1 THE BIHAR PANCHAYAT RAJ ACT, 2006 AN ACT to replace the Bihar Panchayat Raj Act, 1993 as amended up to date. Chapter I 1. Short title, extent and commencement — (i) This Act may be called the Bihar Panchayat Raj Act, 2006. (ii) It shall extends to the whole of the state of Bihar excepting the areas to which the provisions of the Patna Municipa l Corporation Act, 1951 (Bihar Act XIII of 1952) or Bihar & Orissa Municipa l Act, 1922 (Bihar Act VII of 1922) or Cantonment Act, 1924 (Act II of 1924) apply. (iii) It shall come into force immediately after i ts notification in the Official Gazette. 2. Definitions — In this Act, unless there is anything repugnant in the subject or context, (a) “Adhyaksha” means an Adhyaksha of Zila Parishad elected under the provisions of this Act; (b) “Backward Classes” means and includes the list of Backward Classes of citizens specified in Annexure 1 of the Bihar Re servation of Vacancies in Posts and Services (for SC, ST and oth er Backward Classes) Act, 1991 (Bihar Act No. -3, 1992); (c) “Block” means such local area in a district as the State Government may constitute to be a Block; (d) “Block Development Officer” means an officer ap pointed as such by the State Government; 2 (e) “Chief Executive Officer” means the Chief Exec utive Officer of a Zila Parishad appointed under the provisions of this Act; (f) “Commission” means the State Election Commissi on constituted under Article 243-K read with Article 243-ZA of the Constitution of India. (g) “Commissioner” means the Divisional Commissione r or such other officer, as may be especially authorised by the Sta te Government to discharge the functions of a Commissioner under this Act; (h) “Criminal Case” means a criminal proceeding in respect of an offence triable by a bench of the Gram Katchahry; (i) “District” means a District as notified by the State Government to be a district; (j) “District Magistrate” means a District Magistra te of a District so appointed by the State Government and includes any other officer, who may be especially appointed by the State Government to discharge all or any of the functions of the District Magistrate under this Act; (k) “District Panchayat Raj Officer” means a Distri ct Panchayat Raj Officer of a district so appointed by the State Government and includes any other officer, who may be especially appointed by t he State Government to discharge all or any of the functions of the District Panchayat Raj Officer under this Act; (l) “Executive Officer” means an Executive Officer of a Panchayat Samiti; (m) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised wit hin the area of the Panchayat at the village level; (n) “Gram Katchahry” means a Gram Katchahry establi shed under sub- section (1) of section 90 of this Act; (o) “Government” means the State Government of Bihar; 3 (p) “Member Board of Revenue” means the Member, Bo ard of Revenue or such other officer, as may be especially authorised by the State Government to perform the functions of a Member, Bo ard of Revenue under this Act and includes an Additional Member, Board of Revenue; (q) “Member of Gram Panchayat” means an elected mem ber of that Panchayat; (r) “Mukhiya” means a Mukhiya of Gram Panchayat ele cted under the provisions of this Act; (s) “Municipality” means an institution of self-gov ernment constituted under Article 243-Q of the Constitution of India. (t) “Munsif” with reference to a Gram Panchayat mea ns the Munsif having local jurisdiction in the area in which such Gram P anchayat is constituted and includes a court of small cause cases; (u) “Notification” means a notification published i n the State or District Gazette; (v) “Panch of a Gram Katchahry ” means an elected P anch of that Gram Katchahry; (w) “Panchayat” means an institution of Self-Govern ment constituted under Article 243B of the Constitution of India for the rural areas; (x) “Panchayat Area” means the territorial area of a Panchayat; (y) “Panchayat Samiti” means a Panchayat Samiti con stituted for every Block under this Act; (z) “Panchayat Secretary” means the Secretary of a Gram Panchayat appointed under this Act; (aa) “Prescribed” means prescribed under this Act o r rules or regulations or notifications or orders made thereunder; 4 (ab) “Prescribed Authority” means an authority appo inted under the provisions of this Act or any notification or rules or regulations made thereunder, for all or any of the purposes of this Act; (ac) “Population” means and includes the population as ascertained at the last preceding census of which the relevant figures have been published; (ad) “Pramukh” means a Pramukh of Panchayat Samiti elected under this Act; (ae) “Sarpanch” means the Sarpanch of a Gram Katcha hry elected under this Act; (af) “Standing Committee” means a Standing Committe e constituted by a Zila Parishad or a Panchayat Samiti or a Gram Panch ayat under this Act; (ag) “Subdivisional Magistrate” means a Subdivision al Magistrate of a Subdivision so appointed by the State Government an d includes any other officer, who may be especially authorised by the State Government to discharge all or any of the functions of the Subdivisional Magistrate under this Act; (ah) “Suit” means a suit triable by a bench of the Gram Katchahry; (ai)“Up-Adhyaksha” means an Up-Adhyaksha of a Zila Parishad elected under this Act; (aj)“Up-Mukhiya” means an Up-Mukhiya of a Gram Panc hayat elected under this Act; (ak) “Up-Pramukh” means an Up-Pramukh of a Panchaya t Samiti elected under this Act; (al) “Up-Sarpanch” means an Up-Sarpanch of a Gram K atchahry elected under this Act; 5 (am) “Village” means an area defined, surveyed and recorded as distinct and separate village in revenue records of the district in which it is situated; (an) “Zila Parishad” means a Zila Parishad of a dis trict constituted under this Act. 6 CHAPTER II GRAM SABHA 3. Period of Meetings — The Gram Sabha shall meet from time to time but not more than three months shall intervene in b etween any two meetings. 