The SIKKIM PANCHAYAT ACT,1993

.--~"..,.,(.'. -..
.;. ~. .
SfKKI~1
• GAZETTE;
.j
EXTRAORDrNARY
~_~ __ ~PUBLJSHED BY A~~HOR~fTY ~ ... _"
Gangto"i<:-'- MonchlY, VHh October, 1993 " N.o;140
GOVERNMENT OF SIKI(IM
LAW DEPARTMENT
GANGTOI(
NOTIF.ICATION
No. 6/LD/1993 Dated, Gangtok the 18th OCtobCI',.:J99J
Tile following Act of the Sikkin. Legislative Assembly Secretariat hnvlngreceived the asscrtt.of
tile Governor on 11th clayofOctober, 1993is hereby published for general infnrmation ;. ., • , II
THESIKKIMPANCHAYATACT,1993
(ACTNO,6 OF1993)
AN
ACT
Arranqernentof Sections:
CHAPTERI
PRELIMINARY·
Sections:
1. Short title, extent and commencement
2. De,illitlol1s,
CHAPTERII
CONSTITUTIONOFGRAMANDGRAMSABHA
Constitution of Gram,its nameand jurisdiction.
Effectofalterationoftile areaof theGram.
Eff~ctofinclusion of a Grnm or part thereof In NagarPanchayat,etc.
Meetings of Gram sabna.
.Ouorum for meetlF1gsand rcsoulatlon.
8. Convening of 111(!~linqsof GrarnSabha.
9. Presiding OrlicC!'.
10. Mattersfor consideratton of Gram Sabha,
11. Functlons of Gram S31)h3.

CHAPTERIII
GFlAMPANCHAVAT
12. ConstitutionofGramPanchayat.
13. ComposltlonofGramPanchayat.
14. mcorporauon.otGramPanchayat,
15. DurationofGramPanchayat.
16. Dlsquallficatt()O'ofmembersofGramPanchayat.
17. Sabhapatlandup-sabnapau,
18. Electionornominationofsabnapau,up-sapnapan,
Sachivaandmemberstobepublished.
19. Firstmeetingpf~GramPanchayat.
20. MeetingofGramPanchayat.
21. ConsiderationofquestiondisposedofbyGramPanchayal.
22. Listofbusinesstobetransactedatameeting.
23. Powersanddutiesof SabhapaU.
24 PowersanddutiesofUp-sabnapat'.
25 RightofIndividualmember.
26. ResignationofSabhapati,Up·Sabhapatiormember.
27. RemovalofSa~hapatiandup-saonapau.
28. FillingofcasualvacancyIntheofficeof Sabh~patiorup-sacnapan
29. RemovalofI1)CmberofGramPanchayat.
30. FilllngofcasualvacancyIncaseof memberofGramPanch~yat.
31. SachlvaofGramPanchayat.
32. ResignationQfSachlva.
33. Removalofsecntva
CHAPTER IV
DUTIESOFGRAMPANCHAYAT
34. ObligatorydU,tlesofGramPanchayat:
35. OtherdutiesofGramPanchayat.
CHAPTERV
PROPERTY,ANDFUND
36. PropertyandfundofGramPanchayat
37. Allocationofproperties.toGramPanchayat.
38. AcquisitionoflandforGramPanchayat.
39. GramPanchayatFund,
40. Levyoftaxes,ratesorfees,
41. PowerofStat~Governmenttoregulatetaxes,ratesandfees.
42. Appealagainsttaxation,feesandrates.
43. Recoveryofarresrs.
44. ActionbyDistrictCollector,
45. PowerofStateGovernmentInregardtorellcffntaxes,rates,nndfees.
46, BudgetofGt'amPanchayat.
47. SupplementaryBudget.
48..Accounts a~dAudit.
CHAPTERVI
CONSTITUTIONOFZILLAPANCHAYAT
49. ZillaPanchayatandItsconstitution.
50. CompositionofZillaPanchayat.
51. Incorporation :o,tZilla Panchayat.
52. DurationOfZillaPanchayat.
53. Dis·qualifica~onofmembersofZillaPanchayat.
54. Adhakshyaa~dUp·Adhakshya. ';
55.' NotificationofE.lection,Nomination,etc.
56 FirstmeetingofZillaPanchayat.
57. MeetingofZlliaPanchayat.
58. Reconsiderationofquestionsdisposedof~ ZillaPanchayat.
59, Listofbusinesstobetransactedatameetil'lQ.
60. 'PowersanddutiesofAdhakshya.
61. Powersanc.ouuesofUp·Adhakhsya.
62. Rightofindividualmembers.

