LexThe ARUNACHAL PRADESH PANCHAYAT RAJ ACT, 1997
Arunachal Pradesh · state statute
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THEARUNACHAL PRADESH PANCHAYAT RAJ ACT, 1997 (ACT NO. 5 OF 2001)
[Assented by the President on .. ~\!.2ft-~~ · J '3. o 3. 2,.0 e 1
*las amended in in 2002 by the Arunachal Pradesh·Panchayat Raj (Amendment )Act,2002,(Act no 6 of20021
Assented by the Governor on and coming into force from 25'11 June 2002}1Publishcd in AP EOG NO Ill Vol XII Dul
I 7.10.2002
**las amended in in 2003 by the Arunachal Pradesh Panchayat Raj {Amendment )Act,2003,{Act no I of20031
Assented by the Governor on 22-3-2003 and coming into force from 25'11 June 2002}1Published in AP EOG NO 196 Vol
XII Dtcl 24.3.2002
***las amended in in 2015 by the Arunachal Pradesh·Panchayat Raj {Amendment )Act,2015,(Act no lof20151
I Assented by Governor on 3.03.2015}1Publishccl in AP EOG NO 70 Vol Xxll Dtcl 16.3.20151
*****las amended in in 2018 by the Arunachal Pradesh·Panchayat Raj (Amendment )Act,2018,(Act no 6 of
2018] [Assented by Governor on 1.05.2018}[Published in AP EOG NO 148 Vol XXV Dtd 21.4.20181
AN
ACT
to replace the North East Frontier Agency Panchayat Raj Regulation, 1967 (Regulation No. 3 of 1967)
relating to Panchayats by a comprehensive law.
BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Forty eighth year of the
Republic of India as follows : .-
Short title extent and commencement
1. (I) This Act may be called the ARUNACHAL PRADESH PAN CHAY AT RAJ ACT, 1997:
(2). lt extent to the whole of the Arunachal Pradesh.
(3). It shall come into force on such date as the Government may by notification, appoint, and
different dates may be appointed for different provisions of this Act and for different areas.
Definitions
2.ln this Act,. unless the context otherwise, requires
(i) Additional Deputy Commissioner' means the Additional Deputy Commissioner
attached to the establishment of the Deputy Commissioner of a district;
Adult' means a person, male or female,who has completed his or her 18 years
on the I st January of the year in which the election takes place ;
[*];
[*];
Casual vacancy' means a vacancy occurring otherwise than by efflux of
time:
Circle Officer' means a Circle Officer-in charge of a Circle ;
'Deputy Commissioner' means the Deputy Commissioner of a District ;
District' means a district of the State of Arunachal Pradesh;
[*]
Government' means the Government of Arunachal Pradesh ;
'Governor' means the Governor of Arunachal Pradesh;
'Gram. Panchayat' means a Gram Panchayat constituted under Section 1 O;
'Gram Sabha' means a body consisting of persons registered in the Electoral Rolls
relating to a village comprised within the area of Gram Panchayat ;
'Notification' means a notification published in the Arunachal Pradesh Gazette ;
'Prescribed' means prescribed by rules made under this Act;
'Presiding Officer' means an officer appointed by the Deputy Commissioner to
conduct the election under this Act ;
(xvi) 'Village' means an area recognised to be a village at the commencement of this Act
and includes any area which the Government may, by notification, declare to be a
village;
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xii)
(xiv)
(xv)
(xv)
(xvii) Zilla Parishad' means a Zilla Parishad constituted under Section 85
...................... "' .
[*].deleted by Act 6 of 2018.s.2(w.e.f. 21/4/2018)
CHAPTER-II
GRAM SABHA
Gram Sabha.
3.Subject to general orders of the Government the Gram Sabha shall meet from time to time but six
months shall not intervene between any two meetings.
Agenda.
4.The Gram Panchayat shall prepare the agenda for discussion of the Gram Sabha and such
matters shall relate to the following, namely :-
( a) the annual statement of accounts of the Gram Panchayat,
(b) the report of administration of the preceding financial year and the last audit note and
replies if any,made thereto ;
( c) the report in respect of development programmes of the Gram Panchayat relating
to the preceding year and development programmes proposed to be undertaken during the
current year.
Resolution.
5.Any resolution relating to the functions entrusted to the Gram Sabha under section 6, shall
have to be passed by a majority of votes of the members present and voting in the meeting of the
Gram Sabha.
Functions of Gram Sabha
6.A Gram Sabha shall exercise the lollowing functions, namely:-
(a) rendering assistance in the implementation of development schemes pertaining
to the village :
(b) identification, of beneficiaries for the implementation of development schemes pertaining
to the village
Provided that in case the Gram Sabha fails to identify the beneficiaries within a reasonable
time the Gram Panchayat can identify the beneficiaries.
