            "content": "The prescribed authority under section 142 \nof this Act shall after announcing the orders made under this Act send a \ncopy thereof to the District Magistrate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1500
        },
        {
            "number": "144",
            "title": "Section 144. Fresh election, if a seat becomes vacant",
            "chapter": null,
            "content": "If the seat of any member \nhas become vacant or is deemed to have become vacan t under this Act, a \nfresh election for the vacancy so caused shall be h eld in accordance with \nprovisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1510
        },
        {
            "number": "153",
            "title": "CHAPTER VIII - MISCELLANEOUS",
            "chapter": "CHAPTER VIII",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1520
        },
        {
            "number": "145",
            "title": "Section 145. Revision of decisions of the Committee",
            "chapter": null,
            "content": "Every Panchayat shall \nhave the power to revise or modify any decision tak en by any of its \nCommittee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1530
        },
        {
            "number": "146",
            "title": "Section 146. Power of Government to make rules",
            "chapter": null,
            "content": "(1) The Government may, \nby notification in the Official Gazette, make rules  to carry out the purposes of \nthis Act. \n (2)   Every rule made under this section shall be laid be fore each House \nof the State Legislature. \n (3)  A rule under this Act may be made with retrospective effect and \nwhen such a rule is made the reasons for making the  rule shall be specified in \na statement and laid before both Houses of the Stat e Legislature. Subject to \nany modification made under this Act, every rule ma de under this Act shall \nhave effect as if enacted in this Act.  \n (4) In making a rule under this section the Government may provide that \na person guilty of breach thereof shall, on convict ion, be punished with fine \nwhich may extend to five hundred rupees and where t he breach is a \ncontinuing one with further fine which may extend to a maximum of twenty-five \nrupees for every day on and after the first day on which the breach continues.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1540
        },
        {
            "number": "147",
            "title": "Section 147. Power of Gram Panchayats to make bye",
            "chapter": null,
            "content": "laws -(1) A Gram \nPanchayat may, subject to the provisions of this Ac t and the rules made \nthereunder and with the previous sanction of the Zila Parishad, make bye-laws \nto carry out the purposes of this Act in so far as it relates to its powers and \nduties. \n (2) In particular and without prejudice to the gen erality of the foregoing \npower, a Gram Panchayat with the previous sanction of Zila Parishad may \nmake such bye-laws as may be required to discharge the functions and duties \nentrusted to it under this Act. \n (3) In making any bye-laws under sub-sections (1) and (2) the Gram \nPanchayat may provide that a contravention thereof shall be punishable with \nsuch fine as may be prescribed. \n (4) Any such bye-law may also provide that a person contravening the \nsame shall be required to remedy so far as it lies in his power, the mischief, if \nany, caused by such contravention. \n (5) All bye-laws made under this section shall be subject to the \ncondition of previous publication and such publicat ion shall be in such manner \nas may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1550
        },
        {
            "number": "148",
            "title": "Section 148. Power of Panchayat Samiti to make regulations",
            "chapter": null,
            "content": "(1) A \nPanchayat Samiti may, subject to the provisions of this Act and the rules made \nthereunder and with the previous sanction of the Go vernment, by notification, \nmake regulations to carry out the purposes of this Act, in so far as it relates to \nits powers and duties.  \n(2) The regulations made under sub-section (1) shal l be subject to the \ncondition of previous publication and such publication shall be in such \nmanner as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1560
        },
        {
            "number": "149",
            "title": "Section 149. Power of Zila Parishad to make regulations",
            "chapter": null,
            "content": "(1) A Zila Parishad \nmay, subject to the provisions of this Act and the rules made thereunder and \nwith the previous sanction of the Government, by no tification, make \nregulations to carry out the purposes of this Act i n so far as it relates to its \npowers and duties. \n (2) The regulations made under sub-section (1) shall be subject to the \ncondition of previous publication and such publicat ion shall be in such manner \nas may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1570
        },
        {
            "number": "150",
            "title": "Section 150. Power of Government to make model regulations",
