LexThe Tripura Panchayat Act,1993.
Tripura · state statute
Open in Lexace · Ask the AI about this actTRIPURA ACT NO. 7 OF 2021
The Tripura Panchayats Act
1993
(As amended upto the 24th July,2018 vide Law
Department Notification No. F 8(6)-Law/Leg-I/2018
dated 24th July,2018,)
First, Second, Third, Fourth, Fifth & Sixth
Amended have been incorporated with this Principal
Act, 1993.
CONTENTS
PART—I
PRELIMINARY
CHAPTER—I
1. Short title, extent and commencement. 3
2. Definition. 3
PART—II
GRAM PANCHAYAT
CHAPTER—I
Gram
3. Constitution of Gram. 9
4. Composition of the Gram Sabha. 9
5. Effect of alteration of the area of a gram 9
6. Effect of inclusion of a Gram or part thereof in Municipality etc 11
7. Convening of meeting. 12
8. Vigilance Committee. 12
9. Presiding officer. 12
10. Matters for consideration 12
CHAPTER—II
Constitution of Gram Panchayat
11. Gram Panchayats and their constitution. 14
12. Composition of Gram Panchayats 14
13 Power to divide Gram into constituencies and to fix the members to be
elected from each constituency.
15
14. Reservation of seats. 16
15. General disqualification for membership of Gram Panchayat. 17
16. Disqualification on ground of defection 18
17. Election of members of Gram Panchayat. 19
18 Durat io n of G ra m Pa nc hayat a nd te rm o f off ic e of memb ers of
Gram Panchayat.
20
19 M a j o r ity o f me m be rs e le ct e d a t a G e ner a l E l e ct i o n t o f u n ct i o n
when election of members from some constituencies cannot be held.
21
20 Pradhan and Upa -Pradlaan 22
21 R e s i g n a t i o n o f P r a d h a n , Upa -Pradh an or a member - 24
22 Rem ova l of m em be r o f G ram P an c hayat 24
23 Rem ova l of P r ad ha n o r Up a- Pr ad ha n 25
24 Filling of casual vacancy in the office of Pradhan or Upa -Pradhan. 26
25 Filling of casual vacancy in place of a member of Gram Panchayat. 26
26 Term of office of Pradhan. Upa -Pradhan or member filling
casual vacancy.
27
27 M e e t i n g o f G r a m P a n c h a y a t . 27
28 Transaction of business at Panchayat meetings 28
29 Meeting of Gram Sabha. 28
30 Report on the work of G ram Panchayat. 29
CHAPTER—III
Powers and Duties of Gram Panchayat
31 Obligatory duties of Gram Panchayat 30
32 O t h e r d u t i e s o f G r a m P a n c h a ya t. 30
33 Dis cretionary duties of G ram Panchayat. 32
34 State G ove r nme nt t o p la ce fu n d. 33
35 Control of building operation. 33
36 I m p r o v e me n t o f s a n i ta t i o n- 34
37 P o we r o f G r am Pa n c ha ya t ove r p u b l i c s t r ee ts , w at e r w ays a nd other
matters.
35
38 Power of Gram Panchayat in respect of polluted water supply. 36
39 Power of G ram Panchayat to prevent g rowth of water hyacinth or
other weed which may pollute water. 37
40 Emerg ent power on out -b reak of e pidem ic. 37
41 Power of recovery of cos t work carried out by G ram Panchayat
on failure of any person.
38
42 Joint Committees .
38
43 Delegation of functions by Zilla Parishad and Panchayat Samiti. 38
44 Deleg ation of functions of G ram Panchayat to its Pradhan. 39
45 G ra m P a nc hay ats may m an ag e es ta tes , p ro pe rt ies an d i nt er es ts
vested in the State.