(c) mobilising voluntary labour and contributions in kind or cash or both for the
community welfare· programmes ;
(d) to promote adult education and family welfare within the village;
(e) promotion of unity and harmony among all sections of society in the village;
(f) such other matters as may be prescribed.
Gram Sabha Meeting.
7.Every meeting of Gram Sabha shall be presided over by the Chairperson of the concerned
Gram Panchayat and in his absence by a member of the Gram Panchayat to be chosen from amongst
the members of the Panchayat.
Quorum
8.(a) The quorum for a meeting of the Gram Sabha shall be one-tenth of its. total membership.
(b) If at the time appointed for the meeting a quorum is not present, the person presiding shall
wait for thirty minutes, and if within such period, there is no quorum, the person presiding shall
adjourn the meeting to the same time on the same day in the following week. He shall similarly,
after waiting for thirty minutes, adjourn the meeting· if at any time after it has begun, attention is
drawn to the want of a quorum: A notice of the meeting so fixed shall be pasted in the office of the
Gram Panchayat. The business which could not be considered at the meeting so· postponed for want
of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent
adjourned meeting at which there is a quorum.
•
CHAPTER-III
GRAM PANCHAYAT
Declaration of Panchayat area and establishment of Gram Panchayat
9.( I) Subject to the general. or special order of the Government, the Deputy Commissioner may, if,
in his opinion it inexpedient to declare any area comprising a Village.' Or group Of villages having a
population of not less than three hundred to be a Panchayat area; after previous publication, declare
such area as ·a Panchayat area for the purposes ofthis Act:
Provided that the Deputy Commissioner may, with the previous approval of the Government,
declare any area comprising a village or group of villages having a population of less than three
hundred. as special cases, as Panchayat area for the purposes of this Act.
(2) Subject to the provisions of this Act, the Deputy Commissioner may, at the request of the
Gram Panchayat concerned - .
(i) increase the area of any Panchayat area by including within such Panchayat area,
any village or group of villages;
(ii) diminish area of any Panchayat area by excluding from such Panchayat area,
any village or group of villages;
(iii) alter the name of any Panchayat area :
or
(iv).declare that any area ceases to be a Panchayat area.
(3) There shall be established a Gram Panchayat in every Panchayat area declared as such
under this section.
1
[Provided that the State Government may review the size of the population for determining
the area of Gram Panchayats from time to time]
1[inserted by Act 6 of 2018.s.3(w.c.f. 21/4/2018)]
Constitution of Gram PanchaW.:
I 0. * [(l) The Gram Panchayat shall consist of such number of elected Members as may be notified
from time to time by the Deputy Commissioner, at the rate of one member for every hundred
population:
Provided that in case the population is less than one hundred and more than fifty than one
member can be elected to represent that particular village:
Provided that in case the population the population is more than one hundred fifty but less
than three hundred in a particular village or the group of villages, the number may be increased to two
members.
[*Substituted by Act 6 of 2002.s.2 (w.e.f. 25/6/2002)]
(2)The election of Gram Panchayat shall be held by ballot[**] in accordance with such rules as may
be prescribed.
**[.Deleted by Act 6 of 2002.s.2(a) (w.e.f. 25/6/2002))
Term of Gram Panchayat.
(3) The term of office of the Gram Panchayat shall be for five years from the date of. Notification by
the Deputy Commissioner.
( 4) The Deputy Commissioner shall publish, in· the prescribed manner the name of members elected
or deemed to have been duly elected.
Method of voting and grocedure
11. (I) Every voter shall have as many votes as there are members to be elected for the constituency
No voter shall give· more than one vote to any one candidate.
(2) Subject to the provisions of this Act elections to the Gram Panchayat shall be held by ballot
on non-party basis in accordance with such rules as may be prescribed.
Reservation of seats.
12. (1) Not less than one-third of the total number of seats to be filled by direct election in every
Gram Panchayats shall be reserved for women.
(2) The Deputy Commissioner shall by notification determine the number of seats and constituency
or constituencies in which seats are reserved under sub-section (i), above :
Provided that the seats reserved under sub-sections (1) and (2) shall be allotted by rotation to
different constituencies in the Gram Panchayats in such manner as may be prescribed .
Disqualifications for membershig.
•
13. A person shall be disqualified· for being chosen as, and for being a member of the Gram
Panchayat if he suffers from any of the disqualifications specified under Section 57.
Filling of casual vacancy.
14. "Casual vacancy" shall be filled up in the same manner as specified under sub-section (2) of
section 60 of this Act.