            "chapter": null,
            "content": "(1) The \nGovernment may, subject to the provisions of this A ct and the rules made \nthereunder and after previous publication of the dr aft for a period it deems \nproper, make model regulations and bye-laws for Gra m Panchayats, \nPanchayat Samitis and Zila Parishads. \n(2) A Gram Panchayat, Panchayat Samiti or Zila Pari shad may, by \nresolution, adopt the model bye-laws or regulations , as the case may \nbe, made under sub-section (1) and such bye-laws an d regulations \nshall come into force within the jurisdiction of th e Gram Panchayat, \nPanchayat Samiti or Zila Parishad from such date as  the Gram \nPanchayat, Panchayat Samiti or Zila Parishad, as th e case may be, \nmay specify in a notice published in the prescribed manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1580
        },
        {
            "number": "151",
            "title": "Section 151. Power of Government to dissolve and reconstitu te Panchayats",
            "chapter": null,
            "content": "when the limits of Panchayat areas are altered - (1) When on account \nof the reason that the limits of a Panchayat area a re altered, the \nGovernment may by order published in the Official G azette dissolve such \nPanchayat, from a date specified in the order, and direct that the Gram \nPanchayat, Panchayat Samiti or Zila Parishad concerned - \n(i) be reconstituted for the Panchayat area of whic h the Gram \nPanchayat or Block of which Panchayat Samiti or the  District of \nwhich Zila Parishad has been dissolved ; or  \n(ii) be established for a Panchayat area, Block or District which has \nbeen newly constituted. \n(2) The Members of that Gram Panchayat, Panchayat S amiti or Zila \nParishad, which has been dissolved under sub-section(1) shall vacate \ntheir offices from the date specified in the order of the Government. \n(3) The Gram Panchayat, Panchayat samiti or Zila Pa rishad reconstituted \nor established under the provisions of sub-section( 1) shall consist of \nmembers nominated by the Government and such member s shall, as \nfar as practicable, be persons who were members of the Gram \nPanchayat, Panchayat Samiti or Zila Parishad which has been \ndissolved under sub-section (1). \n(4) The Pramukh of Panchayat Samiti or Adhayaksha o f Zila Parishad \nshall be elected in the manner provided in this Act . The Mukhiya of \nsuch Gram Panchayat shall be elected from amongst the members of \nGram Panchayat nominated by the Government under pr ovision of \nsub-section (3) \n(5) The term of the Gram Panchayat, Panchayat Samit i or Zila Parishad \nso reconstituted or established shall be for such p eriod not exceeding \nsix months as the Government may by order specify. \n(6) Before the expiry of the term of the Gram Panch ayat, Panchayat \nSamiti or Zila Parishad constituted under sub-secti on (5), every Gram \nPanchayat or Panchayat Samiti or Zila Parishad shal l be constituted \nin the manner as provided by this Act : \nProvided that where the remainder of the period for  which the \ndissolved Gram Panchayat, Panchayat Samiti or Zila Parishad would \nhave continued is less than six months it shall not  be necessary to \nhold an election under this section for constituting a Gram Panchayat, \nPanchayat Samiti or Zila Parishad for such period. \n(7) A Gram Panchayat, Panchayat Samiti or Zila Pari shad constituted \nunder sub-section (6) shall continue only for the r emainder of the \nperiod for which the dissolved Gram Panchayat, Panc hayat Samiti or \nZila Parishad would have continued had it not been so dissolved. \n(8) When a Gram Panchayat, Panchayat Samiti or Zila  Parishad has \nbeen dissolved and reconstituted or established und er this section, \nsuch of the Gram Panchayat, Panchayat Samiti  or Zila Parishad fund \nand other property vested in the Gram Panchayat, Pa nchayat Samiti \nor Zila Parishad which has been dissolved shall ves t in and such \nportion of the debts and obligations shall be trans ferred to the Gram \nPanchayat, Panchayat Samiti or Zila Parishad recons tituted or \nestablished under this section as the Government ma y, by order in \nwriting, direct. \n(9) The rights and liabilities of the Gram Panchaya t, Panchayat Samiti or \nZila Parishad which has been dissolved in respect of civil and criminal \nproceedings, contracts, agreements and other matter s or things \narising in and relating to any part of the area sub ject to the authority \nof the Gram Panchayat, Panchayat Samiti or Zila Par ishad \nreconstituted or established shall vest in such Gra m Panchayat, \nPanchayat Samiti or Zila Parishad. \n(10) Any appointment, notification, notice, tax, or der, scheme, license, \npermission, rule, regulation or form made, issued, imposed or granted \nby the Gram Panchayat, Panchayat Samiti or Zila Parishad which has \nbeen dissolved in respect of any part of area subje ct to the authority \nof the Gram Panchayat, Panchayat Samiti or Zila Par ishad will \ncontinue unless and until it is suspended by any ap pointment, \nnotification, notice, form, order, scheme, license,  permission, rule, \nregulation or form, made, issued, imposed or grante d by such \nreconstituted Gram Panchayat, Panchayat Samiti or Zila Parishad. \n(11) If any difficulty arises in giving effect to t he provisions of the \npreceding sub-sections, the Government may by order  published in \nthe Official Gazette, as the occasion may require, do anything which \nappears to be necessary to remove the difficulty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1590
