LexThe Jharkhand Panchayat Raj Act, 2001_English
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THE JHARKHAND GAZETTE
EXTRAORDINARY ISSUE
PUBLISHED BY THE GOVERNMENT OF JHARKHAND
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No. 94 : The 20th Baisakh, 1923 Shaka Year
Ranchi, Thursday, the 10th May, 2001.
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Law (Legislative) Department
Notification
The 10th May, 2001.
No. L.G. - 04/2001, Leg : 11 - The following Act of the Jharkhand Legislature,
to which the Governor has given assent on the 2 3rd April, 2001, is hereby published
for information of the general public.
By order of the Governor of Jharkhand.
Prashant Kumar
Joint Secretary
Law (Legislative) Department,
Jharkhand, Ranchi.
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Jharkhand Panchayat Raj Act, 2001
[Jharkhand Act - 06 of 2001]
An Act to provide regulating provisions for the establishment of Panchayat Raj
in State of Jharkhand. Be it enacted by the Legislature of the State of Jharkhand in the
fifty second year of the Republic of India as follows :-
Chapter - I
Short Title and Definitions
Section 1
Short title, extent and commencement :-
(i). This Act may be called The Jharkhand Panchayat Raj Act, 2001.
(ii) It extends to the whole of th e State of Jharkhand except the areas to which
provisions of the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of
1952); Bihar & Orissa Municipal Act, 1922 (Bihar Act VII of 1922) or
Cantonment Act, 1924 (Act II of 1924) apply.
(iii) It shall come into force on such date as the Jharkhand Government may, by
notification in the official gazette, appoint and different dates may be
appointed for different areas and for different provisions.
Section 2
Definitions : In this Act unless there is anything repugnant in this context :
(i). "Population" means the population as ascertained at the last preceeding
census of which the relevant figures have been published;
1[Provided that Population of other backward classes means the
population of other backw ard classes ascertained on the basis of last
preceding census figures by the procedure prescribed by the State
Government.]
1[Provided further, that if the State Government has not ascertained the
population of other backward classes on the basis of last p receding Census
figures as per the prescribed procedure then the population of other backward
classes is deemed to be assessed by assuming the villagewise percentage
population of other backward classes as ascertained by survey on the basis of
figures just preceding to the last preceding census fixed.]
(ii) "Village" means a village specified by the State Government, by
notification in the official gazette to be a village for the purposes of this
Act, and includes a village or a group of villages/ Tolas so spe cified. The
word "village" includes a revenue village; but in the scheduled area, a
1 Ins. by Jharkhand Act, 06, 2006 -2
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'village' means any such village in The scheduled area in which there will
ordinarily be a residence or a group of residences, or a tola or a group of
tolas, comprising s uch community which manages its activities according
with its customs and usages;
(iii) "Gram Sabha" means a body consisting of persons registered in the
electoral rolls relating to a village comprised within the area of the Gram
Panchayat and constituted under section 3;
(iv) "Gram Panchayat" means a Gram Panchayat constituted under section 12;
(v) "Panchayat Area" means territorial area of a Panchayat constituted under
this act;
(vi) "Member" means an elected/nominated member of any Regional/ territorial
constituency of a Gram Panchayat, Panchayat Samiti or Zila Parishad;
(vii) "Mukhia" means a Mukhia of a Gram Panchayat elected un der the
provisions of this Act;
(viii) "Up-Mukhia" means an Up-Mukhia of a Gram Panchayat elected under the
provisions of this Act;
(ix) "Panchayat Samiti" means a Panchayat Samiti constituted under section 32
of this Act;
(x) "Block" means such local area in a district which the State Government may
constitute to be a block;
(xi) "Pramukh" means a Pramukh of Panchayat Samiti elected under this act;
(xii) "Up-Pramukh" means an Up -Pramukh of Panchayat Samiti elected under
this Act;
(xiii) "District" means a district as notified by the State Government to be a
district;
(xiv) "Zila Parishad" means a Zila Parishad of a district c onstituted under section
47 of this Act;
(xv) "Adhyaksha" means an Adhyaksha of Zila Parishad elected under the
provisions of this Act;
(xvi) "Upadhyaksha" means an Upadhyaksha of Zila Parishad elected under the
provisions of this Act;
(xvii) "Election" means an election to fill up a seat or seats in a Panchayat;
(xviii) "Election Proceedings " means proceedings that start with issuance of
notification for election and comes to an end with declaration of result
thereof;
(xix) "State Election Commission " means a State Election Commission
constituted by the Governor under section 66 of this Act in the light of Article
243 K (1) of the constitution;
(xx) "Secretary" means Secretary appointed in prescribed manner by the
prescribed authority for Gram Panchaya t, Panchayat Samiti and Zila Parishad
under this Act;