Member Secretary of Gram Panchayat.
15. The Circle Officer or such other officer as shall be authorised by the Deputy Commissioner shall
be the Member Secretary of the Gram Panchayat.
Chairperson of Gram Panchayat.
16. (I) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect, in the
prescribed manner, one of its members to be the Chairperson of the Gram Panchayat and any dispute
relating to the validity of the election of Chairperson shall be made before the prescribed authority
(2) The meeting to be held under sub-section (1) shall be convened by the prescribed authority
in the prescribed manner.
(3) Not less than one-third of the total number of offices of Chairperson· of Gram Panchayats shall
be reserved for women in different Gram Panchayats.
( 4) The Deputy Commissioner shall, by notification determine the number of seats and constituency
or constituencies in which seats are reserved under sub-section (3) above :
Provided that the seats so reserved under this section shall be allotted by rotation to different Gram
Panchayat constituencies in the district.
(5) The term of office of every Chairperson shall, save as otherwise provided in this Act cease
on the expiry of his term of office as a member of the Gram Panchayat.
Power and functions of Chairperson
17. (1) The Chairperson shall (a) be responsible for convening the meeting of Gram Sabha and preside
over its meeting ;
(b) be responsible for convening the meeting of Gram Panchayat and shall preside
over its meetings ;
(c) be responsible for the maintenance of the records of the Gram Panchayat;
(d) have the general responsibility for the financial and executive administration
of the Gram Panchayat;
(e) exercise administrative supervision and control over the work of the staff of the Gram Panchayat
and the officers and employees whose services may be placed at the disposal of the Gram Panchayat
by any other authority;
(f) for the transaction of business connected with this Act, or for the purpose of making any order
authorised thereby, exercise such powers, perform such functions and discharge such duties as may
be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made
thereunder :
Provided that the Chairperson shall not exercise such power, perform such functions or discharge
such duties as may be required, by the rules made under this Act to be exercised, performed or
discharge by the Gram Panchayat at a meeting ; and
(g) exercise such other powers, perform such other functions and discharge such other
duties as the Gram Panchayat may, by general or special resolution direct or as the Government may
by rules made in this behalf, prescribe.
Power of removing Chaiq2ersons or Members of Gram Panchayat.
18. The Government may, by order, remove from office of Chairpersons or any other member of a
Gram Panchayat in the same manner as provided under section 64 of this Act.
Power of cancelation of Gram Panchayat Constituency and suspension of election process of a Gram
Panchayat Member
19. If, in any occasion the circumstances so arises, and, the Government is so satisfied, it may issue
notification for cancellation of the Gram Panchayat constituency or constituencies of any location
(s) constituted earlier, and, the Government may also order for cancellation or suspension of the
election process if any already undertaken for that constituency or constituencies for election of Gram
Panchayat Member (s) or [***] (s) forthwith and such action shalJ not be questioned in any court of
law.
**"'[the word 'Anchal Samity? deleted by Act 6 of 2018.s.4(w.e.f. 21/4/2018)1
Right to vote.
20. (I) Every person whose name appears in the voters list relating to a constituency shall, subject
to the other provisions of this Act, be entitled to vote at any election which takes place in that
constituency while the voters list remains in force and no person whose name does not appear in such
voters list shall vote at any such election.
(2) No person shall vote at an election under this Act in more than one constituency or more
than once in the same constituency and if he does so, all his votes shall be invalid.
List of voters.
21. (1) Subject to the provisions of sub-section (2) the electoral roll of the Gram Panchayat shall
be deemed to be the list of voters for such Gram Panchayat Constituency.
(2) No amendment transposition or deletion of any entry in the electoral roll of the Gram
Panchayat made after the last date of making nominations for an election in any Gram Panchayat
Constituency and before the completion of such election shall form part of the list of voters for such
election for the purpose of this section.
(3) The Member Secretary of the Gram Panchayat or when there is no Member Secretary
such officer as may be authorised by the Deputy Commissioner shall maintain in the prescribed
manner a list of voters for each Gram Panchayat Constituency.
Term of office.
22. The members of a Gram Panchayat shall, save as otherwise provided in this Act, hold office
for a term of five years.
Procedure at meetings.
23. The procedure at a meeting of the Gram Panchayat shall be as prescribed.
Meeting of the Gram Panchayat.
24. (1) A Gram Panchayat shall meet for the transaction of business at least once in two months at
the office of the Gram Panchayat and at such time as the Chairperson may determine.
(2) The Chairperson may, whenever he thinks fit, and shall, upon the written request of not
less than one-third of the total number of members and on a date within fifteen days from the receipt
of such request, call a special meeting.