        },
        {
            "number": "152",
            "title": "Section 152. Inquiry into the affairs of the Panchayats",
            "chapter": null,
            "content": "(1) The Government may, \nat any time, by a general or special order, cause a n inquiry to be made \nby Government officers in regard to any matters wit h respect to which \nthe sanction, approval, consent or orders of the Go vernment or the \nCommissioner is required under this Act. \n(2) The Officer holding such inquiry shall have the  powers of the Civil \nCourt under the Code of Civil Procedure, 1908 to ta ke evidence and \nto compel attendance of witnesses and production of  documents for \nthe purpose of the inquiry. \n(3) The Government or the Commissioner may make ord ers as to the \ncost of inquiries made under sub-section (1) and as  to the parties by \nwhom and the funds out of which they shall be paid and such order \nmay, on the application of the Commissioner or of a ny person named \ntherein, be executed as if it were a decree of a Civil Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1600
        },
        {
            "number": "153",
            "title": "Section 153. Inspection of the offices of Panchayats and rec ords and accounts",
            "chapter": null,
            "content": "thereof -  The Government may prescribe appropriate officials  to inspect \nthe offices of different levels of Panchayats inclu ding their records and \naccounts at regular intervals. A copy of the inspec tion note shall be \nforwarded to the concerned Panchayat which who shal l either remedy the \ndefects or irregularities which may be have been po inted out in the \ninspection note within two months of its receipt or supply such explanation \nto the prescribed authority in regard to such defec ts or irregularities as it \nmay wish to give. Copies of such inspection note sh all also be forwarded \nto such other authorities as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1610
        },
        {
            "number": "154",
            "title": "Section 154. Power of revision and review by Government",
            "chapter": null,
            "content": "(1) The State \nGovernment may, either of its own motion or on an a pplication from any \nperson interested, call for and examine the records  of a Panchayat or of a \nStanding Committee thereof in respect of any procee dings to satisfy itself \nas to the correctness, legality or propriety of any  decision(s) or order(s) \npassed therein or as to the regularity of such proc eedings and, if in any \ncase, it appears to the State Government that any s uch decision or order \nshould be modified, annulled, reversed or remitted for reconsideration, it \nmay pass the order accordingly : \nProvided that the State Government shall not pass a ny order \nprejudicial to any party unless such party has had a reasonable \nopportunity of being heard in the matter. \n(2) The State Government may stay the execution of any such decision \nor order(s) prejudicial to any party, pending the e xercise of its powers \nunder sub-section (1) in respect thereof. \n(3) The State Government may, of its own motion or on an application \nreceived from any person interested, at any time wi thin ninety days of \nthe passing of an order/orders under sub-section (1 ) review any such \norder(s) if it was passed by it by mistake, whether  of fact or of law or \nin ignorance of any material fact. The provisions c ontained in the \nproviso to sub-section (1) and in sub-section (2) s hall also apply to a \nproceeding under this sub-section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1620
        },
        {
            "number": "155",
            "title": "Section 155. Inspection of development schemes",
            "chapter": null,
            "content": "(1) For the purpose of efficient \nand economical execution of any works or developmen t schemes \nundertaken by a Panchayat, if an Officer or person authorized by or \nunder any general or special order of the Governmen t considers it \nnecessary for that purpose to give technical guidan ce or assistance to \nany officer of or under the Panchayat who is charge d with the execution \nor maintenance of any such works or development sch eme, then the \nofficer or person so authorized may inspect such wo rks or development \nschemes and give such guidance, assistance or advic e as he thinks \nnecessary in relation to such works or development schemes and shall \nforward to the Panchayat a report on the inspection  made pointing out \ntherein any irregularities noticed and his suggestions for improvement. \n(2)  In implementing the plans or schemes the rules  of implementation \napplicable to Government departments such as for pu rchase, \ntender, quality control, technical sanctions, accou nts and audit and \nsupervision shall mutatis mutandis be applicable to  the extent and \ntill such time as separate rules are not made for P anchayats in this \nregard.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1630
