LexThe Manipur Panchayati Raj Act, 1994
Manipur · state statute
Open in Lexace · Ask the AI about this act1
THE MANIPUR PANCHAYATI RAJ ACT, 1994
__________________
ARRANGEMENT OF SECTIONS
__________________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
GRAM SABHA
3. Membership of Gram Sabha and disqualification.
4. Cessation of Membership.
5. Periodicity of Meetings.
6. Convening of Meetings.
7. Quorum.
8. Gram Sabha Meetings.
9. Agenda.
10. Resolution.
11. Functions of Gram Sabha.
12. Vigilance Committee.
CHAPTER III
GRAM PANCHAYATS
13. Constitution of Gram Panchayat.
14. Incorporation of Gram Panchayat.
15. Electoral Roll of Gram Panchayat.
16. Publication of Electoral Roll of Gram Panchayat.
17. Composition of Gram Panchayat.
18. Division of Gram Sabha into territorial constituencies.
19. Reservation of seats.
20. Term of the Gram Panchayats.
21. Election of the Pradhan and members of Gram Panchayat.
22. Appointment of an Administrative Committee or Administrator on failure to elect members of
Gram Panchayats and in other cases.
23. Filling of casual vacancy in the office of Pradhan and of the member.
24. Election of Up-Pradhan.
25. Reservation of seats for Pradhan and Up-Pradhan.
2
SECTIONS
26. Procedure for election of Up-Pradhan on the establishment of Gram Panchayat.
27. Term of the office of the Pradhan and Up-Pradhan.
28. Powers, functions and duties of Pradhan and Up-Pradhan.
29. Resignation of Pradhan and Up-Pradhan.
30. No confidence motion against the Pradhan and Up-Pradhan.
31. Resignation of members.
32. Meeting of Gram Panchayat.
33. Minutes.
34. Quorum and procedure.
35. Functions of Gram Panchayat.
36. Assignment of functions.
37. General powers of the Gram Panchayat.
38. Standing Committees.
39. Property and funds.
40. Taxation.
41. Financial assistance to Gram Panchayats.
42. Budget of the Gram Panchayat.
43. Accounts.
44. Audit.
45. Staff of Gram Panchayat.
46. Staffing pattern and category of employees.
47. Appointment and control of employees.
CHAPTER IV
ZILLA PARISHAD
48. Establishment of Zilla Parishad.
49. Composition of Zilla Parishad.
50. Elected Members.
51. Filling of casual vacancy.
52. Reservation.
53. Term of a Zilla Parishad.
54. Election of Adhyaksha and Up-Adhyaksha.
55. Salary and allowances to the Adhyaksha and Up-Adhyaksha and other Members.
56. Powers, funtions and duties of the Adhyaksha and Up-Adhyaksha.
57. Resignation or removal of the Adhyaksha and Up-Adhyaksha.
58. Resignation of Member.
59. Meeting of the Zilla Parishad.
60. Minutes.
61. Functions and powers of Zilla Parishad.
62. General powers of Zilla Parishad.
63. Assignment of functions.
64. Delegation of powers.
65. Standing Committees.
66. Functions of the Standing Committee.
67. Procedure of Committees.
3
SECTIONS
68. Power to acquire, hold and dispose of property.
69. Zilla Parishad Fund.
70. Taxation.
71. Financial arrangements of Zilla Parishad.
72. Budget.
73. Accounts.
74. Audit.
75. Staff of Zilla Parishad.
76. Functions of the Chief Executive Officer and other officers.
77. Right to requisition records, recover money, etc.
CHAPTER V
MISCELLANEOUS
78. Powers to revise or modify decisions of committees.
79. Powers of Gram Panchayats to make bye-laws.
80. Powers of Zilla Parishad to make regulations.
81. Powers of Government to make model regulations and bye-laws.
82. Powers of Government to dissolve and reconstitute Gram Panchayat and Zilla Parishad in case of
alteration of area.
83. Dissolution of Gram Panchayats and Zilla Parishad in certain other cases.
84. Inquiry into the afffairs of the Panchayats by the Government.
85. Inspection of Development Schemes.
86. Directions from the Government.
87. Commissioner and Chief Executive officer’s powers in respect of Gram Panchayat and Zilla
Parishad.
88. Power of Government and Chief Executive Officer to provide for performance of duties in default
of Gram Panchayat or Zilla Parishad.