4. Convening of Meetings — (1) A notice of the meeting of the Gram Sabha shall be pasted in the Office of the Gram Pan chayat and the same shall be brought to the notice of the public by beat of drum or by any other means of publicity as prescribed. (2) The procedure for convening and conducting the meetings of the Gram Sabha shall be such as may be prescribed. (3) It shall be the responsibility of the Mukhiya t o convene the meeting of the Gram Sabha at regular intervals as specified un der the Act. In case he fails to convene the meeting as specified, the Executive Officer of the Panchayat Samiti may convene such me eting on this fact being brought to his notice. The Executive Off icer may depute a Government servant to be present in such a meeting on his behalf. 5. Quorum — (1) The Quorum for a meeting shall be one-twentie th of the total members of the Gram Sabha. (2) If at the time appointed for the meeting a quor um is not complete or if the meeting has begun and attention is drawn toward s want of quorum, the presiding authority shall wait for one hour and if within such period there is no quorum, the presiding autho rity shall adjourn the meeting to such time on the following day or su ch future day as he may fix. The business which could not be conside red at the meeting so postponed for want of quorum shall be brought before and 7 disposed of at the subsequent adjourned meeting or meetings for which a quorum of one fortieth of the total members of the Gram Sabha shall be required. 6. Presiding Officer — Every meeting of the Gram Sabha shall be presided over by the Mukhiya of the concerned Gram Panchayat and in his absence by the Up-Mukhiya. 7. Matters for Consideration — The Gram Sabha shall consider the following matters:– (a) The annual statement of accounts of the Gram Pa nchayat, the report of administration of the preceding financial year a nd the last audit note and replies, if any, made thereto; (b) The budget of the Gram Panchayat for the next financial year; (c) The report in respect of development programme s of the Gram Panchayat relating to the preceding year and develo pment programmes proposed to be undertaken during the current year; (d) Reports of the Vigilance Committee. 8. Resolution — Any resolution relating to matters entrusted to the Gram Sabha under this Act shall have to be passed by a m ajority of the members present and voting in the meeting of the Gram Sabha. 9. Functions — The Gram Sabha shall perform the following functions :– (a) Rendering assistance in the implementation of d evelopmental schemes pertaining to the village; (b) Identification of beneficiaries for the impleme ntation of developmental schemes pertaining to the village : 8 Provided that in case the Gram Sabha fails to ident ify the beneficiaries within a reasonable time, the Gram Pa nchayat shall identify the beneficiaries; (c) Procuring voluntary labour and contributions, in kind or in cash or both, for community welfare programmes; (d) Providing all assistance in the programmes of m ass education and family welfare within the village; (e) Promotion of unity and harmony among all sectio ns of society in the village; (f) Seeking clarifications from the Mukhiya, Up-Muk hiya and members of the Gram Panchayat about any particular activity, s cheme, income and expenditure; and (g) Discussing and recommending appropriate action with regard to reports of the Vigilance Committee; (h) Such other matters as may be prescribed. 10. Vigilance Committee — The Gram Sabha may also form one or more vigilance committee(s) consisting of persons who ar e not members of the Gram Panchayat, to supervise the Gram Panchayat wor ks, schemes and other activities relating to that village and to pu t up reports related to them in its meeting. 