        },
        {
            "number": "156",
            "title": "Section 156. Directions from Government",
            "chapter": null,
            "content": "(1) Notwithstanding anything contained \nin this Act, it shall be lawful for the Government to issue directions to any \nPanchayat in matters relating to state and national  policies, government \nprogrammes and any other matter of public importanc e and such \ndirections shall be binding on the Panchayat. \n(2) The Government may- \n(a) call for any record or register or other docume nt in possession or \nunder the control of any Panchayat; \n(b) require any Panchayat to furnish any return, pl an, estimate, \nstatement, account or statistics, and, \n(c) require any Panchayat to furnish any informatio n or report on any \nmatter related/connected with such Panchayat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1640
        },
        {
            "number": "157",
            "title": "Section 157. Power of  the District Magistrate with regard to co nduct of special",
            "chapter": null,
            "content": "meetings called to consider no confidence motion — If the District \nMagistrate suo motu or upon information being recie ved from any \nsource, is of the opinion that any irregularity or mistake is being \ncommitted so far as provisions related to conduct o f any special meeting \nof a Panchayat to consider a no confidence motion i s concerned, he \nshall have the power to issue such directions as co nsidered necessary \nfor complying with the provisions of the Act in tha t regard. He may also \ndepute any officer to be present in such a meeting and to call for a report \nfrom such officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1650
        },
        {
            "number": "158",
            "title": "Section 158. Withdrawal of powers and functions from the Pa nchayats",
            "chapter": null,
            "content": "(1) \nNotwithstanding the transfer of any power, function s and duties in \nrespect of any matter to a Panchayat under this Act , the Government on \na proposal from the Panchayat in that behalf or whe re it is satisfied that \nby reason of a change in the nature of the matter, such as the \nconversion of a primary health center into a second ary health center or \nhospital or the conversion of a seed multiplication  farm into an \nagricultural research farm or a road becoming a par t of a highway, the \nmatter would cease to be a matter on the relevant P anchayat Functions \nList and if it is deemed to be necessary to withdra w from the Panchayat \nthe powers, functions or duties in respect of such matter, may, by \nnotification in the Official Gazette, withdraw such  powers, functions and \nduties with effect from the date specified in the n otification and make \nsuch incidental and consequential orders as may be necessary to \nprovide for matters including the taking over of th e property, rights and \nliabilities, if any, vesting in the Panchayat and o f the staff, if any, which \nmay have been transferred to the Panchayat as the case may be. \n(2) The Government may, by notification in the Official Gazette amend or \nadd any activity, programme or scheme assigned to a  Panchayat \nunder this Act. On the issue of such notification, the relevant \nPanchayat Functions List shall be deemed to have be en amended \naccordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1660
        },
        {
            "number": "159",
            "title": "Section 159. Power of Zila Parishad to suspend the executio n of order(s) etc. of",
            "chapter": null,
            "content": "Gram Panchayat - (1) If in the opinion of the Zila Parishad, the \nexecution of any order or resolution of a Gram Panchayat or any order of \nany authority or officer of a Gram Panchayat or any  thing which is about \nto be done, or is being done, by or on behalf of a Gram Panchayat is \nunjust, unlawful or improper or is likely to cause injury or annoyance to \nthe public or lead to a breach of peace, it may, by  order suspend the \nexecution or prohibit the doing thereof. \n(2) When the Zila Parishad makes an order under sub-section(1) it shall \nforthwith forward to the Government and to the Gram  Panchayat \naffected thereby, a copy of the order with a statement of the reasons \nfor making it, and it shall be the discretion of th e Government to \nconfirm or rescind the order or to direct that that  the same shall \ncontinue to be in force with or without modificatio n, permanently or \nfor such period as the Government thinks fit : \nProvided that no order of the Zila Parishad passed under this \nsection shall be confirmed, revised or modified by the Government \nwithout giving the Gram Panchayat reasonable opport unity of showing \ncause against the said order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1670