89. Zilla Prishads, power of suspending the executions of order, etc., of Gram Panchayat.
90. Government’s power of suspending execution of unlawful orders or resolutions.
91. Purchase of stores and equipment.
92. Power to appoint administrator in certain cases.
93. Removal of members for misconduct, etc.
94. Restrictions on withdrawal of powers and functions from the Panchayats.
95. Preparation of development plans.
96. District Planning Committee.
97. Finance Commission for Panchyats.
98. State Election Commission.
99. Determination of elected members after census.
100. Qualification of membership for election to Panchayat or Zilla Parishad.
101. Disqualification for memberships.
102. Power of State Government to rescind or suspend resolution of a Gram Panchayat or Zilla
Parishad.
103. Constitution of Election Tribunal.
104. Annual Administration Report.
4
SECTIONS
105. Power to make rules.
106. Bar to interference by Courts in electoral matters.
107. Taking of oath.
108. Repeal and savings.
109. Removal of difficulties.
5
THE MANIPUR PANCHAYATI RAJ ACT, 1994
NO. 26 OF 1994
[23rd April, 1994.]
An Act to provide for the constitution and organisation of Panchayats as units of local
self-Government in the rural areas of Manipur and for matters connected therewith and
incidental thereto.
WHEREAS it is expedient to reorganise Panchayats in rural areas of Manipur by comprehensive
enactment to establish a two -tier Panchayati Raj system in the State with elected bodies at the Gram and
District levels, in keeping with the Constitutional provisions rel ating to Panchayats for greater
participation of the people and more effective implementation of rural development programmes.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title extent and commencement.—(1) This Act may be called the Ma nipur Panchayati Raj
Act, 1994.
(2) It extends to the whole of the State of Manipur excepting any area to which the Manipur (Hill
Areas) District Council Ac t, 1971 (Manipur Act 76 of 1971 ) or the Ma nipur (Village Authorities in Hill
Areas) Act, 1956 (Manipur Act 80 of 1956) extends, or which has been or may hereafter be declared as,
or included in, a municipality under any law for the time being in force, or which has been or may
hereafter be declared as, or included in a cantonment under the Cantonment Act, 1924 (2 of 1924).
(3) It shall come into force on such date 1 as the Government may, by notification in the Official
Gazette, appoint; and different dates may be appointed for different provisions of this Act.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Adhyaksha and Up -Adhyaksha” means an Adhyaksha and a Up -Adhyakhsa of a Zilla
Parishad elected under section 54 of this Act;
(b) “Chairperson” means Chairperson of a Standing Committee of a Zilla Parishad or a Gram
Panchayat, as the case may be, constituted under the provisions of this Act;
(c) “Chief Executive Officer” means the Chief Executive Officer of a Zilla Parishad appointe d
under section 75 of this Act;
(d) “Commissioner” means the Commissioner of the Government in the Development and
Panchayati Raj or such other person as may be appointed by the State Government to exercise the
powers of a Commissioner under this Act;
(e) “district” means the revenue district;
(f) “Deputy Commissioner” means the Deputy Commissioner of District;
(g) “Government” means the State Government of Manipur;
(h) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a
village comprised within the area of the Panchayat at the village level;
(i) “Gram Panchayat” means the Gram Panchayat constituted under the Act;
(j) “Official Gazette” means the Manipur Gazette;
(k) “Panchayat” means a Gram Panchayat and a Zilla Parishad constituted under the provisions of
this Act;
(l) “Panchayat area” means the territorial area of a Panchayat;
1. 23rd April, 1994, vide notification No. S.O. 328(E), dated 23rd April, 1994, see Gazette of India, Extraordinary, Part II, sec.
3(ii).
6
(m) “population” means the population a s ascertained at the last preceding census of whic h the
relevant figures have been published,
(n) “Pradhan” means a Pradhan of a Gram Panchayat elected under section 21 of this Act;
(o) “prescribed” means prescribed by rules made under the Act;
(p) “Secretary” means the Secretary of a Gram Panchayat appointed under this Act;
(q) “Standing Committee” means a Standing Committee constituted by a Zilla Parishad or a Gram
Panchayat under this Act;
(r) “Up-Pradhan” means a Up-Pradhan of a Gram Panchayat elected under section 24 of this Act;
(s) “village” means a village specified by the Governor by public notification to be a village for
the purpose of this Act and includes a group of villages so specified; and
(t) “Zilla Parishad” means a Zilla Parishad of a district constituted under section 48 of this Act.