(xxi) "Assistant Secretary " means an officer especially appointed by the State
Government through the Panchayat Raj Directorate , who shall discharge
duties as prescribed;
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(xxii) "Block Development Offic er" means an officer appointed as such by the
State Government;
(xxiii) "Sub Divisional Officer " means the Magistrate -in-Charge of a sub division
in which a Gram Panchayat has been established and includes any other
Magistrate who may be specially appoint ed by the Government to discharge
all or any of the functions of (The Sub Divisional) Magistrate under this Act;
(xxiv) "Executive Officer" means an Executive Officer of a Panchayat Samiti,
appointed under the provisions of this Act;
(xxv) "District Panchayat Raj Officer" means an officer appointed as such by the
State Government;
(xxvi) "Chief Planning Officer " means a District Planning Officer appointed as
such by the State Government;
(xxvii) "Chief Executive Officer " means a Chief Executive Officer of a Zila
Parishad appointed by the State Government under the provisions of this Act;
(xxviii) "District Magistrate " means a District Magistrate or a Deputy
Commissioner 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;
(xxix) "Commissioner" means the Divisional Commissioner or such other officer
as may be especially appointed by the Stat e Government to exercise the
powers of a Commissioner under this Act;
(xxx) "Director" means a Director appointed as such by the State Government;
(xxxi) "Government" means the State Government of Jharkhand;
(xxxii) "Prescribed" means prescribed under this Act or Rules made hereunder;
(xxxiii) "Prescribed Authority " means an officer of a particular rank and
designation appointed by the State Government under this Act or Rules made
there under;
(xxxiv) "Notification" means a notification published in the state or District Gazette;
(xxxv) "Scheduled Area " means a scheduled area referred to in Clause (1) of
Article 244 of the Constitution of India;
(xxxvi) "Other Backward Classes " means all such classes as have been specified
by the State Government;
(xxxvii) "Public Servant " means a public servant as defined in section 21 of the
Indian Panel Code (I.P.C. 45 of 1860);
(xxxviii) "Public Market" or "Public Fair" means a market or a fair, as the case may
be, notified under section 83 of this Act;
(xxxix) "Public Property" or "Public Land " means such public building, garden,
orchard or other place where people for the time being, either on making any
payment or otherwise, make use of it or have permission of access;
(xxxx) "Public Road " means such a road, footpath , street, lane, flank or passage
over which people have the right of movement;
(xxxxi) "Cooperative Society" means a society mentioned by the State Government
in the Act relating thereto;
(xxxxii) "Standing Committee " means a standing committee constitute d under this
Act;
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CHAPTER - II
GRAM SABHA
Section 3
(i) For the purposes of this Act, a District Magistrate on direct ion of the State
Government may, by notification in the District Gazette, specify a village or a
group of villages as gram 1[Sabha] but, where a Gram Sabha is constituted for
a group of villages, name of the village having the largest population shall be
specified as that Gram Sabha;
(ii) GRAM SABHA means a body consisting of persons registered in the
electoral rolls relating to a r evenue village comprised within a Gram
Panchayat area;
(iii) GRAM SABHA in a scheduled area: - Ordinarily there shall be one GRAM
SABHA for a village but if members of a Gram Sabha in a scheduled area , so
desire they may constitute more than one Gram Sabh a in a village in the
manner which may be prescribed and in the area of each s uch Gram Sabha
there shall be residence and group of residences or small villages or
villages/group of tolas comprising of communities which shall manage their
activities in according with customs and usages.
Section 4
(a) Electoral Roll (Voters List) - There shal l be a voters' list for each village
specified under 2[section-2(ii)], which shall be prepared according to the
provisions of this Act and Rules made thereunder.
(b) Registration of Voters -
(i) Every such person, who is eligible to be registered in the electoral Roll
of the legislative Assembly relating to that village or whose name is
entered therein and who is an usual resident of that village, shall be
entitled to be registered in the voters' list of that village;
(ii) Provided that, no person shall be entitled to be registered in more than
one village's voters list.
(iii) Provided that no person shall be entitled to be registered in the voters list
if he is registered in the Elector al Roll relating to any other local
authority.
(C) Voters of a Panchayat -
All the persons whose names are entered as voter s in that much part of
the then in force voters' list or lists of the state Legislative Assembly
1 Subs. by Jharkhand Act 7 of 2002 - 2
2 Subs. by Jharkhand Act 12 of 2003 - 2
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constituency, as is related to the territorial constituency of a Gram Panchayat,
shall be voters in the Panchayat election concerned.