(3) Seven clear days' notice of an ordinary meeting and three clear days' notice of a special
meeting specifying the place, date and time of such meeting and the business to be transacted
thereat,shall be given by the Chairperson of the Gram Panchayat to the members and such officers as
the Government may prescribe, and affix on the notice board of the Gram Panchayat.
(4) The officers to whom notice is given under sub-section (3) and other Government officers
havingjurisdiction over the Panchayat area or any part thereof shall be entitled to attend every meeting
of the Gram Panchayat and take part in the proceedings but shall not be entitled to vote.
(5) If the Chairperson fails to call a special meeting as provided in sub-section (2), any member
so chosen by one-third of total number of members, may call such a meeting for a day within fifteen
days after such written request so received from such one third of the total number of members of the
Gram Panchayat and to take such action as may be necessary to convene the meeting.
Quorum and procedure.
25. ( 1) The quorum for a meeting of the Gram Panchayat shall be one-third of the total number of
members. If at the time appointed for the meeting a quorum is not present, the presiding authority
shall wait for thirty minutes, and if within such period there is no quorum' the presiding authority shall
adjourn the meeting to such time on the following day or such future day as he may fix. He shall
similarly after waiting for thirty minutes adjourn the meeting if at any time after it has began, attention
is drawn to the want of a quorum. A notice of the meeting so fixed shall be pasted in the office of the
Gram Panchayat.The business which could not be considered at the meeting so postponed for want
of quorum, shall be brought before and disposed of at the meeting so
fixed or at any subsequent adjourned meeting at which there is a quorum.
(2) Save as otherwise provided by or under this Act, at every meeting of Gram Panchayat, the
Chairperson or in the absence of him, the members present shall choose one from amongst themselves
to preside for the occasion.
(3) All questions shall, unless otherwise specifically provided, be decided by a majority of
votes of the members present and voting. The Chairperson or person presiding, as the case may
be, unless he refrains from voting shall give his vote before declaring the number of votes for and
against a question and in the case of equality of votes he may give his casting vote.
(4) No member of a Gram Panchayat shall vote on, or take part in the discussion of, any question
coming up for consideration at a meeting of a Gram Panchayat, if the question is one in which, apart
from its general application to the public, he has any pecuniary interest, and if the person presiding
has such an interest, he shall not preside over the meeting when such question comes up for
consideration.
(5) If the person presiding is believed by any member present at the meeting to have any such
pecuniary interest in any matter under discussion, and if a motion to that effect be carried, he shall
not preside at the meeting during such discussion or vote on or take part in it. Any member of the
Gram Panchayat may be chosen to preside at the meeting during the continuance of such discussion.
Modification or cancellation of resolution.
26. No resolution of a Gram Panchayat shall be modified or cancelled within six months after the
passing thereof, except by a resolution passed by not less than one-half of the total number of members
at an ordinary or special meeting, notice whereof shall have been given fulfilling the requirement of
subsection
(3) of section 24 setting forth fully the resolution which it is proposed to modify or cancel at such
meeting and the motion or proposition for the modification or cancellation of such resolution.
Minutes
2 7. (1) Minutes shall be kept of the names of the members and of the officers, if any present,
and of the proceedings at each meeting of the Gram Panchayat and if any member present at the
meeting so desires, of the name of the members voting respectively for or against any resolution, in a
book to be provided for the purpose and after they are read over and agreed to shall be signed by the
Chairperson or person presiding at such meeting,
and shall at all reasonable times be open 'to inspection by any member of the Gram Panchayat.
Any person may inspect the copy of the minutes of the meeting. The minutes book shall always be
kept in the office of the Gram Panchayat and shall be in the custody of the Chairperson of the Gram
Panchayat.
(2) A copy of every resolution passed by the Gram Panchayat shall within ten days from the
date of meeting, be forwarded by the Chairperson to the 2[Member Secretary of Zila Parishad ]
2
[substituted of word Anchal Samity by Act 6 of 2018.s.S(w.e.f. 21/4/2018)]
Interpellations and resolutions.
28. ( 1) Any member may call the attention of the Chairperson to any neglect in the execution of
the Gram Panchayat work, to any waste of Gram Panchayat property or to the wants of any locality
and may suggest any improvements which may appear desirable.
(2) Every member shall have a right to move resolutions and to interpellate the Chairperson
on matters connected with the administration of the Gram Panchayat, subject to such rules as may be
prescribed.
Validity of proceedings
29. ( 1) No disqualification of or defect in the Election or appointment of any person acting as.m ernber,
or as the Chairperson of the Gram Panchayat or Chairperson or member of a committee
of a Gram Panchayat constituted if any, under this Act shall be deemed to vitiate any act or proceeding
of the Gram Panchayat or any such committee, as the case may be, in which such person has taken
part whenever the majority who were parties to such act or-proceeding were entitled to act.