39
46 P ow e r, fun c ti ons and du ti e s of P radh an an d U p -P rad han. 39
47 Handing over charge by the retiring Pradhan to the new Pradhan, 40
CHAPTER—IV
Staff of Gram Panchayat
50 Secretary of Gram Panchayat. 43
51 Staff of the Gram Panchayat. 43
52 Exercise of powers etc. by the officers and employees 43
CHAPTER—V
Property and Fund of Gram Panchayat
53 Power to acquire , Hold and dispose of property. 45
54 Property vested in the Gram Panchayat. 45
55 Allocation of properties to Gram Panchayats. 45
56 Acquisition of land for Gram Panchayat. 46
57 Power to borrow money. 46
58 Gram Panchayat Fund. 46
59 Imposition of tax by Gram Panchayats. 47
60 Levy of rates and fees. 49
61 Appeal against imposition of tax and levy, rate or fee. 50
62 Recovery of toll taxes. Rates or fees as arrears of land revenue. 50
63 Remission or revision of taxes. Tolls, rates or fees. 50
64 Budget of the Gram Panchayats. 50
65 Supplementary budget. 51
66 Accounts. 51
48 R i g h t s o f i n di v i d u al m e m b e r s 41
49 P radhan, Upa -Pradhan or mem be r not to re cei ve sal ary e tc. 41
PART III
PANCHAYAT SAMITI
CHAPTER—I
Constitution of Panchayat Samiti
67. Creation of Block. 52
68. Constitution of Panchayat Samiti. 52
69. Effect of alteration of the area of Block, 53
70. Composition of Panchayat Samiti. 54
71. Number of members to be elected to Panchayat Samiti. 55
72. Reservation of seats. 56
73. Duration of Panchayat Samiti. 56
74 General Election to the Panchayat Samiti. 57
75 Disqualification of members of Panchayat Samiti. 58
76 Disqualification on the ground of defection. 59
77
Majority of members elected at a General Election to function when election
of members from different constituencies cannot be held
member
when election of members from different constituencies
cannot be held.
60
45
78 Election of Chairman/Vice -Chairman 60
79 Reservation of seats 62
80 Resignation of Chairman/Vice -chairman or member. 63
81 Removal of member of Panchayat Samiti. 63
82 Removal of Chairman/ Vice Chairman. 64
83 Filling of casual vacancy in the office of Chairman/Vice -Chairman 65
84 Filling of casual vacancy of the office of the member of Panchayat Samiti. 65
85 Term of office of Chairman, Vice Chairman or member filling casual vacancies. 65
86 Salary and allowances of the Chairman, the Vice -Chairman and others. 65
87 Meeting of Panchayat Samiti. 65
88 List of business to be transacted at a meeting, 68
89 Report on the work of the Panchayat Samiti. 68
90 Block Development officer to attend meeting. 68
CHAPTER—II
Functions and Powers of Panchayat Samiti.
91 Functions. 50 69
92 Assignment of functions. 73
93 Powers of Panchayat Samiti. 73
94 State Government may place other properties under the control of Panchayat
Samiti.
74
95 54 Power of Panchayat Samiti to transfer roads or properties to the State
Government or Zilla Parishad or Gram Panchayats.
75
96 Panchayat Samiti may take over works. 75
97 Power of Panchayat Samiti to divert, discontinue or close road. 75
98 Vesting Panchayat Samiti with certain powers. 55
7
5
99 Powers of supervision by Panchayat Samiti over Gram Panchayat. 55
7
5
100 Powers of Panchayat Samiti to grant license for hat or market. 55
7
6
101 Powers, functions and duties of Chairman and Vice -Chairman. 76
CHAPTER—Ill
Staff of Panchayat Samiti
102 Staff of Panchayat Samiti 77
103 Placing the services of State Government officers at the disposal of Panchayat
Samiti.
78
104 Control and establishment of the staff of Panchayat Samiti. 79
105 Appeal. 79
106 Exercise of powers etc. by the officers and employees. 79
CHAPTER—IV
Standing Committees of Panchayat Samiti.
107 Standing Committee of the Panchayat Samiti. 80
108 Functions of the Standing Committees. 81
109 Procedure of Committees. 83
110 Executive Committee, 84
111 Casual vacancy 84
1
1
1
.