CHAPTER II
GRAM SABHA
3. Membership of Gr am Sabha and disqualification.—(1) A Gram Sabha shall, subject to
sub-section (2), consist of all persons whose names are included in electoral rolls referred to in section 15
within the area of the Gram Sabha:
Provided that no person shall be a member of more than one Gram Sabha.
(2) A person shall be disqualified for being a member of the Gram Sabha, if—
(a) he is not a citizen of India; or
(b) he is of unsound mind and stands so declared by a competent court; or
(c) he is for the time being disqualified from voting under the provision of any law relating to
corrupt practices and other offences in connection with election to State Legislature.
4. Cessation of membership.—(1) A member of Gram Sabha shall cease to be a member, if he has
ceased to be ordinarily resident within the Gram Sabha area.
(2) Where any person ceases to be a member of Gram Sabha under sub -section (1) he shall also cease
to hold any office to which he may have been elected or appointed by virtue of being a member thereof.
5. Periodicity of meetings.—The Gram Sabha shall meet from time to time but six month s shall not
intervene between any two meetings.
6. Convening of meetings.—The meeting of the Gram Sabha shall be held in accordance with such
procedure as may be prescribed.
7. Quorum .—(1) The quor um for a meeting of the Gram Sabha shall be one -tenth of its total
membership.
(2) 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 per son 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 notic e of the meeting so fixed shall be posted 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 a djourned meeting at which there is a
quorum.
8. Gram Sabha meetings.—Every meeting of the Gram Sabha shall be presided over by the Pradhan
of the concerned Gram Panchayat and in his absence, by the Up -Pradhan, and in the absence of both by a
member of the Gram Panchayat to be chosen from amongst the members of the Panchayat.
7
9. Agenda.—The Gram Panchayat shall prepare the agenda for discussion of the Gram Sabha, such
matters shall relate to the following, namely:—
(a) the annual statement of accounts of the Gram Panchayat, the report of administration of the
preceding financial year and the last audit note and replies if any, made thereto;
(b) the budget of the Gram Panchayat for the next financial year; and
(c) the report in respect of devel opment programmes of the Gram Panchayat relating to the
preceding year and development programmes proposed to be undertaken during the current year.
10. Resolution .—Any resolution relating to the functions entrusted to the Gram Sabha under
section 11, shall have to be passed by a majority of votes of the members present and voting in the
meeting of the Gram Sabha.
11. Functions of Gram Sabha.—A Gram Sabha shall exercise the following functions, namely:—
(a) rendering assistance in the implementation of development schemes pertaining to the village;
(b) identification of beneficiaries for the implementation of development sch emes 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 th e 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.
12. Vigilance Committee .—The Gram Sabha may also form one or more Vigilance Committees
consisting of persons, who are not members of the Gram Panchayat t o supervise the Gram Panchayat
works, schemes and other activities and to put up reports concerning them in its meeting.
CHAPTER III
GRAM PANCHAYATS
13. Constitution of Gram Panchayat .—(1) There shall be constituted a Gram Panchayat for every
Gram Sabha.
(2) The Gram Panchayat constituted under sub-section (1) shall be notified in the Official Gazette and
shall be deemed to have been constituted from the date of its first meeting.
(3) Every person shall be entit led to be included in the list o f electors of Gram Panchayat if he is not
less than eighteen years of age on the date of its publication under sub -section ( 1) and is ordinarily
resident within the area of the Gram Panchayat:
Provided that no person shall be entitled to be included in the list of the e lectors of any Gram
Panchayat for more than one Gram Pan chayat and no person shall be entitled to be included in the
electoral roll of any Gram Panchayat for more than once:
Provided further that if the applicant is included in the electoral roll of any other Gram Panchayat, the
officer who includes his name shall inform the officer publishing the electoral roll of that other Gram
Panchayat and that the other officer shall, on receipt of the inform ation, strike off the applicant’s name
from that list.
Explanation.—For the purpose of this sub-section, the expression “ordinarily resident” shall have the
same meaning as has been given in section 20 of the Representation of the People Act, 1950 (43 of 1950).