(2) No resolution of a Gram Panchayat or any committee of a Gram Panchayat constituted
under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any
member.
Provided that the proceedings of the Gram Panchayat or Committee were not prejudicially
affected by such irregularity.
(3) Until the contrary is proved, every meeting of a Gram Panchayat or of a committee of
a Gram Panchayat constituted if any under this Act in respect __ or proceedings whereof a minute have
been made and signed in accordance with this Act shall be deemed to have been duly convened and
held and all the members of the meeting shall be deemed to have been duly qualified, and where the
proceedings are the proceedings of a committee,such committee shall be deemed to have been duly
constituted and to have had the power to deal with matters referred to in the minute.
(4) During any vacancy in a Gram Panchayat or committee of a Gram Panchayat, the continuing
members may act as if no vacancy had occurred.
Powers and functions of Gram Panchavat.
30. The Gram Panchayat shall perform such of the assigned functions enumerated in Schedule I,
subject to such condition as may be specified by the State Government from time to time.
State Government to place fund.
31. Where the State Government assigns anyfunction to a Gram Panchayat under Section 30, or
where it directs a Gram Panchayat to make provision for any of the items enumerated in Schedule 1,
it may place such funds at the disposal of the Gram Panchayat as may be required for the due
performance of such functions or for making such provision, as the case may be.
Control of building operation
32. (1) No person shall erect any newstructure or new building or make any addition to any structure
or building in any area within the jurisdiction of Gram Panchayat except with the previous permission
in writing of the Gram Panchayat.
(2) Every person seeking permission under sub-section (I) shall make an application in writing
to such authority, in such form, containing such particulars and on payment of such fee, not
exceeding Rs. l Oas may be prescribed :
Provided that no permission under subsection
(I) shall be necessary for erection of any thatched structure, tin shed or tile shed without brick
wall covering an area not exceeding 750 square feet :
Provided further that the State Government may by order exempt any structure or building or
any class or structures or buildings from the operation of the provisions of this Section.
Improvement of sanitation.
33. (!) For the improvement of sanitation, a Gram Panchayat shall have the power to do all acts
necessary for, and incidental to, the same and in particular and without prejudice to the generality of
the foregoing power, a Gram Panchayat may by order require the owner or occupier of any land or
building within such reasonable period as may be specified in the notice served upon him and after
taking into consideration his financial position -
(a) to close, remove, alter, repair,cleanse, disinfect, or put in good order any latrine, urinal water
closet, drain, cesspool,
or other receptable for filth, sullage, rubbish or refuse pertaining to such land or buildings, or to
remove or alter any door or trap or construct any drain for any such latrine urinals or water-closet
which opens on to a street or drain or to shut off such latrine, urinal or water closet by a sufficient
roof or wall or fence from the view of persons passing by or dwelling in the neighbourhood;
(b) to cleanse, repair, cover, fill-up, drain off or remove water from a private well, tank reservoirs,
pool, pit depression or excavation therein which may be injurious to health or offensive to the
neighbourhood;
(c) to clear off' any vegetation, under growth, prickly pear of shrub jungle therefrom : and
(d) to remove any dirt, dung, night soil, manure or any obnoxious or offensive matter therefrom and
to cleanse the land or building:
Provided that a person on whom a notice has been served as aforesaid may, within thirty days
of receipt of such notice, appeal to the prescribed authority against the order contained therein
whereupon the prescribed authority may stay the operation of the order contained in the notice till the
disposal of the appeal and it may, after giving such notice of the appeal to the Gram Panchayat
concerned as may be prescribed, modify, set aside or confirm the order:
Provided further that the prescribed authority shall, when it confirms or modifies the order
contained in the notice after the expiry of the period mentioned therein fix a fresh period within which
the order contained in the notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid has not been set aside by the prescribed
authority and if the person upon whom the notice has been served fails, without sufficient reason, to
comply with the order in its original form or the order as modified by the prescribed authority, within
the time specified in the notice or within the time fixed by the prescribed authority, as the case may
be, he shall be liable, on conviction by a magistrate, to a fine which may extend to five hundred rupees.