CHAPTER—V
Property and Fund of Panchayat Samiti.
112 Power to acquire, hold and dispose of Property. 85
113 Panchayat Samiti Fund. 85
114 Taxation. 86
115 Recovery of tolls, taxes, rates, or fees as arrears of land revenue. 87
116 Remission or revision of taxes, tolls, rates or fees. 87
117 Loans and sinking fund. 88
118 Budget of the Panchayat Samiti. 88
119 Accounts. 89
120 Functions of the Executive Officer and other officers. 89
PART IV
Z1LLA PARISHAD
CHAPTER-1
Establishment of Zilla Parishad
121 Constitution of Zilla Parishad
91
122 Composition of Zilla Parishad. 92
123 Elected members. 93
124 Reservation of seats. 93
125 Term of office of member of Zilla Parishad. 94
126 General election to Zilla Parishad. 94
127 Disqualification of members of Zilla Parishad. 96
128 Disqualification on the ground of defection and decision thereon 97
129 Majority of members elected at a General Election to function when election of
members from different constituencies cannot be held.
98
130 Election of Sabhadhipati and Sahakari Sabhadhipati - 98
131 Reservation. 100
132 Salary and allowances of the Sabhadhipati and Sahakari Sabhadipati and
others,
101
133 Resignation of Sabhadhipati or Sahakari Sabhadhipati or a member. 101
134 Removal of member of Zilla Parishad. 101
135 Removal of Sabhadhipati and Sahakari Sabhadhipati - 102
136 Filling of casual vacancies. 103
137 Filling of casual vacancies in place of elected members. 103
138 Terms of office of Sabhadhipati and Sahakari Sabhadhipati or member filling
casual vacancy.
103
139 Meeting of Zilla Parishad 103
140 List of business to be transacted at a meeting. 104
141 Report on the work of Zilla Parishad. 105
142 District Magistrate and Collector to attend the meeting. 105
CHAPTER—II
Powers, Functions and Duties of Zilla Parishad
143 Functions of Zilla Parishad. 106
144 General Powers of Zilla Parishad 112
145 Assignment of functions. 112
146 83 Delegation of Powers, 112
147 83 State Government may place properties on the Zilla Parishad. 112
148 Power of Zilla Parishad to transfer roads to the State Government or
Panchayat Samiti.
113
149 Vesting of Zilla Parishad with certain powers 113
150 Power of supervision over Panchayat Samiti and Gram Panchayat. 113
151 Power, functions and duties of Sabhadhipati and Sahakari Sabhadhipati. 114
CHAPTER—III
Standing Committees of Zilla Parishad
152 Standing Committees. 116
86 153
154.
155.
Functions of Standing Committees. President and Secretary. 117
88 154 President and Secretary. 119
155 Registration 120
CHAPTER—IV
Executive Committee of Zilla Parishad
156 Executive Committee. 121
CHAPTER—V
Staff of Zilla Parishad
157 Staff of Zilla Parishad. 122
158 Placing the services of State Govt. officers at the disposal of Zilla Parishad. 123
159 Disciplinary power of the State Government. 123
160 Control and punishment of the staff of the Zilla Parishad. 123
161 Appeal. 123
162 Exercise of powers etc by the officers and employees. 124
CHAPTER—VI
Property and Fund of Zilla Parishad
163 Power to acquire, hold and dispose of property. 125
164 Works constructed by Zilla Parishad to vest in it. 125
165 Allocation of properties to Zilla Parishad. 125
166 Aquisiton of land for Zilla Parishad. 125
167 Zilla Parishad Fund. 125
168 Levy of tolls, fees, taxes or rates. 126
169 Recovery of tolls, taxes, rates or fees as arrears of land revenue. 127
170 Remission or revision of taxes, tolls, rates or fees. 127
171 Zilla Parishad may raise loan and create a sinking fund, 128
172 Zilla Parishad may borrow money. 128
173 Budget of the Zilla Parishad 128
174 Supplementary budget- 129
175 Accounts. 129
PART-V
MISCELLANEOUS
CHAPTER-1