        },
        {
            "number": "160",
            "title": "Section 160. Dissolution of Panchayats",
            "chapter": null,
            "content": "(1) If, in the opinion of the Zila Parishad or \nthe Government, a Gram Panchayat exceeds or abuses its powers or is \nnot competent to perform or makes persistent default in the performance \nof the duties imposed on it under this Act or by any other law for the time \nbeing in force, the Zila Parishad or the Government  as the case be, may \nby order published in the Official Gazette dissolve  such Gram \nPanchayat. \n(2) If in the opinion of the Government, a Panchayat Samiti or a Zila \nParishad exceeds or abuses its powers or is not com petent to \nperform or makes persistent default in the performa nce of the duties \nimposed on it under this Act or by any other law for the time being in \nforce, the Government may, by an order published in  the Official \nGazette, dissolve such Panchayat Samiti or Zila Par ishad, as the \ncase may be. \n(3) Before publishing an order under sub-section (1 ) or sub-section(2), \nthe Zila Parishad or the Government shall communicate to the Gram \nPanchayat or the Panchayat Samiti or the Zila Parishad, as the case \nmay be, the grounds on which it proposes to do so, fix a reasonable \nperiod for the Panchayat concerned to show-cause ag ainst the \nproposal and consider its explanations and objections, if any. \n(4) When a Gram Panchayat or Panchayat Samiti or Zi la Parishad is \ndissolved all the members of the Gram Panchayat or Panchayat \nSamiti or Zila Parishad shall, from the date specif ied in the order, \nvacate their offices as its members. \n(5) If a Gram Panchayat or Panchayat Samiti or Zila  Parishad is \ndissolved- \n(a) all the powers and duties of the Gram Panchayat  or Panchayat \nSamiti or Zila Parishad shall, during the period of  its dissolution \nbe exercised and performed by such person or person s as the \nZila Parishad or the Government, as the case may be , may \nfrom time to time, appoint in this behalf; \n(b) all property vested in the Gram Panchayat or Pa nchayat Samiti \nor Zila Parished shall during the period of dissolu tion vest in the \nZila Parishad or the Government, as the case may be; and \n(c) the persons vacating office on dissolution shal l be eligible for \nre-election or re-nomination.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1680
        },
        {
            "number": "161",
            "title": "Section 161. Creation of District Panchayat Service Cadre",
            "chapter": null,
            "content": "The Zila Parishad may constitute such cadre of empl oyees on such terms \nand conditions as may be prescribed by the State Go vernment. The \nmembers of such cadre may be transferable within th e Panchayats of that \ndistrict.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1690
        },
        {
            "number": "162",
            "title": "Section 162. Power of Panchayat over the employees",
            "chapter": null,
            "content": "(1) The Mukhiya of Gram \nPanchayat, Executive Officers of the Panchayat Sami ti and the Chief \nExecutive Officer of the Zila Parishad shall exerci se general control over \nall officers and employees appointed / engaged by t he respective \nPanchayats. \n(2)  The officers mentioned in sub section (1) may award any \npunishment, other than dismissal, removal or reduct ion in rank to \nsuch officer or employee of the Panchayat. \n(3) The officer mentioned in sub section (1) may re commend the \ndismissal, removal or reduction in rank of such off icer or employee \nof the Panchayat and submit recommendation to the c oncerned \nPanchayat and the Panchayat may dismiss, remove or demote such \nofficer or employee in accordance with the rules ma de in  this \nbehalf. \n(4) No officer or employee of the Panchayat shall b e punished by the \nPanchayat without giving an opportunity of being heard.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1700
        },
        {
            "number": "163",
            "title": "Section 163. Appeal",
            "chapter": null,
            "content": "(1)  In respect to orders passed under sub-section  (2)  of \nsection 162, the appeal shall lie with the respective Panchayat . \n(2) In respect to orders passed under sub-section ( 3) of section 162 the \nappeal against the orders of the Gram Panchayat and  the Panchayat \nSamiti shall lie with the District Magistrate or such other authority as may \nbe prescribed and the appeal against the orders of Zila Parishad shall lie \nwith the concerned Commissioner or such other autho rities as may be \nprescribed. \n(3) Such appeal may be filed in the prescribed mann er in within ninety \ndays of the order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1710
        },
        {
            "number": "164",
            "title": "Section 164. Powers and functions of the employees of Panch ayat",
            "chapter": null,