Section 5
Meetings of Gram Sabha -
The Gram Sabha shall meet time to time but not more than three months shall
intervene in between any two meeting; provided on a demand in writing being made
by one-third members of the Gram Sabha, if it be required by the Panchayat Samiti;
Zila Parishad or Deputy Commissioner/District Magistrate, an extraordinary meeting
may be called within 30 days of Such requirement.
Section 6
Convening of Meetings -
(i) A notice of the meeting shall be pasted on the notice -board of the Gram
Panchayat Office and the same shall adequately be brought to the notice of the
public by means of publicity (such as Dugdugi, Drum and Loudspeakers);
(ii) It shall be the responsibility of the Mukhia to convene and conduct the
meetings of the Gram Sabha. In case 1[Mukhia] fails to convene the meeting as
specified under the Act, the Executive Officer of the Pa nchayat Samiti or the
Prescribed Officer of the Panchayat authoriz ed by him on this behalf shall
convene such meetings;
Provided that in case he fail s to call meetings at intervals as specified
under the Act, he shall be deprived of holding the office of Mukhia;
Provided also that no order shall be passed by the officer prescribed
under this sub -section against the Mukhia unless he is given reasonable
opportunity of hearing.
Section 7
Quorum -
(i) The quorum for a meeting shall be 1/10 th of the tot al members of the Gram
Sabha, out of which at least 1/3rd shall be women;
Provided that in a scheduled area, the quorum for a meeting shall be
1/3rd of the total members of the Gram Sabha, out of which at least 1/3 rd shall
be women.
(ii) If at the time appointed for the meeting, members are not present to fulfill the
required quorum the person presiding the meeting shall adjourn the meeting to
such a future date and time as he may appoint and a fresh notice shall be given
in the prescribed manner and no quorum shall be required for such an
adjourned meeting;
Provided that no new subject shall be taken up for consideration in such
a meeting.
1 Ins. by Jharkhand Act 7 of 2002 - 3
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Section 8
Presiding Officer -
(i) Every meeting of the Gram Sabha shall be presided over by the Mukhia of the
concerned Gram Panchayat and in his absence by the up-Mukhia;
(ii) In case of absence of both the Mukhia and the Up -Mukhia in the meeting, the
meeting of the Gram Sabha shall be presided over by such a member of the
Gram Sabha who would be elected f or the purpose the majority of the
member present in the meeting;
(iii) PRESIDING OVER OF ME ETINGS OF GRAM SABHA S IN
SCHEDULED AREA - Meeting of Gram Sabha in scheduled area shall be
presided over by such a person belonging to any of the Scheduled Tribes of
the Gram Sabha who is neither Mukhia, Up -Mukhia nor a member of the
Panchayat, and who is recognized as Gram Pradhan in that area as per
prevalent custom such as Manjhi, Munda, Pahan, Mahto or by any other
name or by the person proposed by them or nominate d/supported by the
general consensus of the members present in the meeting.
1[Provided also that in a Gram Sabha in which there is a respected
person according to the custom and usage prevalent from traditions who is the
Gram Pradhan (Head of the village) e.g. Manjhi, Munda, Pahan, Mahto or
called by any other name and is not a member of the Scheduled Tribe, then a
meeting of the Gram Sabha in the scheduled areas shall be presided over by
him, or if there be any member of the Scheduled Tribe in the said ar ea, then by
such person on being proposed by the Gram Pradhan or nominated/supported
by a majority of votes of the members present in the meeting, and if there be no
members of the Scheduled Tribe then, by a person not belonging to the
Scheduled Tribe, who is proposed or nominated / supported in this behalf.]
Section 9
In case of dispute over right of a person to be present in a meeting of the
Gram Sabha, the person presiding over the meeting shall decide the dispute in
light of the entry in the voter's list of that particular Gram Sabha area and the
said decision of his shall be final.
Section 10
Powers and functions of Gram Sabha and its annual meeting -
1. Subject to the rules made by t he State Government for the purpose and under
the general or specific orders to be issued by the State Government from time-
to-time the Gram Sabha shall perform the following functions, namely -
(a) (i) Identification of economic developmental schemes for the village
and formulation of criteria for fixing their priorities.