8
(4) The name of any person included in the list of electors who becomes disqualified at any time after
his name was entered in the list, shall forthwith be struck-off from the list in which it is included:
Provided that the name of any person struck -off from the electoral roll by reason of disqualification
under clause ( c) of sub -section ( 2) of section 3 shall forthwith be re -instated if such person ceases to
become disqualified.
(5) An appeal shall be made within such time and in such manner and to such authority as may b e
prescribed against any order passed under sub-sections (2) and (4).
14. Incorporation of Gram Panchayat.—Every Gram Panchayat shall, by the name notified in the
Official Gazette under section 13, be a body corporate hav ing perpetual succession and a common seal
with power to acquire, h old and dispose of property and to e nter into contracts, and shall, by the said
name sue and be sued.
15. Electoral roll of Gram Panchayat.—The electoral roll of the Manipur Assembly prepared under
the provision of the Representation of the People Act, 1950 (43 of 1950) and as in force on such date as
the State Government may, by general or special order, notify in this behalf for such part of the
constituency of the Assembly as is included in the Gram Sabha, shall be the list of electors for such Gram
Panchayat.
16. Publication of Electoral roll of Gram Panchayat .—(1) The list of electors referred to in
section 15 shall be published in such manner and by such authority as may be prescribed.
(2) Any person whose name is not included in the list of electors published under sub-section (1) may
apply within ten days from its publication to the officer publishing the same for inclusion of his name
therein and officer concerned shall, if he is satisfied that the applicant fulfils the condition mentioned in
sub-section (3) and is not disqualified from being included in the lis t of electors under section 15 after
making such inquiry as may be prescribed, direct his name to be included in the list of electors.
17. Composition of Gram Panchayat .—A Gram Panc hayat shall consist of the Pradhan and such
number of directly elected members as may be notified from time to time by the State Government and
one member for every 350 population or part thereof of the Panchayat area shall be elected as a member
of such Panchayat.
18. Division of Gram Sabha in to territorial constituencies.—(1) The Deputy Commissioner shall,
for the conduct of the election,—
(i) divide the area of the Gram Sabha into territorial constituencies in such manner that the ratio
between the population of each constituency and the number of seats allotted to it shall, as far as
practicable, be the same throughout the Gram Sabha area;
(ii) determine the number of seats allotted to each constituency.
(2) One member from each territorial constituency shall be elected by direct election to the Gram
Panchayat.
19. Reservation of seats.—(1) Seats shall be reserved for Scheduled Castes and Sch eduled Tribes in
every Gram Panchayat, and 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 by direct election in that Panchayat as the population of
Scheduled Castes or of the S cheduled Tribes in that Panchayat area bears to the total population of that
area and such seats shall be allotted by rotation to different constituencies in such Gram Panchayat, in
such manner as may be prescribed.
(2) Not less than one -third of the total number of seats reserved under sub -section ( 1) shall be
reserved for women belonging to Scheduled Castes, or as the case may be, the Scheduled Tribes.
(3) Not less than one -third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in
every Gram Panchayat shall be reserved for women and such seats may be allotted by rotation to different
constituencies in a Gram Panchayat in such manner as may be prescribed.
9
20. Term of the Gram Panchayats .—(1) Every Gram Panchayat shall continue for a term of five
years from the date appointed for its first meeting and no longer:
Provided that a Gram Panchayat which is functioning immediately before the co mmencement of this
Act shall continue till the expiration of its duration.
(2) The election to constitute a Gram Panchayat shall be completed—
(a) before the expiration of its duration specified in sub-section (1); and
(b) in case of dissolution, before the expiration of a period of six month s from the date of
dissolution:
Provided that where the remainder o f the period for which the dis solved Gram Panchayat would
have continued is less than six months, it shall not be necessary to hold any election unde r this clause
for constituting the Gram Panchayat for such period.
(3) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration of
its duration, shall continue only for the remainder of the period for which the dissolved Gram Panchayat
would have continued under sub-section (1) had it not been so dissolved.
21. Election of the Pradhan and members of Gram Panchayat.—The Pradhan and members of the
Gram Panchayat shall be elected by direct election under secret ballot by the members of the Gram Sabha
from amongst themselves in such manner as may be prescribed.