9 CHAPTER III GRAM PANCHAYAT 11. Declaration of Gram Panchayat Area — (1) Subject to the general or special orders of the Government, the District Magi strate may, by notification in the District Gazette, declare any l ocal area comprising a village or a group of contiguous villages or part t hereof to be a Gram Panchayat area with a population within its territo ry as nearly as seven thousand. Provided that the District Magistrate may, after c onsultation with the Gram Panchayat concerned, by a notification, at any time, include within or exclude from any Gram Panchayat area any village or part thereof and alter the name of the Gram Panchayat. (2) If the State Election Commission, suo motu or o n receipt of a written representation from an aggrieved person, is of the opinion that there is sufficient reason for doing so, may review the l egality and propriety of any Gram Panchayat declared under sub-section (1 ) and may call for the relevant records for this purpose, and subj ect to the provisions of this Act, may pass such order which the Commission deems fit and proper. Provided that after the notification of the date of Panchayat election by the Governor under section 124 of the Act, the C ommission shall not consider any such new case. (3) Every Gram Panchayat shall be a body corporate by the name of its Gram Panchayat and shall have perpetual succession and a common seal and subject to such restrictions as are impose d by or under this Act or any other enactment, shall be vested with th e capacity of suing 10 or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, whethe r without or within the limits of the area over which it has authority, or entering into contracts and of doing all things necessary, proper and expedient for the purpose for which it is constituted. 12. Composition of Gram Panchayat — (1) The Gram Panchayat shall consist of – (a) The Mukhiya elected under the provisions of th is Act; (b) Such number of directly elected members as may be notified from time to time by the District Magistrate and ea ch of such members representing as nearly as possible a popula tion of five hundred of the Panchayat Area. (2) For the convenience of election, the District M agistrate shall, in accordance with such rules as may be prescribed in this behalf by the State Government, divide the area of the Gram Panch ayat under the direction, control and supervision of the State Ele ction Commission into territorial constituencies in such manner that the population of each constituency, so far as practicable, be the sa me throughout the Panchayat area. (3) One member from each territorial constituency shall be elected through direct election in the manner prescribed. (4) Every Gram Panchayat constituted under this se ction shall be notified in the District Gazette and shall come into office with effect from the date appointed for its first meeting. 13. Reservation of seats — (1) In every Gram Panchayat, as nearly as but not exceeding fifty percent of the total seats of m embers of Gram Panchayat shall be reserved for 11 (a) Scheduled Castes; (b) Scheduled Tribes; and (c) Backward Classes. The number of seats so reserved for Scheduled Cas tes and Scheduled Tribes shall bear as nearly as may be, th e same proportion to the total number of seats to be filled up by direct election in that Gram Panchayat as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area a nd such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner. After reservation of seats for the Scheduled Cast es and the Scheduled Tribes, the number of seats to be reserve d for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty p ercent reservation for the Scheduled Castes, the Scheduled Tribes and the Back ward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate during subsequent elections under the direction, control a nd supervision of the State Election Commission in the manner prescribed by it. (2) As nearly as but not exceeding fifty percent of the total number of seats reserved under Sub-section (1) shall be reser ved for women belonging to the Scheduled Castes, the Scheduled Tr ibes and the Backward Classes, as the case may be. (3) As nearly as but not exceeding fifty percent o f the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women. 12 (4) Such total number of seats reserved for women b elonging to the Scheduled Castes, the Scheduled Tribes, the Bac kward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, con trol and supervision of the State Election Commission to dif ferent constituencies in a Gram Panchayat in such manner a s may be prescribed by it. Explanation - For the removal of doubts it is hereby declared tha t the principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the B ihar Panchayat Raj Act, 1993. 14. Duration of Gram Panchayat — (1) Every Gram Panchayat unless sooner dissolved under any law for the time being i n force shall continue for five years from the date appointed for its first meeting and no longer. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Gram Panchayat, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). (3) An election to constitute a Gram Panchayat shal l be completed – (a) Before the expiry of its duration specified in sub-section (1); and (b) Before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Gram Panchayat would have continued i s less than six 13 months, it shall not be necessary to hold any elect ion under this sub- section for constituting the Gram Panchayat for such period. (4) A Gram Panchayat constituted upon the dissoluti on of a Gram Panchayat before the expiration of its duration sha ll continue only for remainder of the period for which the dissolved Gra m Panchayat would have continued under Sub-section (1) had it n ot been so dissolved. 