(.
73.
74.
75.
76.
!.. 77.
78.
"{9.
80.
81.
82.
83.
\ 134.
t8~i.,.
63. Rosigl'lntiol1,c;fAdhakshyaor Up-Adhakhsyaor aMember.
6·1. Hemovalof Adilal<sllyaanti Up-t\ddhakl1sya.
65. Filling of C8SU3, vacancy in thecfiice of Adhakshyaor Ur}-Adhakr.\s~a.
66. Removalof memberof Zilla Panchayat.
67. Fillinn of casual vacancyof electedmemberof Zilla Panchsys'
GB. Sachlvaof Zilla Panchayat.
CHAPT~]i VII
POWERSANDDUTIESOFZILLAP!\NCHAYAT
69 Obligatory dutlosof Zilla Panchayat.
70. Other duties ofZilla Panchayat,
71. Jointexecutionof schemesby two ormoreZiila Panchayat.
'72 Powerof supervision by Zilla Panchavatover GramPanchayat.
CHAPTEli VIII
PROPERTYANDFUNDcrZILLAPANCHAYAT
Works constructed byZilla Panchayatto vestInit.
Allocation ofproperties to Zilla Panchayat.
Acquistition af landfor Zilla Panch(jyat.
Zilla Panchaya:Fund.
Imposition of taxes,rates andfees.
Powerof SWtGGovernmentto regulate taxes.
Appealagainsttaxation, rate orfee.
RecovNYof arrears,
Action by District Collector.
PowerofStateGovernment in regardto relief in taxes.
Budget ofZili3 Panchayat.
Supplementary BudgE!!.
Accounts.
CHAPTERIX
AL'DITOFACCOUNTSOFGRArV!ANDZIl.LA PANCHAYATFUNDS
86. Audit of accovnts offund.
87. Submission of accounts to Audit.
88. Powerof Auditurs.
89. Penalty.
90. Audit Report.
91. Action on audit report.
92. Powerof Auditor to surcharge etc.
93. Appeal.
94. Paymentof cartified sums.
95. Certain costs andexpensespayableoutofFund.
CHAPTERX
CmJSTITUTIONOFTHESTATEFINANCECOMMISSION
96. Definition.
9'1. Qualifications for appointment asand ttH:manner
. of selection of membersof meCommission.
98. Personaltnterest todisqualify members.
99. Disqualification for being amember of theCcmrntsslon,
iOO. Term of office elfthe memberand eligibility for re-appointment.
101. Condition of service andsalaries andallowances of members.
'102. Procedureand powers of theCommission.
CHAPTERXI I
STATEEl.ECTIONCOMMISSION
103. Constitution of StateEjection Commission.
CHAPTERXII
MISCELLANEOUS
1(;.1 Oathofaffirmfltiof1:
10S. Validation. J.'
106. Membersand qUi~~'rsand employeesto bepublic servant.
·it."

107. Inde.nmi!y.
lOB. Rl?fell::l1ceoLHspute.
109. lnspectlon.
·j·IO. POWN of state Governmentto rescind or suspend
resolution oraGramPanchayatorZilla Panchayat,
·1·1·!. Powerof Stnl~GOV011lmentofficers to attcnd meetinqs.
112. Directions bySloleGovernment.
'113. Powerto removeSabhapJti,Up-Sabhapaf or sachlva ofGram
Panchayato~dAdhakshyaorUp·Adl'lakslwaofZillaPanchayat,
114. Powerof 51.:,:"Government tosupersedeaGra;~,Pan:hayat or Zilla P;;nchayat.
'115. consequences of supersession.
116. Effectof eiecaon of amemberof GramPanchayat
to Housesof Parliamenl or Legislative Assembly,
117. Electoral off"nct;~;.
'118. Requisition of premises,vehicle etc.for election purpose.
119. Application forquestioning theelection.
120 Decision all question asto disqualification.
'121. EmerfJentpoweron outbreak ofepidemic.
122. Report on ihe work of Glam Panchayator Zilla Panclnyat
123. Placingofservices ofGovernmentemployeesi.it tilG
disposal of "Gram Panchayator aZilla Panchayat,
124. Powerto scl;ledisputes.
125. Delegation.
126. Allowances \0 members.
127. Constitution of District PlanningCommittee.
128. Penalty.
129. Election no-tto becontested witt] thesupport Ofp0;ilical rnrty.
130. Powerto makerules,
131 Powerto removedifficulties,
132. RepealanuSavings,

Short title, ex··
tent and com-
mencement.
Definitions.
"
THE SIKKIMPANCI·IAYATACT, 1993
(ACT NO.6 OF1993)
AN
ACT
to consolidate and amend the law relating to Panchayars and to provide for the
constitution and organisation of Panchayats as units of Self-Government in Sikkim in
accordance with the provisions of Part IX of the Constitution as inserted by the Consti-
tution (Seventy-Third Amendment) Act, 1992 and for matters connected therewith and
in:.:Lkntal thereto.
EE it enacted by the Legislative Assembly of Sikk imin the Forty-forth Year ofthe
P.,.:pt;blicof India as follows :-
CHAPTER I
PRELIMINARY
(1) This Act may be called the Sikkim Panchayat Act, 1993.
(2) It extends to the whole of Sikkim except the areas which may hereafter be
declared as orIncluded in the Nagar Panchnyat.
(3) It shall come into force on such elate as the State Government 111il)', by
notification in the Official Gazette, appoint and different elatesmay be appointee! for
different areas and for different provisions of the Act.
1.
2. (1) In this Act, unless the context otherwise requires,-
(a) "Adhakshyu" means an Adhakshya of a Zilla Panchayatelected under
sub-section (1) of section 54;
(b) "Audi tor" means anauditor appointed under SlIb-section (2)ofsection4R;
(c) "District Collector" means the Collector of the District;
(d) "District Development Officer-cum- Panchayar Officer" means the Dis-
Iricr- Development Officer -cum-Pnnchaynt Officer ofthe District appoin tee!by theStale
Government;
(e) "Governor" means the Governor of Sikk im;
(f) "Gram" means any village or partofavillage orgroup ofadjoining villages
or parts thereof declared by the State Government to be aGram under xub-section (l) of
section 3;
(g) "Gram Panchayat" means a Gram Panchayat constituted under
section 12:
(11)"Nagar Panchayat" means a Nagar Panchayat and includes a municipal-
jty, municipal commi nee orcorporation orsuch other body bywhatever name called con-
stituted under the Jaw relating to such Nagar Punchayats for the time being in force;
(i) 'Notification' means the notification published in the Official Gazette;
(j) "Prescribed Authority" means all authority appointed by the State Gov-
ernment, by notification, for all or any of the purposes of this Act;
(k) "Sabhaputi" .means a Sabhupnti of a Gram Panchaynr ejected under sub-
section (1) of section 17;
(1) "Secretary" means the Secretary to the Government of Sikkim in the
RI.1J':\lDevelopment Department and includes an Additional Secretary, Joint Secretary,
Deputy Secretaryand Under Secretary of that Deparrmenr;
(rn)"Statc Government" means the Government of the State of Sikkim:
(n) "Up-Adhakshya" means an Up-Adhakshya of a Zilla Punchayat elected
under sub-section (1) of section 54;
(0) "Up-Sabhapari" means all Up-Sabhupati of a Gr,1l11 Panchayur elected
under sub-section (1) of section 17;
(p) "Zilla Panchayat" means aZilla Panchayat of adistrict constituted under
sub-section (1) of section 49;