Power of Gram Panchayat over public street waterways and other matters
34. (1) Subject to such conditions or restrictions as may be prescribed, a Gram Panchayat shall have
control over all public streets and waterways within its jurisdiction other than canals constructed,
maintained or controlled by the Government, not being private property and not being under the
control of the Central or State Government or any local authority, and may do all things necessary for
the maintenance and repair thereof, and may-
(a) construct new bridges and culverts;
(b) divert or close any such public street,bridge or culvert;
(c) widen, open, enlarge or otherwise improve any such public street, bridge or
culvert and with· minimum damage to the neighbouring fields, plant and preserve
trees on the side of such street;
( d) deepen or otherwise improve such waterways;
(e) with the sanction of the State Government or with the sanction of such officer or
authority as the State Government may prescribe, undertake irrigation projects;
(f) trim hedges and branches of trees projecting on public streets;
(g) set apart, by public notice, any public source of water supply for drinking or
culinary purpose and likewise prohibit all bathing, washing or other acts likely to
pollute the source so set apart.
(2) A Gram Panchayat may, by a notice in writing, require any person who has caused
obstruction or encroachment on or damage to any public street or drain or other property under the
control and management of the said Gram Panchayat, to remove such damage as the case may
be within the time to be specified in the notice.
(3) ff the obstruction or encroachment is not removed or damage is not repaired within the time
so specified, the Gram Panchayat may cause such obstruction or encroachment to be removed or such
damage to be repaired and the expenses of such removal or repair shall be recoverable from such
person as arrears of land revenue.
(4) For the purpose of removal of obstruction or encroachment under sub-section (3)the Gram
Panchayat may apply to the Sub-Divisional Officer and the Sub-Divisional Officer shall, on such
application provide such help as may be necessary for the removal of such obstruction or
encroachment.
Power of Gram Panchayat in respect of polluted water supply.
35. (1) A Gram Panchayat may, by written notice, require the owner of, or the person having
control over, a private water course, spring, tank, well or other place, the water of which is· used for
drinking or culinary purpose after taking into consideration his financial position, to take all or
any of the following steps within a reasonable period to be specified in such notice namely-
(a) to keep and maintain the same in good repair;
(b) to clean the same, from time to time, of silt, refuse or decaying vegetation;
( c )to protect it from pollution ; and
(d) to prevent its use, if it has become so polluted as to be hazardous to the public
health:
Provided that a person upon whom a notice as aforesaid has been served may within thirty
days from the date of receipt of the notice, appeal to the prescribed authority against the order
contained in the notice where upon the prescribed authority may stay the operation u l the order
contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal
to the Gram Panchayat concerned as may be prescribed modify, set aside or confirm the order :
Provided further that the prescribed authority shall when it confirms or modifies the order
contained in the notice after the expiry of the period mentioned therein, fix a fresh period within which
the order contained in the notice, as confirmed or modified by it, shall be carried out .
(2) If the order contained in a notice served as aforesaid has not been set aside by the prescribed
authority and if the person upon whom the notice has been served fails, without sufficient reason, to
comply with the order in its original form or the order as modified by the prescribed authority, within
the time specified in the notice or within the time fixed by the prescribed authority, as the case may
be, he shall be liable, on conviction by a Magistrate, to a
fine which may extend to five hundred rupees.
Power of Gram Panchayat to prevent growth of water hyacinth or other weed which may pollute water
36. (1) A Gram Panchayat may, by written notice, require the owner or occupier of any land or
premises, containing a. tank or similar deposit of water, after taking into consideration his
financial position. not to allow water hyacinth or any other weed which may pollute water to grow
thereon and to eradicate the same there from within such reasonable period as may be specified in the
notice:
Provided that a person on whom a notice as aforesaid has been served may within thirty days
from the date of receipt of the notice, appeal to the prescribed authority and it may stay the operation
of the order contained in the notice till the disposal of the appeal and it may, after giving such notice
of the appeal to the Gram Panchayat concerned as may be prescribed, modify, set aside or confirm
the order:
Provided further that the prescribed authority shall when it confirms or modifies the order contained
in the notice after the expiry of the period mentioned therein, fix a fresh period within which the order
contained the notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid has not been set aside by the prescribed
authority and if the owner or occupier upon whom the notice has been served fails, without sufficient
reason, to comply with the order in its original form or the order as modified by the prescribed
authority, within the time as specified in the notice or within the time fixed by the prescribed authority
as the case may be, he shall be liable, on conviction by a Magistrate, to a fine which may extend to
two hundred rupees.
Emergent power on outbreak of_rujdemic.
3 7. (1) In the event of an outbreak of cholera or any other water borne infectious disease in any
locality situated within the local limits of the jurisdiction ofa Gram Panchayat, the Chairperson,
or any other person authorised by the. Chairperson may, during the continuance of the outbreak,
without notice and at any time, inspect and disinfect any well tank or other place from which water
is, or is likely to be, taken for the purpose of drinking and may further take such steps as he may deem
fit to prevent the drawing of water therefrom.