1 Ins. by Jharkhand Act 12 of 2003 - 3
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(ii) Approval of schemes for social and economic development including
all the annual schemes pertaining to the Gram Panchayat, before
implementation of programmes and projects;
(iii) Discussions on annual budget of the Gram Panchayat and making
recommendations thereto;
(iv) Deliberations on audit report and annual accounts of the Gram
Panchayat;
(v) Determination and confirmation of appropriate utilization of funds
for the schemes, programmes and projects specified under section
10(1) (a) (2) by the Gram Panchayat;
(vi) Identification and selection of persons as beneficiaries under poverty
alleviation and other programmes;
(vii) Ensuring distribution of funds or res ources among beneficiaries and
their proper use;
(viii) Activating people towards community welfare programmes and
receiving contributions in cash or kind or in both and participation of
voluntary workers;
(ix) Enhancing general conscious ness, unity and amity among people in
general;
(x) Keeping control through Gram Panchayat over such organizations
and such functionaries in social sectors, as have been transferred to
the Gram Panchayat or appointed by the Gram Panchayat;
(xi) Managing natural resources such as land, water, forest falling within
the limits of the village area according to the constitution and other
relevant laws then in force;
(xii) Giving advice to the Gram Panchayat as to regularization and
utilization of small reservoirs;
(xiii) Keeping watch over local schemes and over sour ces and expenditure
of the said schemes;
(xiv) Sanitation and conservancy as well as prevention and solution of
nuisance;
(xv) Construction, repair and maintenance of public wells and ponds as
well as making available drinking water for domestic use;
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(xvi) Making available and maintaining water sources for bathing,
washing and for drinking purposes of domestic animals;
(xvii) Construction and maintenance of rural roads, culverts, bridges,
embankments and other works and buildings of public utility.
(xviii) Construction, maintenance and conservancy & cleanliness of public
roads, cesspits, drains and other public places;
(xix) Filling up of wells not in use in sanitary ponds, ditches and holes;
(xx) Providing light on village paths and other public places;
(xxi) Removal of hindrances and projections to public streets and places as
well as the spaces which are not private properties or which are open
for public use whither such places are vested in the Panchayat or
belong to the State Government;
(xxii) Regulating and controlling recreations, games -shows, shops, eating
houses and vendors of beverage, sweets, fruits, milk and similar
other articles;
(xxiii) Regulating construction of houses, cesspits urinals , drains and flus h
latrines;
(xxiv) Management of public land, extension and development of village
site;
(xxv) Disposal of corpses, carcasses (including those unclaimed) and other
obnoxious articles in such a way that the same may not be injurious
to health;
(xxvi) Providing places separately for dumping rubbish;
(xxvii) Responsibility for sale and test of meat;
(xxviii) Taking care of the Gram Sabha-properties;
(xxix) Establishment and management of cattle ponds and maintenance of
records regarding cattle;
(xxx) Taking care of ancient and historical monuments other than those
which have been declared to be of national importance and
maintaining grazing grounds and other lands lying within control of
the Gram Sabha;
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(xxxi) Maintaining records of births, deaths and marriages;
(xxxii) Assisting in census or other surveys done by the centre, state or other
organizations constituted lawfully;
(xxxiii) Giving assistance in control of contagious diseases, vaccination work
etc.;
(xxxiv) Helping the disabled and destitute (including women and children);
(xxxv) Expansion of youth welfare, family welfare and sports;
(xxxvi) An afforestation and conservation of village forestry;
(xxxvii) Abolition of social evils like dowry;
(xxxviii) Implementation of orders of the State Government or other
competent officers to improve the condition of Scheduled Castes ,
Scheduled Tribes, Backward Classes and to prevent untouchability;
(xxxix) Preparing schemes for basic amenities and making arra ngements
therefore;
(xl) Helping disabled women/children;
(xli) Execution of work assigned by Panchayat Samiti, Zila Parishad;
(xlii) Execution and supervision of construction work as per specified
schemes within the Gram Sabha area;
(xliii) Exercise and discharge of powers and functions assigned by the State
Government under this Act or any other law in force in the State for
the time being.
(b) For discharging these functions and duties the Gram Sabha may constitute
the following standing committees, namely :-
(i) Village Development committee,
(ii) Government estate committee,
(iii) Agriculture committee,
(iv) Health Committee,
(v) Gram Raksha Samiti,
(vi) Infrastructure committee,
(vii) Education committee and social justice committee,
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(viii) Vigilance committee.