22. Appointment of an Administrative Committee or Administrator on failure to elect members
of Gram Panchayat and in other cases .—(1) (a) If the Deputy Commissioner is satisfied that a Gram
Panchayat for a village or group of villages immediately after the establishment of such Gram Panchayat
cannot be constituted by reason of—
(i) any difficulty in holding an election of the members of the Gram Panchayat; or
(ii) failure to elect such members at two successive elections held under section 17; or
(iii) any other sufficient reason whatsoever; or
(b) If at any general election to a Gram Panchayat, no member is elected or less than two -third of the
total number of members are elected, the Deputy Commissioner shall, by notification either,—
(i) appoint an Administrative Committee consisting of persons qualified to be elected, the number
of such persons being equal to the number of members determined under section 17; or
(ii) appoint an Administrator.
(2) The members of the Administrative Committee or the Administrator shall hold office for such
period not exceeding six months as the Deputy Commissioner may specify in the noti fication under
sub-section (1).
(3) On the appointm ent of an Administrative Committee or an Administrator under sub -section (1),
the persons, if any, chosen as members of the Gram Panchayat before such appointment shall cease to be
members of the Gram Panchayat and all the powers and duties of the Gram Pan chayat shall be exercised
and performed by such Administrative Committee or Administrator, as the case may be.
(4) The Administrative Committee or Administrator shall be deemed to be a duly constituted Gram
Panchayat for the purpose of this Act, notwithstanding anything contained in the foregoing provisions:
Provided that if at any time after the appointment of the Administrative Committee or the
Administrator under sub -section (1), the Deputy Commissioner is satisfied that there is no difficulty in
duly co nstituting the Gram Panchayat by election of members, the Deputy Commissioner, may,
notwithstanding that the term of office for which the members of the Administrative Committee or the
Administrator had been appointed has not expired, direct by notificatio n that the members of the
Administrative Committee or the Administrator, as the case may be, shall cease to hold office with effect
from such date as may be specified in such notification.
10
23. Filling of casual vacancy in the office of Pradhan and of the member.—(1) In the event of
occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of Pradhan
or of a member of a Gram Panchayat, the vacancy shall be filled by election in the manner prescribed.
(2) Every Pradhan and every Member el ected to fill a casual vacancy, shall hold office for the
remaining term of office of the person in whose place he is so elected:
Provided that no election for filling the casual vacancy shall be held if the vacancy is for a period of
less than six months.
24. Election of Up -Pradhan.—(1) Every Gram Panchayat shall, as soon as may be, elect one o f its
members to be Up-Pradhan.
(2) In the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in
the office of Up-Pradhan, the Gram Panchayat shall elect another member to be the Up-Pradhan:
Provided that no election shall be held if the vacancy is for a period of less than six months.
25. Reservation of seats for Pradhan and Up-Pradhan.—Subject to the general or special order of
the Government, the Deputy Commissioner shall reserve—
(i) such number of offices of Pradhan and Up -Pradhan of G ram Panchayat in the district for the
Scheduled Castes and Scheduled Tribes as nearly as may be, in the same proportion as the total
number of offices in the district bears to the populat ion of the Scheduled Castes or of the Scheduled
Tribes in the district bears to the total population of that district;
(ii) not less than one -third of the total number of offices of Pradhan and Up -Pradhan, as the case
may be, of the Gram Panchayat in the district shall be reserved for women:
Provided that the offices reserved under this section shall be allotted by rotation to different Gram
Panchayats in such manner as may be prescribed.
26. Proce dure for election of Up -Pradhan on the es tablishment of Gram Panchayat .—On the
establishment of Gram Panchayat for the first time under this Act, or on its reconstitution or establishment
under section 20, a meeting of the Gram Panchayat shall be called immediately by the prescribed officer
who shall himself preside over the m eeting, but shall have no right to vote, and in such meeting, the
Up-Pradhan shall be elected.
27. Term of the office of the Pradhan and Up-Pradhan.—(1) The term of office of every Pradhan
and Up-Pradhan of the Gram Panchayat shall, save as otherwise provided in this Act, cease on the expiry
of the term of the Gram Panchayat.
(2) Pradhan and Up -Pradhan shall be entitled to such honoraria and other al lowances, as may be
prescribed.
(3) Every member of the Gram Panchayat shall be entitled to receive such honoraria and allowances
as may be fixed by the Government from time to time.
28. Powers, functions and duties of Pradhan and Up-Pradhan.—(1) The Pradhan 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 s hall 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 admini stration 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 serv ices may be plac ed at the disposal of the Gram
Panchayat by any other authority;
11
(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 Ac t or the rules made
thereunder:
Provided that the Pradhan shall not exercise such powers, perform such functions or discharge
such duties as may be required by the rules made under this Act to be exercised, performed or
discharged 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.