Election to Gram Panchayat, Panchayat Samiti and Zilla Parishad
176 Election 130
177 Electoral rolls 132
178 Notification regarding programme for preparation of Electoral Rolls 132
179 Preparation of Electoral Rolls and draft publication 132
180 Claims and Objectios. 134
181 Manner of lodging claims and objections 134
182 Procedure for disposal of claims and objections 135
183 Inclusion of names in the Electoral Rolls inadvertently omitted 136
184 Final publication of Electoral Rolls. 136
185 Claim for inclusion of name after final publication. 137
186 Correction of error in roll after final publication. 137
187 Appeals. 138
188 Penalty for making false declaration. 138
189 Jurisdiction of civil courts barred. 139
190 Right to vote. 139
191 Qualification for membership of Gram Panchayat, Panchayat Samiti and Zilla Parishad. 140
192 Bar of Jurisdiction of court. 141
193 Direction from Government. 141
194 Powers of State Government to dissolve Gram Panchayat, Panchayat Samiti or Zilla
Parishad.
141
195 Consequence of dissolution. 142
196 Inspection. 143
197 Delegation. 143
198 Constitution of Panchayat election tribunal. 144
CHAPTER-II
Electoral Offences and Election Disputes
199 Breach of official duty in connection with preparation etc. of electoral roll. 145
200 Prohibition on Public meeting before election. 145
201 Prohibition on canvassing in or near polling station. 145
202 Penalty for disorderly conduct in or near polling station. 146
203 Penalty for misconduct at polling station. 146
204 Removal of ballot paper from polling station to be an offence. 147
205 Other offences and penalties there for. 147
206 Maintenance of secrecy of voting. 148
207 Officers etc. at an election not to act for the candidates or influence
voting.
149
208 Breaches of official duty in connection with election. 149
209 Pr os e cu ti o n i n c e rta i n o f fen ces . 150
210 Co r ru pt p r act i ces . 150
211 Disqualification of persons who commit corrupt practices from being
candidates
152
212 Saving of acts done by a member before election is set aside. 153
213 Bar to interference by courts in election matters. 153
CHAPTER III
Finance Commission
214 Finance commission for Panchayats. 15 4
CHAPTER IV
Audit and Miscellaneous
215 Audit. 156
216 Power over decision of the committees. 156
217 Oath or affirmation by members of Gram Panchayat, Panchayat Samiti
and Zilla Parishad.
156
218 Power of State Government to resc ind or suspend resolution of a G ram
Panchayat, Panchayat Samiti or Zilla Parishad.
157
219 Penalty for infringement of the provisions of the Act. 158
220 Infringement of rules bye -laws or regulations. 158
221 Penalty for tampering with the Panchayat property. 158
222 * * * Deleted
223 An nu a l ad m in is t r at io n re po rt. 158
224 Power of g ram Panchayats to make bye -laws. 159
225 Power of Panchayat Samitis to make regulations. 159
226 Power of Zilla Paris hads to make reg ulations. 159
227 Power of Government to make model regulations. 159
228 Rules and order to be lai d before the House of the State Legislature. 160
229 Removal of difficulties 160
230 Repeal and s avings. 160
1
Published in the
EXTRAORDINERY ISSUE OF TRIPURA GAZETTE
Agartala, Tuesday, November 16, 1993 A.D.Kartika 25, 1915 S.E
Government of Tripura
Law Department
NO.F.10(5)-Law/Leg/93 Dated, Agartala the 10th November, 1993
The following Act of the Tripura Legislative Assembly received the assent of the
Governor on the 7th November, 1993 and is hereby published for general information;-
2
Tripura Act No. 7 of 1993
THE TRIPURA PANCHAYATS ACT, 1993
AN
ACT
to reorganize Panchayats is rural areas of Tripura and to provide for matters connected
therewith or incidental thereto.