(c) Reservation of seats, term of office, resignation, procedure for removal,
conduct of business, eligibility for being a member, meeting, manner of filling
vacancy, selection of s ecretary and procedure of Stan ding Committees shall be
as may be prescribed by the prescribed authority;
(d) Village Development committee shall prepare a scheme for all -round
development of the village and shall be presented before the Gram Sabha for its
approval;
(e) Every Gram S abha may establish a fund which by consisting of the following
four parts, shall be known as Gram Kosh (Village fund):-
(i) Grain Fund,
(ii) Labour Fund,
(iii) Commodity Fund,
(iv) Cash Fund,
In which the following shall be deposited:-
(a) Donations,
(b) Incentive amounts,
(c) Other incomes.
(f) Gram Kosh (Village Fund) shall be kept in such a manner and maintained in
such a way and from as may be prescribed.
2. Annual Meeting of Gram Sabha : -
Gram Panchayat shall put also place the following matter before the
annual meeting of the Gram Sabha, w hich shall be held at least thre e months
before the commencement of the next financial year:-
(i) Annual account return, administrative report of the preceding financial
year, last audit report and reply if any given within regard thereto.
(ii) Programmes relating to development and other works proposed for the
next financial years;
(iii) Annual budget of the Gram Panchayat and annual plan for the next
financial year;
(iv) Report of the vigilance committee;
(v) Explanation called for from Mukhia and members of the Gram
Panchayat in respect of any particular activities, scheme, income and
expenditure;
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3. Gram Panchayat Shall also place before the Gram Sabha the matters which
may be required by the Panchayat Samiti, Zila Parishad, Deputy
Commissioner/District Magistrate or any other officer authorized in this behalf;
4. Gram Panchayat shall under this section implement the recommendation s
made, if any, by the Gram Sabha in respect of the matt ers before it, in the light
of the rules of the State Government in force for the time being.
5. Additional powers and functions of Gram Sabha in scheduled area -
(i) It shall protect and preserve the traditions and customs of people their
cultural identity and community resource means (Sarna, Masna, 1[Jaher-
Than] etc.) and their customary manners of redressal of disputes, which
are not inconsistent with constitution view point, and when needed may
for the sake of extending co -operation in this regard, it may bring
proposals as required in the prescribed manner to enlist co -operation
before Gram Panchayat, Panchayat Samiti, Zila Parishad and State
Government.
(ii) the spirit of other relevant laws in force for the time being; It may
manage the natural resources including land, water and forest within the
village areas according to its tradition but in accordance with the
provisions of the constitution and duly keeping in view
(iii) It may provide for local schemes in which tribal sub -schemes are
included and sources and costs for such schemes;
(iv) It shall exercise such other powers and discharge such functions as the
State Government may assign or delegate to it under any law in force for
the time being;
(v) Gram Sabha, through the Gram Panchayat, shall manage Bazaars of the
villages, and fairs includin g cattle fair, irrespective of their name by
which they are known.
6. In addition to functions specified under section 10 (1) (a) and additional powers
and functions of Gram Sabha in scheduled area mentioned under section 10(5),
the State Government may from time to time ascertain other additional powers
and functions for Gram Sabha in scheduled area.
7. Gram Sabha shall be at liberty to c onsider any subject related with the
functions of the Gram Panchayat and the Gram Panchayat shall implement its
recommendations in the light of the rules in force for the time being.
8. Functions of the Gram Sabha mentioned in Section 10(1) (a) and section 10 (5)
shall not affect the Government Acts/Rules and i ts jurisdiction for the time
being in force.
1 Subs. by Jharkhand Act, 07, 2002 - 5
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9. The State Government may, by general or special order increase the functions
and duties delegated to the Gram Sabha or may withdraw the same.
CHAPTER - III
Constitution of Panchayats -
Section 11
Constitution of Panchayats - For the purposes of this Act there shall be
constituted -
1. Gram Panchayat for village,
2. Panchayat Samiti for a Block, and
3. Zila Parishad for a district.
Note (Section - 11)
1. Three tier Panchayat Raj Rule under section (11 ), a Panchayat Raj Rule has
been established by setting up Panchayat at three levels. With the establishment
of an important foundational unit of Gram Panchayat under the Panchayat Raj
system as per law and with the establishment of Gram Sabha comprising t he
area thereof, co -operation of the specified village in its administrative and
developmental work has been assured under the Panchayat Raj system, and
Gram Panchayats have been connected with a Panchayat Samiti, and Panchayat
Samities with a Zila Parisha d. But, they have independent entity and separate
statutory bodies, and have different functions.
Section 12
Gram Panchayat -
1[ Every such village, which has been specified as a village for the purposes of
this Act under section 2(ii) shall be under a Gram Panchayat.]