(2) The Up-Pradhan shall—
(a) exercise such of the powers, perform such of the functions and discharge such of the duties of
Pradhan as the Pradhan 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 Pradhan may at any time withdraw all or any of the powers, functions and
duties so delegated to the Up-Pradhan;
(b) during the absence of the Pradhan, exercise all the powers, perform all the functions and
discharge all the duties of the Pradhan;
(c) exercise such other powers, perform such other functions and discharge such other duties as
the Gram Panchayat may, by general or special resolution, direct or as the Government may, by rules
made in this behalf, prescribe.
29. Resignation of Pradhan and Up -Pradhan.—(1) The Pradhan and the Up -Pradhan, as the case
may be, may resign his office by writing under his hand addressed to the prescribed authority.
(2) Every resignation under sub -section ( 1) shall take effect on the expiry of fifteen days from the
date of its receipt by the prescribed authority, unless within this period of fifteen days he withdraws such
resignation by writing under his hand addressed to the prescribed authority.
(3) Every Up-Pradhan shall vacate the office if he ceases to be a member of a Gram Panchayat.
30. No confidence motion again st the Pradhan and Up -Pradhan.—(1) Every Pradhan and every
Up-Pradhan shall be deemed to have vacated his office forthwith if a resolution expressing want of
confidence in him is passed by a majority of not less than two -third of the members of the Gram
Panchayat present and voting, at a meeting specially convened for the purpose. The requisition for such a
special meeting shall be signed by not less than half of the total number of members of the Gram
Panchayat and shall be delivered to the prescribed authority. The prescribed authority shall within seven
days from the date of the receipt of the requisition, convene a special meeting of the Gram Panchayat. The
meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the
meeting. The meeting shall be presided over by the prescribed authority. In the initial two years of their
term as Pradhan and Up -Pradhan of a Gram Panchayat on such motion of no confidence shall be moved
against them. If the motion of no confidence is once rejected, no fresh motion of no confidence shall be
brought before the Gram Panchayat within a period of one year from the date o f such rejection of the
motion.
(2) Without prej udice to the provisions under this Act, a Pradhan and Up -Pradhan may be removed
from office by the Government for misconduct in the discharge of his duties or neglect or, incapacity to
perform his duties or for being persistently remiss in the discharge th ereof, or gui lty of any disgraceful
conduct:
Provided that, no such Pradhan, or Up -Pradhan be removed from office unless he has been given a
reasonable opportunity to defend himself.
(3) The Pradhan or Up -Pradhan removed under sub-section (2) shall not be eligible for re-election as
Pradhan or Up-Pradhan during the remaining term of office.
12
(4) A Pradhan or Up -Pradhan rem oved from his office under sub -section ( 2) shall cease to be a
member of the Gram Panchayat.
31. Resignation of members .—A member of a Gra m Panchayat may resign his membership in
writing under his hand addressed to the Pradhan of the Gram Panchayat and his seat shall become vacant
on the expiry of fifteen clear days from the date of such resignation unless within the said period of
fifteen days, he withdraws such resignation by writing under his hand addressed to the Pradhan.
32. Meeting of Gram Panchayat.—(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 Pradhan may
determine.
(2) The Pradhan 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 ordina ry meeting and three clear days notice of a special meeting
specifying the place, date and time of such meeting and business to be transacted thereat, shall be given
by the Secretary to the members a nd such officers as the Government may prescr ibe, and affixed on the
notice board of the Gram Panchayat.
(4) The officers to whom notice is given under sub -section (3) and other Government officers having
jurisdiction over the Gram Panchayat area or any pa rt thereof shall be entitled to attend every meeting of
Gram Panchayat and take part in the proceedings but shall not be entitled to vote.
(5) If the Pradhan fails to call a special meeting as provided in sub -section (2), the Up-Pradhan or, in
his absence, one-third of the total number of members may call such a meeting for a day not more than
fifteen days thereafter and require the Secretary to give notice to the members and to take such action as
may be necessary to convene the meeting.
33. Minutes.—(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 names of the member voting respectively for o r 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
Pradhan and Up-Pradhan 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 minutes of the
meeting. The minutes books shall always be kept in th e office of the Gram Panchayat and shall be in the
custody of the Secretary of the Gram Panchayat.