Whereas it is expedient and necessary to replace the present statute relating to
Panchayats to bring it in conformity with the purpose substance and direction of the
Constitution(Seventy third) Amendment Act 1992 which came into force on 24 th April 1993,
in general, and, in particular, to endow the Panchayat s with functions and powers so as to
enable them to function as vibrant institutions of local self -government with greater
peoples’ participation in managing their own affairs besides imparting certainty continuity
and democratic content and dignity aiming , among other things, at the realisation of
economic and social justice.
BE it enacted by the Tripura Legislative Assembly in the Forty -fourth year of the
Republic of India, as follos;-
3
PART-I
Preliminary
CHAPTER-I
1. (1) This Act, may be called the Tripura Panchayats Act, 1993.
(2) It shall extend to the whole of the State of Tripura except the Area
which has been or may hereafter be declared as, or included in, a
Municipality or a Notified Area under the provisions of any law for the
time being in force or a Cantonment under the provisions of the
Cantonments Act, 1924 and except the Tripura Tribal Areas
Autonomous District.
(3) This section shall come in to force at once ; the remaining sections
shall come into force on such date or dates and in such area or areas
as the State Government may, by notification, appoint and different
dates may be appointed for different Sections and for different areas.
2. In this Act, unless there is anything repugnant in the subject or
context----
(1) "Auditor" means an Auditor appointed under this Act and includes
an officer authorised by him to perform all or any of the functions of
an Auditor;
(2) "Bye-Election" means an election held to fill a casual vacancy;
(3) "Block" means an area referred to in Section 67 or such local area
in a district as the State Government may constitute to be a block;
(4) "Block Development Officer/Additional Block Development
Officer" means an officer appointed as such by the State Government
and includes the Additional Block Development Officer -in-charge of
Block;
Short Title,
extent and
commencement
Definition
4
[(4A) "Beneficiary" means an individual or a family, or a group of
person, or a Cooperative Society as defined in the relevant law for the
time being in force, Provided with grant or benefit in cash or kind
under any scheme of State Government or an Autonomous Body
including a Panchayati Raj Insitution and any scheme of Central
Government implemented through the State Government or an
Autonomous Body including a Panchayati Raj Institution ;]1
(5) "Casual Vacancy" means a vacancy occurred otherwise than b y
efflux of time in the office of an elected Gram Panchayat, Panchayat
Samiti or Zilla Parishad;
(6) "Constituency" means a constituency as determined for election of
members of a Gram Panchayat, Panchayat Samiti or Zilla Parishad
under the provisions of this Act;
(7) "Collector" means the Collector of the District appointed by the
State Government to be in-charge of a Revenue District;
(8) "Chairman or Vice -Chairman as the c ase may be" means the
Chairman or Vice -Chairman of a Panchayat Sa miti constituted under
this Act;
(9) "District" means a Revenue District or such local area in the State
as the State Government may constitute for the purpose of this Act;
(10) ["Director of Panchay ats" means Director of Panchayats,
Government of Tripura and includes any Officer appointed by the State
Government to exercise and perform all or any of the powers and
functions of Director of Panchayats under this Act.]2
(11) "District Council" means the Tripura Tribal Areas Autonomous
District Council constituted under the Sixth Schedule to the
Constitution of India;
(12) ["District Magistrate" means the District Magistrate for a District
and includes the Additional District Magistrate, Project Director,
1 Inserted by The Tripura Panchayats ( Second Amendment) Act, 1998
2 Substituted by The Tripura Panchayats ( Second Amendment) Act, 1998
5
District Rural Development Agency appointe d by the State
Government to ex ercise and perform all or any of the powers and
functions of District Magistrate under this Act;]1
(13) ["District Panchayat Officer" means the District Panchayats
Officer or any other Officer as may be appointed by the State
Government to exercise and perform all or any of the powers and
functions of District Panchayat Officer under this Act;]2
(14) ["District Planning Committee" means District Planning
Committee established and notified by the State Government under
appropriate provision of law;]3
(15) "Election Tribunal" means the Election Tribunal constituted
under Section 198;
(16) "First General Election" means the first general election of
members held for constitution of Gram Panchayats, Panchayat
Samities and Zilla Parishads after commencement of this Act;
(17) "Governor" means Governor of Tripura;