Section 13
Declaration of Gram Panchayat area -
1. Subject to the general or special orders of the State Government, the District
Magistrate may, b y notification in the District G azette, declare any local area
comprising of a village or a group of contiguous villages /groups or tolas or part
thereof to be a Gram Panchayat area with a population within its territory , as
nearly as five thousand, in perspective of the entire State.
2. The Gram Panchayat shall be specified by the na me of the village having the
largest population.
1 Subs. by Jharkhand Act 12 of 2003 - 4
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population of each te rritorial constituency possibly be near about 500 and so far as
practicable be the same throughout the panchayat area.
1 [(ii) One member shall be elected from every territorial constituency of the gram
panchayat by direct election in the prescribed manner.]
Section 17
Reservation of seats in the gram Panchayat -
(A) For members of the Gram Panchayat (general area)
1. In every Gram Panchayat seats shall be reserved for
(a) Scheduled Castes and
(b) Scheduled Tribes, the number of seats so reserved shall bear as nearly as
may be the same proportion to the total number of seats to be filled up
by direct election in that Gram Panchayat as the population of Scheduled
Castes and Scheduled Tribes in the said Gram Panchayat area bears to
the total population of tha t area, and such seats shall be allotted by
rotation in the prescribed manner to different territorial constituencies
(wards) in the Panchayat by the State Election Commission.
2. In case of the overall reservation for Scheduled Castes and Scheduled Tribes
being less than 50 percent of the total number of members in a Gram
Panchayat, the reservation falling short of 50 percent shall be made for other
Backward Classes in proportion to their population provided that overall
reservation for Scheduled Castes , Scheduled Tribes and other Backward
Classes shall not exceed 50 percent of the total number of posts.
3. In every Gram Panchayat, out of the seats reserved for Scheduled Castes
Scheduled Tribes and other Backward Classes , 3[not less than fifty percent]
seats shall be reserved for women belonging to Scheduled Castes , Scheduled
Tribes and other Backward Classes, as the case may be.
4. In every Gram Panchayat, out of the total number of seats to be filled up by
direct election, at 3[not less than fifty perc ent] seats (including the number of
seats reserved for women belonging to Scheduled Castes, Scheduled Tribes and
other Backward Classes) shall be kept reserved for women and such seats shall
be dully allotted by rotation by the State Election Commission.
5. Such territorial constituencies (wards) having no population of Scheduled
Castes, Scheduled Tribes or other Backward Classes, shall, as the case may be,
excluded from a llotment of seats reserved for Scheduled Castes, Scheduled
Tribes and other Backward Classes 2[in the prescribed manner.]
1. Ins. by Jharkhand Act 07, 2002 - 6
2. Subs. by Jharkhand Act 07, 2002 - 7
3. Subs. by Jharkhand Act 33, 2010 -2
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(B) For members of the Gram Panchayat (in Scheduled area)-
1. In each Gram Panchayat in the Scheduled area, reservation of seats for
Scheduled Castes and Scheduled Tribes shall be made according to their
respective population in the Panchayat;
Provided that reservation for Scheduled Tribes shall not be less than half
of the total number of seats,
2. In a scheduled areas Gram Panchayat, seats for persons belonging to other
Backward Classes shall, in proportion to their population, be reserved in such
number that the same together with the number of seats reserved for Scheduled
Castes and Scheduled Tribes , if any, does not exceed 80 percent of the total
seats of the said Gram Panchayat.
3. Out of the seats reserved under subsection (1) and (2), 2[not less than fifty
percent] seats shall be reserved for women belonging to Scheduled Castes ,
Scheduled Tribes and other Backward Classes, as the case may be.
4. Out of the total seats of the Gram Panchayat concerned, 2[not le ss than fifty
percent] seats (including the seats reserved for women belonging to Scheduled
Castes, Scheduled Tribes and other Backward Classes ) shall be reserved for
women.
5. Reservation of posts under the aforesaid subsections shall be allotted by
rotation in the prescribed manner by the State Election Commission.
6. As to a Gram Panchayat within the scheduled area, in which there is no
population of Scheduled Tribes the same shall be excluded from allotment of
seats reserved for members of the Scheduled Tribes, in the prescribed manner.
7. As to the territorial constituencies (wards) of a Gram Panchayat, in which there
is no population of Scheduled Castes , Scheduled Tribes or other Backward
Classes, the same shall duly be excluded from seats reserved for Scheduled
Castes, Scheduled Tribes or other Backward Classes, as the case may be.
Section 18
Eligibility to vote and be a candidate -
(i) Every such person whose name is included in the voter list of a village shall be
eligible to vote in the E lection of Office bearers of the Panchayat in which the
said village is included.