Constitution of"
Gram, its name
and jurisdie-
tion.
Elfcct ofaltera-
tion of the area
a/Gram.
2
(2) Words defined in the Constitution (Seventy-Third Amendment) Act, 1)92
but not defined in this A~tshall have the same meanings asrespectively assigned tothem
in the Constitution (Seventy-Third Amendment) Act, 1992.
CHAPTERH
CONSTTrUTION OF GRAM AND C;P,AM SABHA
3. (1) Subject to the consideration of local conditions, the State Government may,
by notification, declare for the'purpose of this Act any village orpartof a village or a
group of adjoining villages or parts thereof to be a Gram.
(2) As soon asmay be after the constitution of aCram under sub-section (1), the
State Government may, by notification, divide each Gram into wards and each ward
shall, as far as possible, comprise of a Revenue Block.
(3) The State Government may, by notification, specify the number of mem-
bers to be elected from each ward having regard tothe number ofvoters in such ward and
such other considerations as the State Government may consider approprinte.
(4) The notification under sub-section (1) shall specify the name of the Cram by
which thePanchayat shall be known and shall specify thelocal limits of such Panchayar.
(5) The State Government may, after making such enquiry asitmay think fit and/
or after obtaining the views of the Gram Sabha, by notification-
(a) exclude fromanyGram anyarea comprised therein; or
(b) include in any Gram any area adjoining to suchGram; or-
(c) divide the area of a Gram so as to constitute '.twoor more Grams; or
(eI) unite the areas of two or more Grams so as to'constitute a ncw Cram.
4. (I) When an area isexcluded from a Gram under clause (a) of sub-section (5) of
section 3, such a.en shall, as from the elateof the notification referred to in that sub-
section, cease to be subject to the jurisdiction of the Gram Panchayar of that Gram and,
unless the State Government otherwise directs, all rules, orders, directions and notifica-
tions in force in that Gram shall also cease to apply to the area so excluded.
(2) When all area is included in a Gram under clause (b) of sub-section (5) of
section 3, the Gram Panchnyat for that Gram shall.us from the elateof the notification
referred to in th~t1.sub-section have jurisdiction over such area and, unless the State
Government otherwise directs, all rules, orders, directions and notifications in force in
that Gram shall apply to the area so included.
(3) When the area of any Gram isdivided under clause (c) of sub-section (5) of
section ::Iso as toconstitute two or more Grams, theGram Panchayat ofthat Gram shall,
as from theelateof the notification referred to inthat sub-section, cease toexist and there
shall be reconstitution of the Gram Pnnchayars for the newly constituted Gramsin
accordance with the provisions of this Act. .
(4) When the areas of two or more Grains are united under clause (el)of sub-
section (5) of secrion Sso as toconstitute a new Gram, the Gram Punchay.us of the said
Grams shall, as [rem (heelateof the notification referred to in that sub-section, cease to
exist and a separate Gram Panchayut shall be constituted for the new Grams in accor-
dance with the provisions of this Act.
(5) When under sub-section (5) of section 3 any area is excluded from, or
included in, a Gr..m or a Gram isdivicleclso as to constitute two or more Grams, or two
ormore Gramsare unitedtoconstitutea newGram,theproperties,fundsandliabilities
of the Gram Panchaynt or Panchayats affected by such reconstitution shall vest in such
Gr,lI11Panchaya torPanchaynts inaccordance wirhsuch allocaticn asmay bedetermined
by order in writing by the prescribed authority, and such dererrninarion shall be final.
(6) An order made under sub-section (5) may contain such supplemental,
incidental and consequential provisions as may be necessary to give effect to such
reconstitution,

£.// ct of inclu-
sion ofa Gram
.or part thereof
in Nagar Pan-
cliayat, etc.
Me etin gs of
Gram Sablia.
Quorunijor the
mc eti ng and
resolution.
.Convening of
meetings of
Gram SaiJIJa.
Presiding ()/Ji-
ccr.
Matters for
cousiderat ion
of Gram
Sablia.
Functions of
Gram Sablia.
5. (1) If, at any time, the whole of the area or a Gram is included within the Nagar
Panchnynt under the provisions of' the law made in this behalf, the Gram Panchaynt
concerned shall cease to exist, and the properties, funds and other assets vested in such
Gram Punchnyat and all the rights und liabilities of'SUC') Gram Pnnchayat shall vest in,
and devol ve on) the j'Jagar Panchayut.
(2) If, at any time, a part of the area of a Gram is included in a Nagar Panchayat
under the provisions of the luw made in this behalf', theurea of the Gram shall be
deemed (0 have been reduced to the extent of the part so included within the Nagar
Panchnyat and the properties, funds, rights and liabilities of the Gram Panchayat
concerned in rcrpcct of the part so included shall vestin, and devolve on the Nagar
Pnnchuynt in such manner <ismay be determined by the prescribed authority and such
dctermi nation shall be Iina1,und unless theStareGovcrnmen totherwise directs, allJ'Ules,
orders, directionsuudnotifications in force illtheareas comprised illtheNagar Panchnyat
shall apply to the part of the area of the Gram :;0 included.
G. Subject to the general orders of the State Government the Gram Sabha shall
meet a!least twicei nayen"and where tbeGram Panchayar fuiIstoconvene Gram Sabha,
the prcscri bee!nuthori tyshall \"ith theapproval ortileState Govcrnmen t and after giving
notice to the CI'::;)1Panch.iyat concerned.convene it.
7. (1) Ql:()r~111)for the meeting of a Gnun Sabhn shall be one-tenth of the total
members of tile Cr:lJ\1Subhu,
(2) Any resolution relating to the matters entrusted to the Gram Sahha shall be
passed by a majority of votes of the members present and voting in the meeting of the
Gram Subha .
8. The procedure for conveningnndconducting themeetings ofthe-Gram Sabhu
shall be such as llny be prescribed.
9. Every meeting of the Gram Snbha shall be presided O'.'CT by the Subhnprui of
the concerned Gram Punchayat and in his absence by the Up-Subhnputi of that Gram
Panchllyat.
10. (1) The Gram Sabha shal! consider, and may make recommendations and sug-
gestions to the Gram Panchayat on the following matters, namely'-
(a) the annual statement of nccounts of the Gram Panchayat, the report of
ndrninistrarions of the preceding financial year and the last audit note and replies, ifany,
made thereto;
(b) the:report in respect of development programmes proposed to be under-
taken during the current year;
(c) the promotion of unity und harmony among all sections of society inthe
village;
(d) programme of adult education within the:village;
(e) such other matters as the State Government may, by general or special
order, specify.
(2) The Gram Punchayat shall give clueconsideration totherecommendations
and suggestions of the Gram Sabhn.
11, The Gram Sabhu shall perform the following functions, namely:- .
(a) mobilising voluntary labour ane!contributions in kind and cash for the
community welfare programme;
(b) identification 01' beneficiaries for implementation of developmental
schemes pcrwining to the village:
Provided that if the Gml11Subhn I'ailsto identify the beneficiaries within the
reasonable time, the prescri bed all thorityshall.in consultation withtheCram Panchayat,
identify the beneficinries;
(c) rendering nssistunce in the implementation of developmental schemes