(18) "Gram Sabha" means a body consisting of persons registered in
the electoral rolls relating to an area comprised within the area of
Gram;
[(18A) “Gram Sansad” means a body consisting of persons registered
at any time in the Electoral Rolls pertaining to a constituency or a
group of constituencies delimited for the purpose of last preceding
election to the Gram Panchayat;]4
(19) "Gram" means a Gram d eclared or deemed to have been
declared as such under this Act;
(20) "Gram Panchayat" means a Gram Panchayat constituted under
this act;
1 Substituted by The Tripura Panchayats ( Second Amendment) Act, 1998
2 Substituted by The Tripura Panchayats ( Second Amendment) Act, 1998
3Substituted by The Tripura Panchayats ( Second Amendment) Act, 1998
4Inserted by The Tripura Panchayats (Second Amendment) Act, 1998
6
(21) "General election" means an election of members held for
constitution of Gram of Gram Panchayats, Panchayat Samities or Zilla
Parishads in such areas as the State Government may, by notification,
specify and includes the first General Election;
(22) ["Local Authority" means the local authority constituted under
any law for the being in force and includes the Tripura Tribal Area s
Autonomous District Council, Municipal Authorities, Notified Area
Authorities and Cantonment Authorities;]1
(23) "Member" means a member of a Gram Panchayat or Panchayat
Samiti or Zilla Parishad;
(24) "Notification" means the notification published in the Tripu ra
Gazette;
(25) "Pradhan" means the Pradhan of a Gram Panchayat elected
under Section 20;
(26) "Prescribed" means prescribed by rules made under this Act;
(27) "Prescribed Auth ority" means an authority appoi nted by the
State Government by notification published in the Official Gazette, for
all or any of the purposes of this Act;
(28) "Public property" and "Public Land" means any public building,
park or garden or other place to which for the time being the public
have or are permitted to have access whether on payment or
otherwise;
(29) "Public Servant" means a public servant as defined in Section 21
of the Indian Penal Code 1860 (Act XLV of 1860);
(30) "Public Street" means any street, road, lane, gulley, passages,
path way, bridge, square or court, whether a throughfare or not, over,
which the public have a right of way, and includes side drains or
gutters and the land upto the boundary or aubtting property;
(31) "Panchayat Area" means the territorial area of a Panchayat;
1 Substituted by The Tripura Panchayats (Second Amendment) Act, 1998
7
(32) "Population" means the population as ascertained at the last
preceding census of which the relevant figures have been published;
(33) "Panchayat Extension Officer/Panchayat Officer" means an
officer appointed as such by the State Government or Director of
Panchayats;
(34) "Panchayat Samiti" means a Panchayat Samiti Constitute d under
this Act;
(35) "Panchayat" means an institution of self Government constituted
under this Act for the rural areas;
(36) "Panchayat Area" means the territorial area of a Panchayat;
(37) "Qualifying Date" in relation to the preparation or revision of
electoral rolls means the first day of January of the year in which it is
so prepared or revised;
(38) "State Election Commissioner" means the officer appointed by
the Governor of Tripura as such under Section 176;
(39) "Scheduled Castes" means such castes as are specified b y order
made by the President under Article 341(1) of the Constitution of India
as modified by law made by the Parliament from time to time in so far
as the specification relates to the State of Tripura;
(40) "Scheduled Tribes" means such tribes as are specifie d by order
made by the President under Article 342(1) of the Cons titution of India
as modified by law made by the Parliament from time to time in so far
as the specification relates to the State of Tripura;
(41) "State Government" or "Government" means the Gove rnment of
Tripura;
(42) ["Sub-Divisional Magistrate " means a Sub -Divisional Magistrate
of the Revenue Sub-Division and includes any Officer appointed by the
State Government to exercise and perform all or any of the powers
and functions of Sub-Divisional Magistrate under this Act;]1
1 Substituted by The Tripura Panchayats ( Second Amendment) Act, 1998 and
(Third Amendment) Act, 2003
8
(43) "State Legislature" means the State Legislature of Tripura;
(44) "Section" means Section of this Act;
(45) "Sabhadhipati" means a Sabhadhipati of a Zilla Parishad elected
under Section 130;
(46) "Sahakari Sabhadhipati" means Sahakari Sabh adhipati of a Zilla
Parishad elected under Section 130;
(47) "Standing Committee" means a Standing Committee constituted
by a Zilla Parishad or a Panchayat Samiti constituted under this Act;
(48) "Upa-Pradhan" means an Upa -Pradhan of a Gram Panchayat
elected under Section 20;
(49) "Year" means the year beginning on the 1st day of April;
(50) "Zilla Parishad" means a Zilla Parishad constituted under this Act.