            "content": "Subject to \nthe provisions of the Act, the rules framed thereunder and to any general \nor special direction given by the State Government in that respect, the \nofficers and employees employed by the Panchayat an d the officer and \nemployees whose services have been placed at the di sposal of the \nPanchayat by the State Government shall exercise su ch powers, \nperform such functions and discharge such duties, a s the Panchayat \nmay determine.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1720
        },
        {
            "number": "165",
            "title": "Section 165. Administrative control of Panchayat over proje cts, schemes etc.",
            "chapter": null,
            "content": "(1) Subject to any general or special order of the State Government \nnotified in the Official Gazette the function and a dministrative control of \nall State Government institutions, projects, scheme s and offices located \nwithin the Gram Panchayat shall vest in the Gram Panchayat. \n(2) When such institutions, projects, schemes and o ffices serve the \njurisdiction beyond one Gram Panchayat, the functio n and \nadministrative control over that institution shall vest with the \nconcerned Panchayat Samiti. \n(3) Where the institution, projects, schemes and of fices serve the area \nbeyond that of a Panchayat Samiti, the function and  administrative \ncontrol over that institution shall vest in the Zila Parishad. \nIllustration-(i) Functional and administrative cont rol over Primary, Middle \nand Secondary Schools, Health Sub Centres, Charwaha  Vidyalayas, \nHand Pumps, Irrigation, Tube wells etc. serving the  people of the Gram \nPanchayat shall vest in the Gram Panchayat. \n(ii) The functional and administrative control over the Primary Health \nCentre, which serves more than one Gram Panchayat s hall vest in the \nconcerned Panchayat Samiti. \n(iii) The functional and administrative control over Referral Hospital \nwhich serves more than one block shall vest in the Zila Parishad. \n(iv) Disciplinary and administrative control over o fficers and employees of \nthe State Government working in such institutions, projects, schemes \nand offices, other than dismissal, removal or reduc tion in rank, shall vest \nin the respective Panchayat including the power of suspension.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1730
        },
        {
            "number": "166",
            "title": "Section 166. Preparation of Development Plans",
            "chapter": null,
            "content": "(1) Every Gram Panchayat shall \nprepare every year a development plan and submit it  to the Panchayat \nSamiti before such date and in such form as may be prescribed. \n(2)  Every Panchayat Samiti shall prepare every yea r a development \nplan for its area after including the development p lans, of the \nconcerned Gram Panchayats and submit it to the Zila  Parishad \nbefore such date and in such form as may be prescribed. \n(3) Every Zila Parishad shall prepare every year a development plan of \nthe district after including the development plans of the concerned \nPanchayat Samitis and submit it to the District Pla nning Committee \nconstituted under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1740
        },
        {
            "number": "167",
            "title": "Section 167. District Planning Committee",
            "chapter": null,
            "content": "(1) The Government shall constitute in \nevery district a District Planning Committee to con solidate the plans \nprepared by the Panchayats and Municipalities in th e district and to \nprepare a draft development plan for the district as a whole. \n(2)  The District Planning Committee shall consist of: \n(a) Adhyaksha of the Zila Parishad;           \n(b) Mayor or President of the Municipality having jurisdiction over \nthe headquarters of the District;         \n(c) Such number of persons not less than four-fifth  of the total \nnumber of members of the Committee as may be specif ied by \nthe Government, elected in the prescribed manner fr om \namongst the members of the Panchayats and Municipal ities in \nthe district, in proportion to the ratio between th e population of \nthe rural areas and of the urban areas in the distr ict under the \ndirection, control and supervision of the State Ele ction \nCommission :  \nProvided that as nearly as practicable, fifty perce nt of such elected \nmembers shall be women;  \nProvided further that if there is no elected member  from the \nScheduled Castes, Scheduled Tribes or Backward Clas ses categories, \nthe Government may nominate such number of members from \nScheduled Castes, Scheduled Tribes or Backward Clas ses catetgories \nas it deems fit from amongst the members of the Pan chayats and \nMunicipalities in the district. \n(3)  Members of the Lok Sabha who represent the whole or part of the \ndistrict, the members of the Rajya Sabha who are re gistered as \nelectors in the district, all the members of the St ate Legislative \nAssembly whose constituencies lie within the distri ct, the members \nof the State Legislative Council who are registered as electors in the \ndistrict and the District Magistrate and the Chairm an of the District \nCo-operative Bank/Land Development