15. Election of Mukhiya and Up-Mukhiya — (1) A Mukhiya of the Gram Panchayat shall be directly elected by the voters enrolled in the voters’ list of that Gram Panchayat. (2) In the event of vacancy caused by reason of dea th, resignation, disqualification, removal or otherwise of the Mukhi ya, the Gram Panchayat shall elect another Mukhiya as soon as possible as per the provisions of sub-section (1) : Provided that if the vacancy in the office of Mukh iya is for less than six months, there shall be no election. (3) (i) After election every Gram Panchayat shall u nder the direction, control and supervision of State Election Commissio n, elect in its first meeting one Up-Mukhiya from amongst the members ele cted under the provisions of clause (b) of sub-section (1) of section 12 of the Act, by a majority of votes. (ii) The Mukhiya of the Gram Panchayat shall be a voter in the election of Up-Mukhiya. (iii) In the case of equality of votes in the elect ion of Up-Mukhiya, the result shall be decided by draw of lots. (4) (i) In the event of the offices of the Mukhiya and Up-Mukhiya falling vacant simultaneously in any Gram Panchayat, the Ex ecutive Officer 14 of the concerned Panchayat Samiti shall call a meet ing for election of Up-Mukhiya within fifteen days of such an eventuali ty for which a notice of at least seven clear days shall be given to the members. (ii) The Executive Officer of the concerned Panchay at Samiti shall preside over such meeting but he shall not have the right to vote. (iii) In the case of equality of votes, the result shall be decided by draw of lots. (5) Reservation of seats — (i) For the post of Mukhiya, as nearly as but not exceeding fifty percent of the total seats of M ukhiya within every Panchayat Samiti shall be reserved for :– (a) Scheduled Castes; (b) Scheduled Tribes; and (c) Backward Classes. Within every Panchayat Samiti, seats shall be rese rved for Scheduled Castes and Scheduled Tribes for the posts of Mukhiya and the number of seats so reserved shall bear as n early as possible the same proportion to the total number of seats of Mukhiya within the said Panchayat Samiti as the population of the Sche duled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be all otted by rotation to different Gram Panchayats within the Panchayat Samiti by the District Magistrate under the direction, control and supervi sion of the State Election Commission in the prescribed manner. After reservation of seats of Mukhiya for the Sched uled Castes and the Scheduled Tribes, the number of seats to be reserve d for the Backward Classes shall be as nearly as possible but not exce eding twenty percent of the total seats and within the overall limit of fifty percent reservation for 15 the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Gram Panchay ats by the District Magistrate in the prescribed manner. Such seats sha ll be allotted by rotation to different Gram Panchayats within a Panc hayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it. (ii) As nearly as but not exceeding fifty percent o f the total number of seats so reserved under Sub-section (i) shall be re served for women belonging to Scheduled Castes, Scheduled Trib es and Backward Classes as the case may be. (iii) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women. (iv) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backwar d Classes and unreserved category shall be allotted by rotati on by the District Magistrate under the direction, control an d supervision of the State Election Commission to different constitu encies in a Gram Panchayat in such manner as may be prescribed by the State Election Commission. Explanation - For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservati on of offices for the Scheduled Castes and Scheduled Tribes under this su b-section shall commence from the first election held after the com mencement of the Bihar Panchayat Raj Act, 1993. 16. Term of Office of Mukhiya and Up-Mukhiya — The term of office of Mukhiya and Up-Mukhiya of the Gram Panchayat shall, save as otherwise 16 provided in this Act, cease on the expiry of his te rm of office as a member of the Gram Panchayat. 17. Powers, Functions and Duties of Mukhiya and Up Mukh iya — (1) The Mukhiya shall – (a) be responsible for convening the meetings of Gr am Sabha and shall preside over its meetings; (b) be responsible for convening the meeting of Gra m Panchayat and shall preside over its meetings; (c) be responsible for the proper maintenance of th e records of the Gram Panchayat; (d) have the general responsibility for the financi al and executive administration of the Gram Panchayat. (e) exercise administrative control and supervision over the work of the employees and officers of the Gram Panchayat an d employees whose services may be placed at the dispo sal of the Gram Panchayat by any other authority; (f) for the transaction of business connected with this Act or for the purposes of making any order authorised thereby, ex ercise such powers, perform such functions and discharge such d uties as may be exercised, performed or discharged by the Gr am Panchayat under this Act or the rules made thereunder; Provided that the Mukhiya shall not exercise suc h powers or perform such functions or discharge such duties as may be required by the rules made under this Act to be exe rcised, performed or discharged only by the Gram Panchayat at a meeting; 17 (g) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat m ay, by general or special resolution, direct or as the Gov ernment may, by rules made in this behalf, prescribe. (2) The Up-Mukhiya shall -- (a) exercise such of t he powers, perform such of the functions and discharge such of the dut ies of Mukhiya as the Mukhiya may from time to time, subject to rules made in this behalf by the Government, delegate to him by order in writing : Provided that the Mukhiya may at any time withdraw all or any of the powers, functions and duties so delegated to the Up-Mukhiya ; (b) during the absence of the Mukhiya exercise all the powers, perform all the functions and discharge all the duties of the Mukhiya Provided that as soon as the Mukhiya returns from absence, he will resume the exercise of all such powers and shall start performing all the functions and discharging all the duties of the Mukhiya; (c) exercise such other powers, perform such other functions and discharge such other duties as the Gram Panchayat m ay, by general or special resolution, direct or as the Gov ernment may, by rules made in this behalf, prescribe. 18. Resignation or Removal of Mukhiya or Up-Mukhiya — (1)The Mukhiya/ Up-Mukhiya may resign his office by writin g under his hand addressed to the District Panchayat Raj Officer. (2) Every resignation under Sub-section (1) shall t ake effect on the expiry of seven days from the date of its receipt by the Di strict Panchayat Raj Officer, unless within this period of seven days he withdraws such 18 resignation by writing under his hand addressed to the District Panchayat Raj Officer. (3) Every Up-Mukhiya shall vacate the Office if he ceases to be a member of a Gram Panchayat. (4) (i) Removal of Mukhiya by no confidence motion—Every Mukhiya shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of voters of the Gram Panchayat at a meeting especially convened for the purpose. The requisitio n for such a special meeting shall be signed by not less than on e fifth of the total number of voters of the Gram Panchayat and shall be delivered to the District Panchayat Raj Officer. The District Pancha yat Raj Officer shall, within seven days from the date of receipt o f the requisition, fix a meeting of voters of Gram Panchayat at any place within the Gram Panchayat area. The meeting shall be held within 15 days from the date of issue of the notice of the meeting. The mee ting shall be presided over by the District Panchayat Raj Officer : Provided that during the first two year period o f the tenure, no such motion of no confidence shall be moved against the Mukhiya. Provided further that if the motion of no confid ence against the Mukhiya is once rejected, no fresh motion of no con fidence against the Mukhiya shall be brought within a period of one year from the date of such rejection of the motion; Provided further that no motion of no confidence ag ainst Mukhiya shall be brought during the last six months of the term of Gram Panchayat. (ii) Removal of Up-Mukhiya by no confidence motion —Every Up- Mukhiya shall be deemed to have vacated his office forthwith if a 19 resolution expressing want of confidence in him is passed by a simple majority of the total number of elected members of the Gram Panchayat and Mukhiya at a meeting especially conve ned for the purpose. The requisition for such a special meeting shall be signed by not less than one third of the total number of elec ted members of the Gram Panchayat and shall be delivered to the Mukhiy a. The Mukhiya shall, within 7 days from the date of receipt of the requisition, convene a special meeting of the Gram Panchayat in the offi ce of the Gram Panchayat for discussion on the motion and shall al so preside over the meeting : Provided that during the first two year period o f the tenure, no such motion of no confidence shall be moved against the Up- Mukhiya. Provided further that if the motion of no confid ence against the Up-Mukhiya is once rejected, no fresh motion of no confidence against the Up-Mukhiya shall be brought within a pe riod of one year from the date of such rejection of the motion; Provided further that no motion of no confidence against Up- Mukhiya shall be brought during the last six months before the expiry of the term of Gram Panchayat. (5) Without prejudice to the provisions under this Act, if, in opinion of the Commissioner having territorial jurisdiction over the Gram Panchayat, a Mukhiya or an Up-Mukhiya of Gram Panchayat absent s himself without sufficient cause for more than three consec utive meetings or sittings or willfully omits or refuses to perform h is duties and functions under this Act, or abuses the power vested in him o r is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is 20 absconding being an accused in a criminal case for more than six months, the Commissioner may, after giving the Mukh iya or Up- Mukhiya a reasonable opportunity for explanation, b y order, remove such Mukhiya or Up-Mukhiya, as the case may be, from office. The Mukhiya or Up-Mukhiya so removed shall not b e eligible for re-election as Mukhiya or Up-Mukhiya or Member of Gram Panchayat during the remaining term of office of such Gram Panchayat. (6) Appeal shall lie before the Member, Board of Revenue against the order of the Commissioner. 