(2) A copy of every res olution passed by the Gram Panchayat shall within ten days from the date of
meeting, be forwarded by the Secretary to the Chief Executive Officer.
34. Quorum and procedure .—(1) The quorum for a meeting of the Gram Panchayat shall be one -
half 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 th e 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
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.
(2) Save as otherwise provided by or under this Act, at every meeting of Gram Panchayat, the
Pradhan or in his absence the Up -Pradhan shall preside, and in the absen ce of both, the members present
shall elect 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 Pradhan or Up -Pradhan or person presiding, as the case may be,
unless he refrains from voting shall give hi s 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.
13
(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.
35. Functions of Gram Panchayat .—Subject to such conditions as may be specifi ed by the
Government from time to time, the Gram Panchayat shall perform the functions specified below:—
(1) General Functions:—
(a) preparation of annual plans for the development of the Panchayat area;
(b) preparation of annual budget;
(c) power for mobilising reliefs in natural calamities;
(d) removal of encroachments on public properties;
(e) organising voluntary labour and contribution for community works; and
(f) maintenance of essential statistics of village(s).
(2) Agriculture, including Agriculture Extension:—
(a) promotion and development of agriculture and horticulture;
(b) development of waste lands;
(c) development and maintenance of grazing lands and preventing their unauthorised
alienation;
(d) promote land improvement and soil conservation measures; and
(e) promote measures for implementation of land reforms and land consolidation.
(3) Animal husbandry, Dairying and Poultry:—
(a) improvement of breed of cattle, poultry and other live-stock;
(b) promotion of dairy farming, poultry and piggery; and
(c) grassland development.
(4) Fisheries:—
development of fisheries in the village(s)
(5) Social and Farm Forestry, Minor Forest produce Fuel and Fodder:—
(a) planting and preservation of trees on the sides of roads and other public lands under its
control;
(b) fuel plantations and fodder development;
(c) promotion of farm forestry; and
(d) development of social forestry.
(6) Khadi, Village and Cottage Industries:—
(a) promotion of rural and cottage industries;
(b) organisation of awareness camps, seminars and training programmes, agricultural and
industrial exhibitions for the benefit of the rural areas; and
14
(c) identification of traditional skills in the area to develop small scale industries and
popularising food processing units.
(7) Rural Housing:—
(a) implementation of house building programme; and
(b) maintenance of records relating to the houses, sites and other private and public
properties.
(8) Drinking water:—
(a) construction, repair and maintenance of drinking water wells, tanks and ponds;
(b) prevention and control of water pollution; and
(c) maintenance of rural water supply schemes.
(9) Roads, buildings, culverts, bridges, ferries, waterways and other means of communication:—
(a) construction and maintenance of village roads, drains and culverts;
(b) maintenance of buildings under its control or transferred to it by the Governme nt or any
public authority; and
(c) maintenance of boats, ferries and waterways.
(10) Non-Conventional Energy Source:—
(a) promotion and development of non-conventional, energy schemes;
(b) maintenance of community, non -conventional, energy devices, including bio-gas plants;
and
(c) propagation of improved chulhas and other efficient energy devices.
(11) Poverty Alleviation Programme:—
(a) promotion of public awareness and participation in poverty alleviation programmes for
fuller employment and creation of productive assets;
(b) selection of beneficiaries under various programmes through Gram Sabha; and
(c) participation in effective implementation and monitoring.
(12) Education including primary schools and secondary schools:—
(a) promotion of public awareness and participation in primary and secondary education with
special emphasis on technical training and vocational education; and
(b) e nsuring full enrolment and attendance in primary and second ary schools and its
management.
(13) Adult and non-formal Education:—
promotion of Adult literacy.
(14) Libraries:—
village libraries and reading rooms.
(15) Cultural activities:—
promotion of social and cultural activities.
(16) Markets and fairs:—
regulation of fairs (including cattle fairs) and festivals.
15
(17) Rural sanitation:—
(a) maintenance of general sanitation;
(b) cleaning of public roads, drains, tanks, wells and other public places;
(c) maintenance and regulation of burning and burial grounds;
(d) construction and maintenance of public latrines; and
(e) management and control of washing and bathing ghats.