Power to recovery of cost for work of cost for work Gram Panchayat on failure of any person.
38. If any work required to be done by an order contained in a notice served under sections 33, 34,
35, 36 and 37 is not executed within the carried out by period specified in the notice or where an
appeal is made to the prescribed authority within the fresh period as fixed as the prescribed
authority in. The appeal the Gram Panchayat may, in the absence of satisfactory grounds for non
compliance cause such work to be carried out and the cost of carrying out such work shall be
recoverable as an arrear of land revenue from the person on whom the notice was
served.
PROPERTY AND FUND OF GRAM PANCHAYAT
Power to acquire, Power to acquire, dis12ose of progertv.
39. A Gram Panchayat may have power to acquire, hold and dispose of property and to enter hold
and into contracts :
Provided that in all cases of acquisition or disposal of immovable property, the gram Panchayat
shall obtain the prior approval of the State Government.
Properties vested in the Gram Panch~ ats.
40. Subject to such restrictions or conditions as the State Government may think fit and proper, all
or any properties of the nature specified below and situated within the local limits of a Gram
Panchayat shall vest in and belong to the Gram Panchayat concerned and shall be under its
direction, management and control and shall be held and applied for the purpose of this Act.-
( 1) ( a) all public buildings constructed and maintained out of the funds of the Gram
Panchayat;
(b) all public roads which have been constructed and maintained out of the
funds of the Gram Panchayat and the stones and other materials thereof and
also trees, erection materials, implements and things provided for such roads ; and
( c) all lands and other properties movable or immovable transferred to the Gram
Panchayat by the State Government.
(2) The State Government may, by notification, exclude any street, bridge or drain from
the operation of this Act or of any specified section of this Act:
Provided that, if the cost of the construction of the work shall have been paid from the Gram
Panchayat Fund, such work shall not be excluded from the operation of this Act or any
specified section of this Act except after consideration of the views of the Gram Panchayat
at a meeting.
Allocation of property to Gram Panchayat
41. The State Government may allocate to a Gram Panchayat any public property situated within its
local jurisdiction, arid thereupon such property Panchayats. shall vest in and come under the control
of the Gram Panchayat.
Acquisition of land for Gram Panchayat
42. (1) Where a Gram Panchayat requires for carrying out any of the purposes of this Act land for
Gram it may negotiate with person or persons having interest in the said land and if it fails to reach
an agreement, it may make an application in the manner prescribed to the Deputy Commissioner of
the district for the acquisition of the land and the Deputy Commissioner may, if he is satisfied that the
land is required for public purpose, take steps to acquire the land under any law for the time being in
force for acquisition of land and such land shall, on acquisition, vest in the Gram Panchayat.
(2) Subject to such conditions as may be imposed and any special reservation as may be
made by the Government, the management of all public property, markets, fairs and ferries or such
portion thereof as are held upon public land and as are maintained by the Government within the local
limits of a Gram may be entrusted to the Gram Panchayat concerned and thereupon such public
property, markets, fairs and ferries shall be managed and regulated by the Gram Panchayat concerned
which shall receive, to the credit of the Gram Panchayat Fund, all dues levied or imposed by it in
respect thereof.
Power to borrow money.
43. A Gram Panchayat, with the sanction of the prescribed authority may borrow money from any
autonomous body in the State or, from the Central Government or, from the banks or, other financial
institutions for furtherance of its objectives on the basis of such specific schemes as may be drawn up
by the Gram Panchayat.
Gram Panchm'Jrt Fund.
44. (1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the
name of the Gram Panchayat and there shall be placed to the credit thereof -
(a) contributions and grants, if any made by the Central or the State Government including grants-in
aid from the Consolidated Fund of the State based on the recommendation of the State Finance
Commission constituted under this Act;
(b) contribution and grants, if any made by the Zilla Parishad, [***]or any other local authority;
***[the word 'Anchal Samity' deleted by Act 6 of 2018.s.6 (w.e.f, 21/4/2018)]
( c) loans, if any, granted by the State Government or the Central· Government or
institutions with prior approval of the State Government;
(d) sums on account of taxes, rates, duties, tolls and fees if any, authorised to be
levied and received with the approval of the Government ;
(e) any receipts as may be authorised by the Government in respect .of any schools,
hospitals, dispensaries, buildings, institutions or works vested in, constructed by or placed under
the control and management of the Gram Panchayat;
(f) such fines and penalties imposed and realised under the provisions of this Act as may
be prescribed ; or
(g) and such other sums as may be authorised by the Government to be received
by the Gram Panchayat.