19. Resignation of Members of the Gram Panchayat — A member of Gram Panchayat may resign his membership in writing unde r his hand addressed to the Mukhiya of the Gram Panchayat and his Office shall become vacant on the expiry of seven days from the date of such resignation unless within the said period of seven days, he withdraws such resignation by writing under his hand addressed to the Mukhiya. 20. Meeting of Gram Panchayat — (1) A Gram Panchayat shall meet for the transaction of its business at least once in two mo nths at the office of the Gram Panchayat and at such date and time as the Muk hiya may determine. (2) The Mukhiya may, whenever he thinks fit, and sh all upon the written request of not less than one-third of the total num ber of elected members of the Gram Panchayat, on a date within fif teen days from the receipt of such request, call a special meeting. (3) Seven clear days’ notice of an ordinary meetin g and three clear days’ notice of a special meeting specifying the place, d ate and time of such meeting and the business to be transacted ther eat, shall be given by the Panchayat Secretary to the members and to such officers as the Government may prescribe, and it sh all be affixed on the notice board of the Gram Panchayat. 21 (4) The officers to whom notice is given under sub -section (3) and other Government Officers having jurisdiction over the Gr am Panchayat area or any part thereof shall be entitled to atten d every meeting of the Gram Panchayat and take part in the proceedings but shall not have the right to vote. (5) If the Mukhiya fails to call a special meeting as provided in sub- section (2), the Up-Mukhiya or, in his absence, one -third of the total number of members may call such a meeting on a day not more than fifteen days thereafter and require the Panchayat S ecretary to give notice to the members and to take such action as ma y be necessary to convene the meeting. 21. Quorum and Procedure — (1)The quorum for a meeting of the Gram Panchayat shall be half of the total number of memb ers. If, at the time appointed for the meeting, a quorum is not complete or if the meeting has begun and attention is drawn to the want of quorum the presiding officer shall wait for one hour, and if within such period there is no quorum, the presiding officer shall adjourn the meeting to such time on the following day or such future day as he may fix. The business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the subsequent ad journed meeting or meetings for which the same quorum of half of the t otal number of members shall be required. (2) All questions shall, unless otherwise specifica lly provided, be decided by a majority of votes of the members present and v oting. The Mukhiya or Up-Mukhiya as the case may be, presiding over the meeting, unless he refrains from voting, shall give his vote before declaring the number of votes for and against a que stion and in case of equality of votes, he may give his casting vote. 22 (3) No member of a Gram Panchayat shall vote on, o r take part in the discussion of, any question coming up for considera tion at a meeting of the Gram Panchayat, if the question is one in wh ich, apart from its general application to the public, he has any pecun iary or personal interest and if the person presiding has such an in terest, he shall not preside over the meeting when such question comes u p for consideration. (4) If any member present at the meeting believes that the person presiding has any pecuniary or personal interest in any matter under discussion, and if a motion to that effect be carried, the latter shall not preside over the meeting during such discussion or vote on or take part in it. Any member of the Gram Panchayat may be chosen to preside at the meeting during the continuance of such discussion. 22. Functions of Gram Panchayat — Subject to such condition as may be prescribed by the Government from time to time, the Gram Panchayat shall perform the functions specified below : (i) General Functions. — (1) Preparation of annual plans for the development of the Panchayat area; (2) Preparation of annual budget; (3) Power to take up relief works during natural ca lamities; (4) Removal of encroachments on public properties; (5) Organising voluntary labour and contribution fo r community works; (6) Maintenance of essential statistics of village( s). 23 (ii) Agriculture, including Agriculture Extension. — (1)Promotion and development of agriculture and horticulture; (2) Development of waste lands; (3) Development and maintenance of grazing lands an d preventing their unauthorised alienation and use. (iii) Animal Husbandry, Dairy and Poultry — (1) Improvement of breed of cattle, poultry and other livestock; (2) Promotion of dairy farming, poultry and pigge ry; (3) Grassland development. (iv) Fisheries. — Development of fisheries in the village(s). (v) Social and Farm Forestry, Minor Forest Produce, Fuel and Fodde — (1) Planting and preservation of trees on the sides of roads and other public lands under its control. (2) Fuel plantations and fodder development; (3) Promotion of farm forestry; (4) Development of Social Forestry. (vi) Khadi, Village and Cottage Industries — (1) Promotion of rural and cottage industries; (2) Organisation of awareness camps, seminars and t raining programmes, agricultural and industrial exhibitions for the benefit of rural areas. 