Constitution of
Gram POIl-
cliayat.
Compositionof
Gram Pan-
cliaya t.
!I1CO rpo ratio n
of Gram Pan-
cliayat,
Iruratiou of
Gram PaIL'
cliayat.
4
pertaining (0 the village.
CHAPTER III
GRAM PANCHA YAT
12. (1) There shall be constituted, in each Pnnchnyar area, an institution of Self-
Government called the Gnl111Panchnyar bearing the name of the Gram.
(2) For the purpose of sub-section (1), each Panchayat area shall be dividedinto
wards in such mariner ~ISthe State Government, may determine:
Provided that the number ofmembers to beelected illeach ward shall, asfar
as practicable, be in the same proportions to the total number ofpersons to be elected for
the Gram Panchnyats as the population of the W~\I'(J bears to the total population of the
Panchayat area.
0) The list of wards determined under sub-section (2) shall be prepared ~\J1c1
published in the Official Gazette.
13. (1) ACram Panchayat shall, subject to the provisions ofsub-section (5), consist
of such number of members not less than five and not 111ore than nine, as the Secretary
, may, subject to the general order of the Stare Government in regard to the allocation of
number of seats to different Gram having regard to the \:arying extent of population
therein, determine ane!Stichmembers shali be chosen by direct election through secret
ballot by persons whose Mli11eSare included intheelectoral 1'01101'the SikkimLegislati ve
Assembly for the time being in force pertaining to the area comprised in the Gram.
(2) Election to the Grain Panchayat shall be held in such manner as may be
prescribed.
(3) Where aGram failstoelect thefull number ofmembers asdetermlned under
sub-secrion (1) it shall be called upon to elect the remaining number of members.
(4) The term of office of the members of Gram Pnnchayut shall, subject to the
provisions of section 29, be co-terminus with the term of the Gram Pnnchaynt.
(5) The State Government shall, by notification reserve the seats for Scheduled
Castes and the Scheduled Tribes in every Gnun Panchnyar and the number of sears so
reserved shall bear, as nearly ;IS may be, the same.proportion to the total number of seats
to be filied bydircct election in t11:ItPanchayar ;1sthe populnrion of the Scheeluled Castes
in that pnnchayar area or of the Scheduled Tribes in that panchayat area bears to the total
population of rhtu area <II d such sears shall beallotted byrotation to different wards in
il Gram Panchayru in ; .h manner as may be prescribed.
((j) Not less tha 1one-ihi rdofthetotal number ofseats reserved under sub-section
(5) shall be.reserved for women belonging to the Scheduled Castes or, as the case may
be, the Scheduled Tribes.
(7) Not less than cne-thirduncludlng the number of seats reserved for women
belonging 10the Scheduled Castes and the Scheduled Tribes) of the toral number of-seats
to be filled by direct election inevery Gram Panchayat shall be reserved for women ancl
such sears may be allotred by rotation to different wards in a Gram Panchayat in such
manner as may be prescribed.
14. (1) Every Gram Panchayat shall beabody corpora rehaving perpetual succession
and a common seal and SIJ,Il!by itscorporatename,sue(tile! besued.
(2) AGran: Punchaynt shnll have power (0 acquire, hold and dispose ofproperty
....and \0 enter into connact:
Provided tluuillcases ofacquistirion orC\iSI)OS;t\or immovable property, the
(':rarn P;\IlChaY,11sh;lIlormin the previous approval of the Sture Government.
IS. (I)" Every Gr.un 1'<lIICI1;I),<lt,:;;\VC ,IS otherwise provided ill this Act, shall
continue Cora term or rive ycarx from tile.elate appointed for its first meeting and no
longer.
(2) 'l~() ;l.Incildmclit oLIIl;,' Jaw Corthe time hcii1g in force shall have theeffect or
~.