(2) Every Gram Panchayat shall set apart and apply annually such sum as may be required to
meet the cost of its own administration including the
payment of salary allowances, provident fund and gratuity to its officers and employees if any
engaged.
(3) Every Gram Panchayat shall have the power to open such account as it thinks fit for carrying
out the purposes of this Act.
( 4) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the amount
standing to the credit of the Fund shall be kept in such custody as the State Government may, from
time to time, direct.
(5) Subject to such general control as the Gram Panchayat may exercise from time to time, all
orders for payment from the Gram Panchayat Fund shall be signed by the Member Secretary.
(6) The Gram Panchayat Fund shall be operated in such manner as may be prescribed.
Imposition of tax by Gram Panchavat
45. (1) Subject to such rules as may be made in this behalf, a Gram Panchayat may impose yearly,
on lands and buildings within the local limits of its jurisdiction, a tax at such rate as may be prescribed
on the annual value of such lands and buildings to be paid by the owners and occupiers thereof.
(2) The following lands and buildings shall be exempted from imposition of tax under subsection
(1) namely-
( a) lands and buildings, the annual value of which is not more than such limit as may be
prescribed;
®
(b) lands and buildings belonging to a local authority and used or intended to be used
exclusively for a public purpose and not used or intended to be used for purposes of profit;
(c) lands and buildings used exclusively for religious, educational or charitable purposes; and
( d) lands and buildings owned by the Central or State Government.
(3) The State Government may, by notification, exempt either wholly or in part any other
class of properties or classes of properties specified in the notification from the taxes or rates or duties
leviable under this Section.
( 4) Subject to such rules, restrictions and conditions as may be made in this behalf, a Gram
Panchayat may with the prior approval of the Government levy -
( a) on all transfers of immovable property situated within the local limits of the Gram
Panchayat, a duty in the shape of an additional stamp duty at such rate as may be prescribed
the amount of the consideration for the sale, the value of the property in the case of a gift,
the amount secured by the mortgage, the value of the property of the greater value in the
mortgage. the value of the property of the greater value in the case of exchange, or the value of rent
for the first ten years in the case of a lease, as set forth in the instrument ; and
(b) a duty in the shape of an additional stamp duty at such rate as may be prescribed
on all payments for admission to any entertainment.
(5) The State Government may make rules for regulating the collection of the duty on transfers
of immovable property and duty on entertainment referred to in sub-section (4), the payment thereof
to the Gram Panchayat and the deduction of any expense incurred by the State Government in the
collection thereof.
Explanation : in this section -
(a) "annual value" in relation to any land or buildings, means an amount not
exceeding six per centum of the market value of such land and building estimated in
the prescribed manner;
(b) "entertainment" includes any exhibition, cinematograph exhibition, performance,
amusement; games or sports to which persons are admitted on payment.
Lev.Y_Q[rates
46. (1) Subject to the approval of the Government, a Gram Panchayat may levy the and fees.
following fees, rates and tolls as may be notified by the Government from time to time -
(i) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and me las
within its jurisdiction as may be specified by the State Government by notification published in the
manner prescribed ;
(ii} a water rate, where arrangement for the supply of water for drinking, irrigation or any other
purpose is made by the Gram Panchayat within its jurisdiction ;
(iii) a lighting rate where arrangement for lighting of public streets and places is made by the Gram
Panchayat within its jurisdiction ;
(iv} a conservancy rate, where arrangement for cleaning private latrines,urinals and cesspools is made
by the Gram Panchayat within its jurisdiction ;.
(v) fees on licence for running trade,wholesale or retail within the jurisdiction of the Gram Panchayat
unless such licence or such trade is prohibited under any law for the time
being in force ;
(vi) tolls. on persons, vehicles or animals or any class of them at any toll bar which is established by
the Gram Panchayat on any road or bridge vested in or under the management of the Gram Panchayat;
and
(vii) tolls in respect of any ferry established by. or under the management of the Gram Panchayat.
(2) The Gram Panchayat shall not undertake registration of vehicles or levy fees therefore and shall
not provide sanitary arrangement at places of worship or pilgrimage, fairs and melas within its
jurisdiction or levy fees therefore if such vehicle has already been registered by any other
authority under anv law for the time beinz in force or if such provision for sanitary arrangement has • b
already been made by any other local authority or by the State Government.
Appeal against imposition of tax. levy of rate. toll or fee.
47. An appeal shall lie against any order made by Gram Panchayat imposing tax or levying rate, fee
or toll in such manner as may be prescribed before the prescribed authority and the decision of the
prescribed authority in appeal shall be final.
Recovery of tolls, taxes rates or fees as arrears of land revenue.
48. All dues or. account of taxes, ratExcerpt shown. Open the full act in Lexace.