24 (vii) Rural Housing — (1) Distribution of house sites within its jurisdiction. (2) Maintenance of records relating to house sites and other private and public properties. (viii) Drinking Water — (1) Construction, repair and maintenance of drinking water wells, tanks, ponds and hand pumps; (2) Prevention and control of water pollution; (3) Maintenance of rural water supply schemes. (ix) Roads, Buildings, Culverts, Bridges, Ferries, Water ways and other means of communication — (1) Construction and maintenance of village roads, drains and culverts; (2) Maintenance of buildings under its control or t ransferred to it by the Government or any public authority; (3) Maintenance of boats, ferries and waterways. (x) Rural Electrification, including distribution of el ectricity and providing for and maintenance of lighting public streets and other places. (xi) Non-Conventional Energy Sources — (1) Promotion and development of non-conventional energy schemes; (2) Setting up, development and maintenance of comm unity non- conventional energy devices; (3) Propagation of other energy efficient devices. (xii) Poverty Alleviation Programmes — (1) Promotion of public awareness and participation in poverty alleviation programmes for fuller employment and creation of productive assets; 25 (2) Selection of beneficiaries under various progra mmes through Gram Sabhas; (3) Participation in effective implementation and m onitoring of poverty alleviation programmes. (xiii) Education, including primary and secondary school e ducation — (1) Promotion of public awareness and participation in primary and secondary education; (2) Ensuring full enrollment and attendance in prim ary schools and their management. (xiv) Adult and non-formal education — Promotion of mass literacy. (xv) Libraries — Village libraries and reading rooms. (xvi) Cultural and Sports Activities — Promotion of social, cultural and sports activities. (xvii) Markets and Fairs. — Regulation and management of fairs (including cattle fairs) and festivals. (xviii) Rural Sanitation and Environment — (1) Maintenance of general sanitation; (2) Cleaning of public roads, drains, tanks, wells and other public places; (3) Maintenance and regulation of burning and buria l grounds; (4) Construction and maintenance of public latrines ; (5) Disposal of unclaimed corpses and carcasses; (6) Management and control of washing and bathing g hats. (7) Upgradation of environment and prevention of it s degradation 26 (xix) Public Health and Family Welfare — (1) Implementation of family welfare programmes and Public Health Centers; (2) Prevention of and taking remedial measures agai nst epidemics; (3) Regulation of sale of meat, fish and other peri shable food articles; (4) Participation in programmes of human and animal vaccination; (5) Licensing of eating and entertainment establish ments; (6) Regulation of curing, tanning and dyeing of ski ns and hides; (7) Regulation of offensive and dangerous trades. (xx) Women and Child Development — (1) Participation in the implementation of women and child welfare programmes; (2) Promotion of education, health and nutrition pr ogrammes. (xxi) Social Welfare including welfare of the physically and mentally challenged (1) Participation in the implementation of the soc ial welfare programmes, including welfare of physically and men tally challenged persons as well as destitutes; (2) Monitoring of the old-age and widows’ pension s chemes. (xxii) Welfare of the Weaker Sections and in particular th e Scheduled Castes and Scheduled Tribes — (1) Promotion of public awareness with regard to welfare of Scheduled Castes, Schedul ed Tribes and other weaker sections; (2) Participation in the implementation of the spec ific programmes for the welfare of the weaker sections. 27 (xxiii) Public Distribution System — (1) Promotion of public awareness with regard to the distribution of essential commodities; (2) Monitoring the public distribution system. (xxiv) Maintenance of Community Assets — (1) Maintenance of community assets belonging to the Gram Panchayat; (2) Preservation and maintenance of other community assets. (xxv) Construction and maintenance of Dharmshalas, Hostel s and similar institutions. (xxvi) Construction and maintenance of cattle sheds, pound s and cart stands. (xxvii) Construction and maintenance of slaughter houses. (xxviii) Maintenance of public parks, playgrounds, etc. (xxix) Regulation of garbage bins in public places. (xxx) Establishment and control of huts and sheds, and (xxxi) Such other functions as may be entrusted. 23. Assignment of Functions to Gram Panchayat (1) The Government may, by notification and subject to such conditions as may be specified therein — (a) transfer to any Gram Panchayat the management a nd maintenance of a forest situated in the Panchayat area; (b) make over to the Gram Panchayat the management of waste lands, pasture lands or vacant lands belonging to the Gove rnment, situated within the Panchayat area; 28 (c) Entrust to the Gram Panchayat the collection o f land revenue on behalf of the Government and the maintenance of suc h records as are connected therewith; and (d) Entrust such other functions as may be prescrib ed : Provided that no entrustment under clause (c) shall be made without the concurrence of the Gram Panchayat concerned : Provided further that when any transfer of the mana gement and maintenance of a forest is made under clause (a) th e Government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such fore st be placed at the disposal of the Gram Panchayat. (2) The Government may, by notification, modify, ch ange or withdraw the functions assigned under this Section. 