Disqualijlca-
cion of mcm-
bas of Gram
Panchayat.
Subluiptui aiut
Up,So!Jllopoii,
5
causing dissolution or aGram Panchuyat, which isfunctioningimmediately before such
amendment till the expiration of its duration specified in sub-section (1),.
(3) The election to constitute a Gram Panchnyat shall be completed-
(a) before the expiry of its duration specified in sub-section (1); -...
(b) in the case of dissolution, before the expiration of aperiod of six months
from the date of its clissolution:
Provided that where thercmainder oftheperiod for wl: ich thedissolved Gram
Panchayat would h:1VCcontinued is less than six months, itshall not be necessary tohold
~lllyelection under this clause for constituting the Gram Pnnchuyat for such period,
(4) A Gram Panchnyut constituted upon the dissolution of a Gram Panchayat
before the expiration of its durution, shall continue only for remainder of the period for
which the dissolved Gram Panchaynr would have continued under sub-section (1) had it
not been so dissolved,
Hi, A person shall be disqualified for being chosen as and for being, a member
of a Gram Panchayat-
(a) if he is so disqualified by or under any law for the time being in force for
the purpose of elections to the Legislative Assembly of Sikkim:
Provided that noperson shall bedisqualified on the ground that he isless than
twenty-five years of age, if he has nrtuincd the age 0)'twenty-one years; or
(b) ifhe isamember 01'it Nagai' Puuchnyut esrablished under the law relating
to constitution of such Nagar Panchayat for the time being in force; or
(c) if he holds any office of profit under a local authority or a co-operative
society or a Government company or a Corporation owned Ol"controlled by tl:c Central
or the State Government;or
(d) has been dism issed l'r0111the service of nStareGovernment or the Central
Government or a local aurhority or a Co-operative Society or a Government company
or :1 Corporation owned or controlled by the Central or the State Government for
misconduct; or
(e) if he is of unsound mind und SI,ll1ciso declared by a competent court; or
(nil' he is an undisch.uge« insolvent; or
(g) if he is suffering from a variety of leprosy which is infectious ; or
(h) if he is convicted of an election offence; or
(i) iI: he has been convicted by a COLIrtof an offence involving moral
turpitude and sentenced to imprisonment for a term exceeding six months; or
(j) if he hasnotpaidany arrear inrespect of any tax or rate or feepayable
toaGram Pnnchnyat orit Zilla Pnuchnyat or aNagar Panchnyat or theState Government:
Provided that the disqualification under this clause shall cease upon payment
of the rate 01"tax or fee; or
(k) if lie hus directly OJ" indirectly by himself or by his partner or employer
or an employee, hold any share or interest in any contract with, by or Onbehalf of aZilla
Panchaynt or a Gram Pnnchuyat:
Provided ihnr uperson sl1,11Inot bedeemed to have incurred disqualification
by reason 01'his huviug ,Ishare or interest in uny public COJ1lp~ln)'or registered co-
oper:u ivcsociety \vltichhas IICO!ltrucrwiI1101' isemployed byItGram Panchuyat or aZilla
Pauchay.u of the rlisn'icr.
17, (J) Every GramPnnchayutshull, atItsfirst meeting atwhich aquorum ispresent,
elect Dill' oritsmembers tobe tlie Subhupnti~\11c1another member tobethe Up-Snbhapari
of the Gram Pnnchnynt illsuch 111:,11111CI'us may be prescribed,
(2) Tile State Goverumcnt shall, by notification reserve-
C\) such number of offices of S,lhh:1j)~lti,lml Up-Sabhupari of Gram Pan-
chnynts ill each district for the Scheduled Castes ~llldthe Scheduled Tribes ~tiiclt::':
number of sllch offices shull \)\:':\1' as nearly as may be, the same proportion to the total
number of offices ill the district ax the population of the Scheduled Castes and of the

Election or
nomination qj'
Sabliapati, Up-
Sabhapati, Sa-
chivaandrueni-
hers to be pub-
lished.
First meeting
of Gram POIl-
cliayat.
Meeting of
Gram Pan-
cliayats.
6
Scheduled Tribes in the district bears to the total-population of the district;
(b) not less than one-third of the total number ofoffices ofSabhapati and Up-
Sabhapati of the Gram Panchnyat of the district from each of the categories which are
reserved for persons belonging to the Scheduled C(t'S(CS nne!the Scheduled Tribes and
of those which are reservedfor women:
Provided that the offices reserved under this sub-section shall be allotted by
rotation todifferentGramPnnchnyars in such manneras may be.prescribed.
Explcn ationi-For theremoval of c101lbtitisherebydeclared that theprinciple
of rotation for purposes of reservation of offices under thissub-section shall commence
from the first election to be"held after tile commencement of this Act.
(3) TIle Sabhapati and Up..Sabhaputi shall, 5Ubjccr to the,prov ision ofsection 27
and totheir continuing as mr-nbers, hrild office for a period of five years.
(4) Whl:n-
(a) the office of the Sabhnp.ui falls vacant by reason of death, resignation,
removal OJ' otherwise: or
(b) the Sabhapnti is, by reason of leave, illness or other cause, temporarily
unable to act,
the Up ..Sabh'!j)'iti shall exercise the powers, perform the functions and discharge the .:-;::..
duties of the Snbhnpati until a new Sabhapnii is elected aile!assumes office or until rhe
Subhupati resumes his duties, ,IS the case 111<1ybe.
(S) Whcn-
(a) tile office ofthe 1.1p-Subhupnri falls vacant by reason ofdeath, resignation,
removal ,,1'(J\ hcrwise; or
(b) the Up-Subhapau is.by reason of leave, illness or other cause, temporar-
ily unable to act,
theSabhapnrishall exercise the powers, perform the functions apd discharge the duties
of the Up-Sabhapuri until a new Up-Sabhupati is elected andassumes office or until the
Up-Sabhapnri resumes his duties, as the case may be.
(G) When the office of the Subhapati and the Up-Sabhapnti are both vacant, or
the Snbhapnri aud Up-Sabhupari are temporarily unable to act., the prescribed authority
may appoint a Sabhnpari and Up-Snbhnpnri from among the members of the Gram
Panchnyat to 'let ,IS such until a Snbhupnti and Up-Sabhapati are elected and assume
office.
18, Every election or nomination of a Sabhapnti, Up-Sabhapari, Suchiva and
members of Gram Pnnchnyni, ,IS the case may be, shall be published by the State
Government by notific.uion and such personsshall enter upon their respective offices
from the date of such publication:
Provided that if no such publication has been made the Sabhapnti, Up-
Sabhqnti, Suchivn and members shall be deemed to have enrcrcd upon their respective
offices [,',,:n the dare of declaration ofresult of their election or nomination, as the case
19. (1) Nowithstnnding <illyvacancy inthemcnlbershipoftl!>!.'~GraI11Panchayat, the 0-
\~
prescribed :.ll!ihori tyshall, immcdlately after bll (before theexpira tionof thirty claysfrom
the dareof publication ofthe notification undensection 18appoint aelatefor the meeting
of the Gram Puncliayar members (which meeting shall becalled the.first meeting of the
Gram Panchayar) for elecring the Sabhapari, Up-Sabhupati and the Sachiva of theGram
Panchaya [from amongst themsclves.
(2) Tile: meeting to be held under sub-section (1) shrill be convened by the
prescribed authority ill such 111:111I1er,IS !11~I)'be prescribed.
20. (1) Every Gram Pnnchuy.u shall hold a meeting for rransacrion of its business at
least twicc illevery 1110nIII atthe office of theCram Panchuyat or at such place withinthe
local limits of the Gram Panchny.u concerned and at such time as the Subhnp.ui of the
Gr:1111Panchuy.u may decide.