(18) Public health and family welfare:—
(a) implementation of family welfare programmes;
(b) prevention and remedial measures against epidemics;
(c) regulation of sale of meat, fish and other perishable food articles;
(d) participation in programmes of human and animal vaccination;
(e) regulation of eating and entertainment establishments;
(f) destruction of stray dogs;
(g) regulation of curing, tanning and dyeing of skins and hides; and
(h) regulation of offensive and dangerous trades.
(19) Woman and child development:—
(a) participation in the implementation of woman and child welfare programmes; and
(b) promotion of school health and nutrition programmes.
(20) Social welfare including welfare of the handicapped and mentally retarded:—
(a) participation in the implementation of the social programmes, including welfare of the
handicapped, mentally retarded and destitute; and
(b) monitoring of the old-age and widows pension schemes;
(21) Welfare of the weaker section and in particular the Schedul ed Castes and Scheduled
Tribes:—
(a) promotion of public awareness with regard to welfare of Scheduled Castes, Scheduled
Tribes and other Weaker Sections; and
(b) participation in the implementation of the specific programmes for the welfare of the
weaker sections.
(22) Public distribution system:—
(a) promotion of the public awareness with regard to the distribution o f essential
commodities; and
(b) monitoring the public distribution system.
(23) Maintenance of community assets:—
(a) maintenance of community assets; and
(b) preservation and maintenance of other community assets.
(24) Construction and maintenance of Dharmashalas, Chatras and similar institutions.
(25) Construction and maintenance of cattle sheds, pounds and cart stands.
(26) Construction and maintenance of slaughter houses.
(27) Maintenance of public parks, playgrounds.
(28) Regulation of manure pits in public places.
16
(29) Establishment and control of shandies.
(30) Irrigation, water management and watershed development:—
(a) promote measures for construction and maintenance of minor irrigation works and
watershed development programmes;
(b) develop ground water resources;
(c) providing for timely and equitable distribution of irrigation water.
(31) Rural electrification including distribution of electricity:—
(a) promote extension of electricity to unelectrified areas;
(b) help in prevention of illegal tapping of electricity; and
(c) help in the recovery and collection of electricity due.
(32) Such other functions as may be entrusted.
36. Assignment of functions.—The Government may, by notification and subject to such conditions
as may be specified therein—
(a) transfer to any Gram Pan chayat the management and main tenance of a forest situated in the
panchayat area;
(b) make over to the Gram Panchayat the man agement of waste lands, pasture lands or vacant
lands belonging to the Government situated within the panchayat area;
(c) entrust the Gram Panchayat with the collection of land revenue on behalf of the Government
and the maintenance of such records as are connected therewith; and
(d) entrust such other functions as may be prescribed:
Provided that no entrustment under clause ( c) shall be made without the concurrence o f the Gram
Panchayat concerned:
Provided further that when any transfer of the management and maintenance of a forest is made under
clause (a) the Government shall direct that any amount required for such management and maintenance or
an adequate portion of the income from such forest be placed at the disposal of the Gram Panchayat.
37. General powers of the Gram Panchayat .—A Gram Panchayat sha ll have powers to do all acts
necessary for or incidental to the carryi ng out the functions entrusted assigned or delegated to it and, in
particular, and without prejudice to the foregoing powers, to exercise all powers specified under this Act.
38. Standing Committees.—(1) Every Gram Panchayat shall constitute the following committees by
election—
(i) Production Committee for performing functions relating to agricultural productions, animal
husbandry and rural industries and poverty alleviation programmes;
(ii) Social Justice Committee for performing functions relating to—
(a) promotion of education, economic, social, cultural and other interests of the Scheduled
Castes and Scheduled Tribes and Backward Classes;
(b) protection of such c astes and classes fro m social injustice an d any form of exploitation;
and
(c) welfare of women and children.
(iii) Amenities Committee to perform functions in respect of education, public health, public
works and other functions of the Gram Panchayat.
(2) (a) Each Committee shall consist of not less than three and not more than five members including
the Pradhan and Up -Pradhan as the case may be. The Pradhan shall be the ex officio member and
Chairman of Production Committee and Amenities Committee. The Pradhan shall be the ex officio
member and Chairman of the Social Justice Committee:
17
Provided that the Social Justice Committee shall consist of at least one member who is a woman and
one member belonging to the Scheduled Castes or Scheduled Tribes.
(b) Each ComExcerpt shown. Open the full act in Lexace.