(ii) Every such person, unless he is declared disqualified under this Act or any
other law in force for the time being, shall b e eligible to be elected as 1[an
office- bearer of the Panchayat or its territorial constituency in the electoral roll
of which his name is entered.]
1 Subs. by Jharkhand Act 07, 2002 - 8
2 Subs. by Jharkhand Act 33, 2010 - 2
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(iii) Bar to concurrent membership-
No person shall be eligible to contest in more than one constituency (ward) for
being elected as an office bearer of a Panchayat as the case may be.
Section 19
Disqualifications for being an Office bearer of a Gram Panchayat -
No person shall be qualified for an Office bearer of the Gram Panchayat-
(A) Who is not a citizen of India;
(B) Either before commencement of this Act or thereafter-
(1) Who has been convicted of any offence under the Civil Services Conduct
Rules, (Civil Services Conduct Act) in force for the time being or under any
law relating to use, consumption or sale of intoxicants or under any law in
force for the time being in any part of the state unless a period of five years or
such a lesser period as the State Government may determine in a particular
case, has expired since the date of his conviction;
(2) Who is a person of unsound mind and has been s o declared by a competent
court;
(3) Who is a declared bankrupt;
(4) Who holds a post of gain under any Panchayat or is in service in any other local
authority or in any Co -operative Society or in the State Government or in
Public Sector undertaking of the State Government or the Central Government;
(5) Who has been removed from a post in service under the State Government or
the Central Government or any Panchayat, any other authority or any
Co-operative Society or any Public S ector undertaking of the Central or State
Government on the ground of corruption or dereliction of duty;
(6) Who holds any share or interest directly or indirectly in any contract entered
into with or by the Panchayat or on behalf of that;
Provided that no person shall be deemed disqualified under c lause (6) of
sub-section (B) only because –
a) He has a share in a Joint Stock Company, he has any share or interest in
any su ch organisation or C o-operative S ociety registered under the
State's Society Registration Act in force for the time being which shall
enter into a contract with the Panchayat or employed by or on behalf of
the Panchayat; or
b) He has a share or interest in any such newspaper in which any
advertisement regarding activities of the Panchayat is given; or
c) He holds a debenture by or on behalf o f the Panchayat or is otherwise
concerned with any loan taken by or on behalf of the Panchayat;
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(7) Who has been declared disqualified by or under any law, for the time being in
force, for the purposes of election of the State Legislature;
Provided that if a person has attained 21 years of age, he shall not be
declared disqualified on the ground that his age is less than 25 years;
(8) Who has, by any Criminal Court in India or abroad, been sentenced to
imprisonment for a period exceeding six months or to penal ty for an offence
other than a political offence, been ordered to produce security against
misbehavior under section 109 or 110 of the Criminal Procedure Code, 1973
(Act 2 of 1974) and the order has not been reversed subsequently.
Section 20
Election of Mukhia -
(i). There shall be a Mukhia in every Gram Panchayat,
(ii) Any person, who
(a) Is qualified for being elected as Mukhia or Member,
(b) Is neither a member of any house of the Parliament nor a member of the
State Legislature, and
(c) Is not a Chairperson or Vice-Chairman of any Co-operative Society,
Subject to the provisions of section (21) a person shall be elected as Mukhia by
those people whose names are included in the voters list of the Gram Panchayat, in the
manner to be prescribed.
Section 21
(A) Reservation of Posts of Mukhia 1[-------] (In general area ) -
2[ (1) The following procedure shall be followed in respect of reservation for the
candidates belonging to the Scheduled Castes and the Scheduled Tribes, namely:-
"(i) In General Areas (Non Scheduled Areas), the posts of Mukhia shall be
reserved for the candidates belonging to the Scheduled Castes and the Scheduled
Tribes in proportion of their population and such posts shall be allotted by rotation in
the prescribed manner to different constituencies by the State Election Commission.
(ii) In case of less than fifty per cent, reservation of posts for the Scheduled
Castes and the Scheduled Tribes candidates, rest of the posts shall be reserved for the
Other Backward Clas ses in proportion of their population but in any case the total
number of posts reserved for the Scheduled Castes, the Scheduled Tribes and the
Other Backward Classes shall not exceed more than fifty per cent of the total posts.
_______________________
1. Omitted by Jharkhand Act 33, 2010- 3(i)
2. Subs. by Jharkhand Act 33, 2010- 3(ii)
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(iii) Out of the total posts reserved under clauses (i) and (ii) of this sub section, not
less than fifty per cent, of the posts shall be reserved for the women belongin g
to the Scheduled Castes, the Scheduled Tribes and the Other Backward
Classes.