Couside Fation
ofquestion dis-
posed of by
Gram Pan-
cliayat.
.1
't List ofbusiness
~ tohetransacted
at a meeting.
7
(2) The Snbhuputi may, \\' henever he rhinksfit, in the publ ic inrerest or shal! upon
rccci pl or a wriIten rcquisi lion 01'not less than one haIf of the tot,\I number of members
of the Gram Punchayar or if directed by the Secretary of the Rurul Developmc-t
Department or District Development Officer-cum-Panchayut Officer or the District
Collector of (he concerned district, call a special meeting of the Gram Panchayat within
a period or tell days lrom the date of rccci ptof the rcqu isi tion or direction, as the case may
be:
Provided that if the Subhnpnti fails to call such special meeting within the
specified period from the date of receipt of thc.requixition or direction, as the case may
be,the Sccrctnry ofthe Rural Development Department or District Development Officer-
cum-Punchayat Officer or the District Collector of the concerned district may direct the
Sachiva or any member of the Grum Panchayat to call such meeting at such time and at
such placexvithinthe local limirs or the Gram Pnnchayut concerned as the Snchiva or the
member directed to call the meeting may, decide.
(3) Two-third of the total number of members constituting the Gram Punchuyat
shall form (t quorum for a meeting of tile Gram Panchayar:
Provided that no C]UOrtll1l shnll be necessary for an adjourned meeting.
(4) The S:tbhnputi or in his absence, the Up-Snbhupari shall preside atthe meering
of the Ur,llll Pnnchuynt ,\11(1in the absence of borh, the members present sl)(111elect one
from amongst themselves to preside at lite meeting.
(:'i) /\11 qUc':;t!OI1Scorning before a Grunt Pnnchny.u xhull , unless otherwise spe-
ciric:t\1 yprov idee! under this Act bedecided by a majority01"votes of the member present
,ll1c!voting:
Provided that in case of equality of votes the person presiding shall have a
second or a casting vote.
(6) No membershall vote on, and rake p.ut in the discussions of any question
coming up for consideration at a meeting of a Gram Panchuyat if the question is one in
which he has uny direct or indirect pecuniary interest other than an interest as a member
of public.
(7) If it appears to any member present at a meeting that the person presiding at
the meeting has any such pecuniary interest in ,lny matter before the meeting for
discussion or ,\n)' question coming lip for consider.uion as referred to in sub-section (6)
and a motion brought by him to that effect is carried, such a person shall not preside at
such meeting and shall nor take part therein, and for the purpose of.sub-section (4) such
person shall be deemed to be absent during the discussions or consideration of the
p.uriculur matter.
i.l. No inaner (iIKC finally disposed ofbythe Gram Punchnynr shall be rcconsid-
crcd by it within th. period ofsix months unless the recorded consent of not less than one-
half of its totul number of members hns been obtained thereto.
22. (1) A list of the business to be transnctcd at every meeting of a Cram Panchayat
except at an adjourned meeting, shall be sent to' each member of the Gram Panchayar,
arlcast seven claysbefore thelimefixedforsuchIl1Geting1I1le!110business shall be brought
before or transacted at any meeting, other than the business [or which notice has been so
given except with the approval of the majority ofthe members present ar such meeting:
Provided thur non-receipt of a notice by a member shull not vitiate the
procccding« of the meeting:
Provided Further th.u if the Snbhapari thinks thai a situation has arisen Ior
which all emergent meeting of the Gram Punchuynt should 1)(:culled, he may call such
meetingat such time and <Itsuch plncc withln the 10c,11limits or tile. Cram Panchay.it
concerned ufter ensuring receipt of intimation of such emergency meeting by all