24. General powers of the Gram Panchayat — A Gram Panchayat shall have powers to do all acts necessary for or inciden tal to the carrying out of the functions entrusted, assigned or delegated to it and in particular and without prejudice to the foregoing powers, to exerc ise all powers specified under this Act. 25. Standing Committees of Gram Panchayat — (1)A Gram Panchayat shall constitute the following committees by electi on from among its members for effective discharge of its functions - (i) Planning, Co-ordination and Finance Committee: for performing general functions relating to Gram Panchayat includ ing subjects mentioned in section 22, co-ordination of the work of other committees and all residuary functions not under th e charge of other committees. 29 (ii) Production Committee - for performing function s relating to agriculture, animal husbandry, dairy, poultry and f isheries, forestry- related areas, khadi, village and cottage industrie s and poverty alleviation programmes. (iii) Social Justice Committee: for performing func tions relating to : a. Promotion of educational, economic, social, cult ural and other interests of Scheduled Castes, Scheduled Tribes and other weaker sections. b. Protection of such castes and classes from socia l injustice and all forms of exploitation. c. Welfare of women and children. (iv) Education Committee - for performing functions relating to education, including primary, secondary and mass education, li braries and cultural activities. (v) Committee on Public Health, Family Welfare and Rural Sanitation - for performing functions relating to public health, family welfare and rural sanitation. (vi) Public Works Committee - for performing functi ons relating to all kinds of constructions and maintenance including rural ho using, sources of water supply, roads and other means of communicatio n, rural electrification and related works. (2) Each committee shall consist of not less than t hree and not more than five members including the Chairman. Each committee can co-opt not more than two members from among experts or public spirited persons for effective discharge of its responsibilities. (3) The Mukhiya shall be the ex-officio member and chairman of the Planning, Co-ordination and Finance Committee and s hall nominate a chairman of each committee from among its elected m embers. Mukhiya shall not hold charge of chairman of more t han three 30 committees including the Planning,Co-ordination and Finance Committee. Provided that each committee shall have at least on e woman member and further, social justice committee shall have a member belonging to the Scheduled Castes or Scheduled Trib es, subject to availability. (4) As far as possible, no elected member of the G ram Panchayat shall serve on more than three committees. (5) Panchayat Secretary shall be the secretary of t he Planning, Co- ordination and Finance Committee. For other Standin g Committees the District Magistrate or any other officer author ised by him in this behalf shall nominate a Government servant to function as secretary. (6) The standing committees shall perform the funct ions referred to above under the general guidance, supervision and c ontrol of the Gram Panchayat. 26. Property and Funds of Gram Panchayat : — (1) A Gram Panchayat shall have the power to acquire, hold and dispose o f property and to enter into contract, Provided that in all cases of disposal of immovabl e property by the Gram Panchayat, it shall obtain the prior approval of the Government. (2) All property within the local limits of the jur isdiction of Gram Panchayat of the nature hereinafter in this section specified, other than property belonging to or maintained by the Cen tral or the State Government or a local authority or any other Gram P anchayat, shall vest in and belong to the Gram Panchayat, and shall with all other property of whatsoever nature or kind which may bec ome vested in 31 the Gram Panchayat, be under its direction, management and control, that is to say— (a) All general properties; (b) All public streets, including the soil, stones and other materials thereof and all drains, bridges, culverts, trees, e rection materials, implements and other things provided for such streets; (c) All public channels, water courses, springs, ta nks, ghats, reservoirs, cisterns, wells, aquaducts, conduits, t unnels, pipes, pumps and other water works whether made, laid or e rected at the cost of the Gram Panchayat or otherwise, and al l bridges, buildings, engines, work, materials, and things con nected therewith or appertaining thereto and also any adja cent land (not being private property) appertaining to an
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