(iv) Not less than fifty per cent, of the total posts of Mukhia (including the posts
reserved for women belonging to the Scheduled Castes, the Scheduled Tribes
and the Other Backward Classes) shall be reserved for women candidates and
such posts shall be duly allotted by rotation by the State Election Commission
in different Gram Panchayats of the Panchayat Samiti."]
(2) If any Mukhia of a Gram Panchayat becomes a member of any house of the
Parliament or a member of the Sta te Legislature or Chairman/Vice -Chairman
of any Co-operative Society, then as regard him it shall be deemed that he has
vacated his post from the date on which he has become such member or
Chairman or Vice -Chairman and for the purposes of section (63) it shall be
deemed that casual vacancy has occurred in his office.
(3) Not withstanding anything contained in this section, the Mukhia shall be
deemed to be a member of the Gram Panchayat for all the purposes of this Act.
(B) Reservation of Posts of Mukhia 3[------] in Gram Panchayat (In scheduled
area) -
1[(i)] 2[The post of Mukhia of Gram Panchayats in the scheduled areas shall
be reserved for the Scheduled Tribes :
Provided also that the Gram Panchaya ts lying within the scheduled areas,
where there is no population of Scheduled Tribes shall be excluded from allotment of
posts of Mukhia reserved for the Scheduled Tribes in the prescribed manner.]
1[(ii)] Not less than 4[fifty percent] of the 2[total posts of Mukhia of the Gram
Panchayat] in every Panchayat Samiti in the Scheduled Areas shall be reserved for the
women belonging to the Scheduled Tribes and such seats shall be allotted by the State
Election Commission by rotation in the prescribed manner.]
Section 22
Election of Up-Mukhia -
(a) The prescribed authority shall at the earliest possible after every election, call a
meeting of elected members and Mukhia, and in the meeting so called; The
Gram Panchayat shall, subject to the provisions of su b-section (c) and (d), elect
by a majority of votes an Up-Mukhia from amongst its elected members.
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1. Inst. by Jharkhand Act 07, 2002 - 9
2. Subst. by Jharkhand Act, 12, 2003 - 5
3. Omitted by Jharkhand Act 33, 2010 - 3
4. Subs. by Jharkhand Act, 33, 2010 - 3
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(b) Mukhia of the Gram Panchayat shall not be a voter in election of Up -Mukhia,
but in case of the votes being equal, he may exercise casting vote.
(c) If the Up-Mukhia becomes a member of any house of Parliament or a member
of the State Legislature or Chairman or Vice -Chairman of any Co -operative
Society, then as regards him it shall be deemed that he has vacated his post
from the date on which he has become a member or Chairman/ V ice-Chairman,
as the case may be, and it shall be deemed that a casual vacancy has occurred
in the office for the purposes of section 63.
1[(d) the posts of Up -Mukhia in General Areas as well as in the Scheduled Areas
shall be kept unreserved or shall be dealt with in accordance with th e
provisions made by the State Government.]
Section 23
Notification as to Publication of Names -
After every election of Mukhia, Up -Mukhia and members, the prescribed
Authority shall publish their names in the manner as prescribed.
Section 24
First meeting, Oath of Office and Tenure of office-
1 First meeting of the Gram Panchayat may be held within 30 days from the date
of publication under section (23). Such meeting shall be called by the
prescribed Authority and provisions of section (69) concer ning meeting shall
apply to the meeting as far as practicable.
2 (a) Oath of Office - Every person before entering upon the Office notified
by section (23), shall make and subscribe in the presence of the prescribed
Authority, an oath or affirmation in the prescribed manner.
(b) If any member denies to make and subscribe to an oath or affirmation in
the proper manner or refuses to put signature on it, or refuses otherwise, it shall
be deemed that he has vacated his office forthwith.
3. Office-bearers of the Gram Panchayat shall hold office for a term of five years
from the date of its first meeting and no exceeding this;
Provided that not withstanding any thing contained in this sub -section,
every person entering upon an office of the Gram Panchayat sh all immediately
cease to hold his office -
(a) In case he ceases to be a voter of the said Gram Panchayat; or
(b) In case he becomes a member of the Legislature of the said state or a
member of any house of the Parliament;
(c) Every Up-Mukhia, if he c eases to be a member of the Gram Panchayat
for any reason, shall vacate his office.
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1. Subs. by Jharkhand Act 33, 2010 - 4
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- Excerpt shown. Open the full act in Lexace.