Powers
duties
Sabliapati.
and
of
Powers and
dillies of U{J-
Snbiiapati,
Right of iudivi-
dual member.
Resignation of
Snbhap ati or
Up-Sabliapati
or member.
Removal
SO/j/lOjJIIli and
Up-.';0 I)1:0jJO! i.
8
members.
(2) The business of the Gram Punchaynt shall be transacted in the language
commonly spoken and understood by the members.
C-l) Minutes of the proceedings at each meeting of the Gram Panchayat shall be
recorded in a book to be kept for this purpose and shall be read and signee! by the
Sabhap.ui 01'the meeting before the meeting disperses.
(4) ThcSachiva of the Gram Panchayut shall, within a week after a meeting of
theGram Pnnchayat isheld, sendcopies ofminutes ofevery such meeting totheSecretary
of the Rural Development Department and the District Development Officer-cum-
Panchayat Officer of the concerned district.
The Subhaputi shall-
(a) regulate the meetings of the Gram Pnnchnyar;
(b) be responsible Ior the maintenance of records and registers of tile Gram
Pnnchayar;
(c) exercise supervision and control over the acts clone and action taken by
the members of the Gram Panchaynt and such officers and other employees whose
services may be placed at thedisposal of the Gram Panchuynt by the State Governm-:
(d) operate jointly with the Snchiva of the Grum Punchnyat the fund'
Gram Panchayat including aurhoris.uion of payment, issue of cheques and refunds:
(e) issue receipts under hissignature for money received by him on behalf of
the Gram Panchuynt;
(I') C<IUSCpreparation of all statements and reports required by or under this
Act;
(g) exercise such other powers, perform such other functions ami discharge
such other duties as the Gram Panchayat may, by general or special resolution, direct or
as the State Government may prescribe.
24. The Up-Subhup.iri shall-
(a) in the absence of the Snbhnpnti rcgul.ue the meetings of the Gr,11l1
Pnnchay.u;
(b) exercise such of thepowers and perform such other functions and discharge
such of the duties 01't11eSubhnpari ,IS the Sabhupau may, ['10m time to time, delegate to
him by order in writing:
Provided 111<\tthe Subhapati may at any time withdraw all or ,111)'of the
powers, functions and duties so delegated to the Up-Snbhapnri;
(c) during the absence of the Subhupati, exercise all the powers, perform nil
the functions and discharge all the duties 01'the Subhup.ui.
25. The Incmbcrof aGram Punchaya tat any of themeeting may.move resolution
and put questions to the Snbhupnri or Up-Snbhupnti or the Sachivu, as the case may be,
on matters COilncctcd wi: h the admi nistration of the Gram Punchnynt or execution of any
work or scheme undertaken by or entrusted to such Gram Pnnchaynr.
26. (I) A Subhapnti or an Up-Snbhapnri or ,I member of a Gram Punchayat may
'resign i1i~;office by notifying inwriting his intenrion todo so to the prescribed authority
<111(1Oil suchresignationbeingaccepted theSabhapnti ortheUp-Sablmpatiorthemember
skill vacate his office .ind the c,lsual vacancy shall he deemed to h,IVCoccurred in such
ollicc':
'J/'I .•
Provided that a person tcndering re,;igll<ltion1Il,1)'withdraw his resignation
before it is accepted by the prescribed authority.
0) Whcn the rcsign.uiou is accepted under sub-section (I), the prescribed
i\uli1uriI.Yshnll communicate itto the members ofthe Gram Punchnyat within IIperiod of
thirty chys 01'xuch :lcCCI)tiIIICC.
Xi. :\ :·:,\I,II<lru1ior uu Up-S:lbklp;Jti or,IGr.un Pnnchayut may, at any time [)I,;
removed Ircm ollil'c hy a resolution ()rth~:(Jr:111lPunchnyat carried by the majority of
the members 01' the Crml1 P,II1C!t:lY;ltpresent ,n a IfI,:ct!ng specially convened for the

28. (1) Inthe event of removal of a Snbhap.ui or an Up-Sabhapun under section 27
or when avacancy occurs inthe office of aSabhapari or nil Up-Subhnpnti byresignarion,
death or otherwise, the Gram Puuchaynt shall elect another Sabhapnti or Up-Sabhaputl
and the person so elected shnll take office forthwith and shall hole!such office for the
unexpired term of office of his predecessor.
(2) No person who Ius been removed from office under section 27 shall be
eligible for re-election to the vacancy so caused.
2~). (1) The prescribed authority may, after giving :\1\ opportunity, to a member of a
Gram Panchaynt to show cause :tg,tinst the action proposed to be taken against him, by
order remove Itim from office if-
(a) after his election he is convicted by a criminal court of an offence
involving moral turpitude and punishable with imprisonment for a period of mort: than
six months; or
(b) he was disqualified to be a111CI11\)<,;}'of the Gram Punchuyat at the time of
his election; or
(c) he incurs any of the disqualifications mentioned in section 16, after his
election ns a member of the Cram Punchuy.u; or
CeI)he is absent from three consecutive meetings of the Gram Pnnchayat
without the lC;lvl:orthe Grum Punchuyur.
(2) Any member of a Grum Panchayut who is removed from his office: by the
prescribed authority under sub-section (1) may, within a period of thirty days from the
date of the order, appeal to the Secretary to the Government of Sikkim in the Rural
Development Depnrunen t who may stay the operation of the order tiII the disposal of the
appeal and may, after giving notice of the appeal to the prescribed authority nnd after
givingthe~tppcllan tan opportun ityof beingheard, modiIy, setaside orconfirm theorder.
Explanation :-For the purpose of this sub-section, the term "Secretary" will mean
only the Sccircrary .
.\ (3) Theorder passed by such authority on such appeal shall he final.
30. (1) If the office of a member of a Gram Panchuyut becomes vacunt by reason of
his death, resignation, removal or otherwise, Stichvacancy shall be filledin by election
of another person under this Act. The person elected shall take office forthwith anc\shall
hold such office Corthe unexpired term of office of his predecessor:
Provided that noelection for filling in of acasual vacancy shall be held if the
vacancy occurs within a period of six months preceding the date on which the term of
office of the person concerned expires.
(2) No person who has been removed frOI11hi\;office under section 29 shall be
eligiblc for re-election to the vacancy so causer!
Sacliivu o] ~)1. (1) Every Grnrn Panchnynt shul l, ,ttitsfirst meeting at which aquorum ispresent,
Gram Pan- elect:one.of its members to be Suchivn of the.Cram Puuchayar:
cltayat. Provided that no member who is 110table to rend or write any of the official
lnnguagcs of the Stare shall be qualified to be elected as a Sachiva:
Provided further that where no such person as referred to in the first proviso
is availublc, the Gram Pnnchuyat \11,\)'appoint Punchnyut Assistant appointee! by the
Secretary to the Government in the Rural Development Department to look after the
Filling o] ca-
sual vacancy in
the office of
Sabliap ati or
Up-Sobhapoti.
Removal of
member of
.:.;;. Gram Pall-
ch-iyat.
Filling of ca-
S! uil vacancy of
metnbc r of
Gram Pall"
chayat.
"
9
purpose. Notice of such meeting shall be given to the prescribed authority:
Provided that at any such meeting while any resolution for the removal of-
(i) the Sabhupnri from his office is under considcrnt ion: or
(ii) the'Up-Sabhap.ui from his office is under consideration,
he shall not,though prcsent,preside atsuch meeting and theprovisions ofsub-
section (4) or section 20 s!l~tllapply in relation to any such meeting as they apply in
relation to itmeeting from which the Sabhnpnri or, ,1S the case may be, theUp-Sabhapnti,
is abscnt.
works of S:\C.:hiv,l,