Bank shall be pe rmanent \ninvitees of the Committee. \n(4) The Chief Executive Officer shall be the Secret ary of the Committee. \n(5) The Adhyaksha of the Zila Parishad shall be the  Chairman of the \nDistrict Planning Committee. \n(6) The District Planning Committee shall consolida te the plans \nprepared by the Panchayats and Municipalities in th e district and \nprepare a draft development plan for the district as a whole. \n(7) Every District Planning Committee shall in prep aring the draft \ndevelopment plan- \n(a) have regard to, \n(i) the matters of common interest between the Zila Parishad, \nPanchayat Samitis, Gram Panchayats, Nagar Panchayat s, \nMunicipal Councils and the Municipal Corporations i n the \ndistrict including local planning, sharing of water  and other \nphysical and natural resource, the integrated devel opment of \ninfrastructure and environmental conservation. \n(ii)  the extent and type of available resources wh ether financial or \notherwise. \n(b) consult such institutions and organizations as the Government \nmay by order specify. \n(8) The Chairman of every District Planning Committ ee shall forward \nthe development plan, as recommended by such Commit tee to the \nGovernment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1750
        },
        {
            "number": "168",
            "title": "Section 168. Finance Commission for Panchayats",
            "chapter": null,
            "content": "(1)The Government shall as \nsoon as may be from the commencement of this Act an d thereafter on \nthe expiration of every fifth year constitute a Fin ance Commission to \nreview the financial position of the Zila Parishads , Panchayat Samitis \nand Gram Panchayats and to make recommendations to the \nGovernment with regard to- \n(a)  the principles which should govern \n(i) the distribution between the State and the Zila  Parishads, \nPanchayat Samitis and Gram Panchayats of the net pr oceeds \nof the taxes, duties and fees livable by the Govern ment which \nmay be divided between them and allocation between the Zila \nParishads, Panchayat Samitis and Gram Panchayats of  their \nrespective shares of such proceeds; \n(ii)  the determination of the taxes, duties and fe es which may \nbe assigned to or appropriated by the Zila Parishad s, \nPanchayat Samitis and Gram Panchayats; \n(iii) the grants-in-aid to Zila Parishads, Panchaya t Samitis and \nGram Panchayats from the Consolidated Fund of the State; \n(b) the measures needed to improve the financial po sition of the Zila \nParishads, Panchayat Samitis and Gram Panchayats;  \n(c) any other matter referred to the Finance Commis sion by the \nGovernor in the interest of sound finance of the Zi la Parishads, \nPanchayat Samitis and Gram Panchayats. \n(2) The Finance Commission shall consist of a Chair man and two other \nmembers. \n(3) The Chairman and members of the Finance Commiss ion shall \npossess such qualification and shall be appointed i n such manner \nas may be prescribed. \n(4) The Finance Commission shall determine its own procedure. \n(5) The Chairman or a member of the Finance Commiss ion may resign \nhis office by writing under his hand and addressed to the Finance \nSecretary to the Government, but he shall continue in office until his \nresignation is accepted by the Government. \n(6) The casual vacancy created by the resignation o f the member or \nChairman under sub-section(5) or for any other reason may be filled \nby fresh appointment and a member or Chairman so appointed shall \nhold office for the remaining period for which the member or \nChairman in whose place he was appointed, would hav e held his \noffice. \n(7) The Commission shall have the following powers in the performance \nof its functions namely:-  \n(a) to call for any record from any officer or authority; \n(b) to summon any person to give evidence or to pro duce records, \nand \n(c) such other powers as may be prescribed. \n(8) The Government shall cause every recommendation  made by the \nFinance Commission under this section, together wit h an \nexplanatory memorandum as to the action taken there on to be laid \nbefore both the Houses of the State Legislature.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1760
        },
        {
            "number": "169",
            "title": "Section 169. Annual Administrative Report",
            "chapter": null,
            "content": "(1) As soon as may be after the first \nday of April in every year and not later than such date as may be fixed \nby the Government, the Panchayat Secretary shall pl ace before the \nGram Panchayat a report of the administration of th e Gram Panchayat \nduring the preceding year in such form and with suc h details as the \nGovernment may direct and shall forward the report with the resolution \nof the Gram Panchayat thereon to the Zila Parishad.\n(2) As soon as may be after the first day of April in every year and not \nlater than such date as may be fixed by the Governm ent, the \nExecutive Officer shall place before the Panchayat Samiti a report of \nthe administration of the Panchayat Samiti during t he preceding \nyear in such form and with such details as the Gove rnment may \ndirect and shall forward the report with the resolu tion of the \nPanchayat Samiti thereon to the Zila Parishad. \n(3) Zila Parishad shall on receipt of the reports u nder sub-section (1) \nand (2) review the working of the Gram Panchayats a nd Panchayat \nSamitis and shall submit a consolidated report in t his behalf to the \nGovernment. \n(4) As soon as may be after the first day of April in every year and not \nlater than such date as may be fixed by the Governm ent, the Chief \nExecutive Officer of the Zila Parishad shall prepar e a report on the \nadministration of the Zila Parishad during the preceding year in such \nform and with such details as the Government may di rect and \nsubmit the report to the Zila Parishad. After appro val by the Zila \nParishad the report shall be submitted to the Government.  \n(5) The report submitted to the Government under su b-sections (3) and \n(4) shall together with a memorandum by the Governm ent reviewing \nthe working of the Gram Panchayats, Panchyat Samiti  and Zila \nParishad be laid before both Houses of the State Legislature.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1770
        },
        {
            "number": "170",
            "title": "Section 170. Public Servant",
            "chapter": null,
            "content": "All members, officers and employees of the Gram \nPanchayat, Panchayat Samiti and Zila Parishad shall  be deemed, when \nacting or purporting to act in pursuance of the discharge of their duties, or \nin the exercise of their powers under this Act or u nder the rules  or bye- \nlaws made thereunder, to be public servants within the meaning of \nsection 21 of the Indian Penal Code, 1860 (Central Act, 45 of 1860)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1780
        },
        {
            "number": "171",
            "title": "Section 171. Repeal and savings",
            "chapter": null,
            "content": "The Bihar Panchayat Raj Act, 1993 (Bihar Act 19, \n1993) as amended from time to time is hereby repealed,  \nProvided that such repeal shall not affect- \na. the previous operations of the said enactments o r anything duly done \nor suffered thereunder; or  \nb. any right, privilege, obligation or liability ac quired, accrued or incurred \nunder the said enactments; or  \nc. any penalty, forfeiture or punishment incurred i n respect of any \noffence committed against the said enactments; or \nd. any investigation, legal proceeding or remedy in  respect of such \nright, privilege, obligation. liability, forfeiture  or punishment as \naforesaid, and any such investigation, legal procee ding or remedy \nthat have been instituted, continued or enforced, a nd any such \npenalty, forfeiture or punishment that might have b een imposed, as if \nthis Act has not been promugalated. \n(e) Notwithstanding such repeal, anything done or a ny action taken in \nexercise of any power conferred by or under the sai d Act shall be \ndeemed to have been done or taken in exercise of th e powers \nconferred by or under this Act, as if this Act were  in force on the day \non which such things or action was done or taken. \n(f) Notwithstanding such repeal the Gram Panchayats , Panchayat \nSamiti and Zila Parishads, which were validly const ituted under the \nrepealed Act, shall continue to function till the c onstitution and the \nfirst meeting of Gram Panchayats, Panchayat Samiti and Zila \nParishads under this Act. \n(g) Notwithstanding such repeal all rules made unde r the repealed Bihar \nPanchayat Raj Act, 1993 shall continue to be operat ive till replaced \nby fresh rules made under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1790
        },
        {
            "number": "172",
            "title": "Section 172. Removal of difficulties",
            "chapter": null,
            "content": "If any difficulty arises in giving effect to the \nprovisions of this Act, the Government, may by orde r, published in the \nOfficial Gazette, as the occasion may require, do a nything which \nappears to it to be necessary to remove the difficulty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1800
        },
        {
            "number": "173",
            "title": "Section 173. Repeal and Saving",
            "chapter": null,
            "content": "(1) The Bihar Panchayat Ra j Ordinance, 2006 \r\n(Bihar Ordinance no. 1, 2006) is hereby repealed. \r\n (2) Notwithstanding such repeal any thing done or any action taken in \r\nexercise of any power conferred by, or under the sa id ordinance shall be \r\ndeemed to have been done or taken in exercise of th e powers conferred by or \r\nunder this Act as if this Act inforce on the day on which such thing was done or \r\naction taken.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1810
        }
    ],
    "metadata": {
        "Act ID": "200606",
        "Act Number": "6",
        "Enactment Date": "2006-04-08",
        "Act Year": "2006",
        "Short Title": "THE BIHAR PANCHAYAT RAJ ACT, 2006",
        "Department": "Bihar Legislative Assembly",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:52:20"
}