Resignation of
Sachiva.
Removal of
Sacliiva.
Obligatory du-
ties of Gram
Pancliayat,
10
(2) The Sachivn or the Gram Panchuya: so elected or :IS il.e cnse may ')c,
appointed shall assist theSubhnpari or the Up-Sabhapari, as the case may be,of the Gram
Panchnyat indue mui ntcnance ofthe Gram Panchayat office :lnclfor proper org;lnisation
and execution of rural development schemes and shall be directly answerable to the
members of the Gram Panchnyat.
(3) The Sachiva shall be in charge of office of theGram Panchuynt and shall
exercise such powers and perform such other functions and discharge such other duties
as the State Government may, by rules made inthis bcbnlfprescribe.
(4) The term ofoffice of tileSachiva shall, subject tothe provisions of section 33
be co-terminus with the term of the Grum Punchnyut.
32, A Sachivn of aGram Punchayat may resign his office by notifying inwriting
his intention to do so to the prescribed authority :\J1c1on such resignation being accepted
the Snchiva shall vacate his office and the casual vacancy shall be deemed to have
occurred in such office:
Provided that a person tendering resignation may withdraw his resignation
before it is accepted.
(2) When the resignation is accepted under sub-section (1), the prescribed au-
thority shall communicate it to the members of the CiLlI1) Panchayat within a period of
:1,i;Wclaysof such acceptance.
33. (I) A Suchiva may, at any time, be removed from office by a resolution of the
Gram Panchaynt carried by the majority of the members of the Gram Panchnyat present
at a meeting specially convened for the purpose. Notice of such meeting shall be given
to the prescribed authority.
(2) In the event ofremoval ofa Sachiva under sub-section (1) or when a vacancy
occurs in the office of aSuchiva by resignation, death or otherwise, the Gram Panchayat
shall elect one ofirs members tobetheSachivn and theperson soelected shall take office
forthwith and shall hole!such office for the un-expired term of office of his predecessor.
(3) No person who has been removed from his office under sub..section (1) shall
be eligible for re-election to the vacancy so caused.
~-
CHAPTER1V
DUTIES OF GRAIVr P/I"NCHAYAT
34, Subject toany general orspecial direction oftheState Government, theduties
of it Gram Punchayut shall be to provide within the area under its jurisdiction for-
(a) sanitation, conservancy and drainage and the prevention of public nul-
sauce:
(b) curative and preventive measures in respect of any infectious disease;
(c) supply ofdrink ing water und rhecleaning nne!disinfecting the sources of
supply and storage of water;
(d) maintenance, repair and construction of village roads and protection
thereof;
(e) the removal of encroachments of village roads or public places;
(0 .thc management of C0l111110n grazing grounds, burning places and public
graveyards;
(g) the supply of any local information which the District Collector or
District Development Offlccr-cum-Punchnya: Officer01' the Zilla Panchayat may re-
quire, within tile limits of thejurisdiction of the CiI':UI1 Punchuyat;
(\1) organising voluntary labour Corcommunity work and works for the
uplifnnenr of its arcus:
(1) cont1'01 :ll\c1aclmi11isrration 01'theera III Panchayat Fundestablished under
this Act:

Other duties (If'
Gram Pan-
chayat.
11
Cj) the imposition, assessment and collection ofraxes, fees or rates leviable
under th.i.sAct;
(k) construction and maintenance of dharmasalax;
(1) regulating pLlCCSfor the disposal of dead bodies and carcasses and other
offensive marrers;
(m)assisting the development of agriculture, forestry, animal husbandry,
poul try, fisheries, village nnd cottage industries and co-operuti ve;
(n) registering births, deaths and marriages andannually submitting such
records to the Zilla Pauchnyar:
(0) maiurcnance of such records relating to caule census, population census,
crop.census aile!census of unemployed persons aile!such other statistics as may be
required and .mnually submiuing such records to the Zilla Pnnchayar:
(p) regulating inflow of animals within the :1I'C:t and their transfer:
(q) destruction aile!disposal of ownerless and rabid clogs ane!disposal of
unclaimed animals;
(r) mnintcnnnce, upkeep nnd supervision 01'any building or other properly
which may be entrusted to it by the Stale Government for management;
(s) assisting the Zilla Panchayat in preparing development plan of its area;
(t) rendering assistance incxtingusihing fire :ll\clprotecting life and property
when fire occurs;
(1I) ;\11)' other local work orserviceof publicutiliiy which is Iikcly to promote
the health, ('01111'0['(,convenience or m.uerial prosperity of the public not otherwise
providee! for ill ihis ACI;
(v) such other duties asmay be:entrusted to it by the State Government from
time to time,
35, (l) A Grum Panchnyntshall also perform such other functions as the State Gov-
ernment may assign to it in respect 01'-
(a) primury, social, technical or vocational education:
(b) rural dispensaries, health centres, maternity and chile!welfare centres;
(c) minor irrig~llion;,
(d) grow more food campaign;
(e) l:'IJ'C· of the infirm .md dcstirute;
(f) rchnbilitution ofdisplaced persons;
(g) improved breediugofcattie,medrealtreatment ofcnnle and prevention of
call le diseases;
(11)itsacring11Sachannel through which Government assistance should reach
the residents of the Gmm;
(i)hringing private waste land under cultivation;
(j)proll1olion of plantarions III the Gram;
(k) <1rrangil1g for cultivation of land lying fal

Excerpt shown. Open the full act in Lexace.

‹ Prev All Sikkim acts Next ›