9
PART II
GRAM PANCHAYAT
CHAPTER I
Gram
3. (1) The State Government may, by notification, published in the
Official Gazette, declare for the purpose of this Act, any revenue
mouza or part of a revenue mouza or groups of revenue mouzas or
parts thereof to be a Gram.
(2) The notification under sub-section (1) shall specify the name of the
Gram by which it shall be known and shall specify the local limits of
such Gram.
(3) The State Government may, after making such enquiry as it may
think fit, [***]1 by notification published in the Official Gazette-----
(a) exclude from any Gram any area comprised therein;
(b) include in any of a Gram any area contiguous to such
Gram;
(c) divide the area of a Gram so as to constitute two or more
Grams; or
(d) unite the areas of two or more Grams so as to constitute a
single Gram.
4. (1) Gram Sabha shall be a body consist ing of persons registered in the
electoral rolls relating to an area comprised within the area of Gram.
5. (1) When an area is excluded from a Gram under cl ause (a) of sub-
section (3) of Section 3, such area shall , as from the date of the
notification referred to in that sub -section, cease to be subject to the
1 Deleted by The Tripura Panchayats (Second Amendment) Act, 1998
Constitution
of Gram
Composition
of Gram Sabha
Effect of alteration of
the area of Gram
10
jurisdiction of the Gram Panchayat of that Gram and, unless the State
Government otherwise directs, to the rule s, orders, directions and
notifications in force therein.
[Provided that in the event of exclusion of any area comprising whole
of constituency or constituencies of a Gram such constituency or
constituencies shall cease to exist and the member or members
elected therefrom shall be deemed to have vacated the office of
member including office of the Pradhan or the Upa Pradhan if any held
by him. But if the excluded area comprises only a part of the
constituency, such constituency shall continue to exist and the
member shall continue to hold his office.]1
(2) When an area is included in a Gram under clause (b) of sub -
section (3) of Section 3, the Gram Panchayat for that Gram shall, as
from the date of the notification referred to in that 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 as included.
(3) When the area of any Gram is divided under clause (c) of sub -
section (3) of Section 3, so as to constitute two or more Grams, the
Gram Panchayat of that Gram shall, from the date of the notification
referred to in that sub-section, cease to exist a nd there shall be
reconstitution of the Gram Panchayat for the newly constituted Grams
in accordance with the provisions of this Act.
(4) When the areas of two or more Grams are united under clause (d)
of sub-section (3) of Section 3, so as to constitute a single Gram, the
Gram Panchayats of the said Grams shall, as from the date of the
notification referred to in that sub -section, cease to exist and sepa rate
Gram Panchayat shall be constituted for the new Gram in accordance
with the provisions of this Act.
(5) When under sub -section (3) of Section 3, any area is exclud ed
from, or included in a Gram or a Gram is divided so as to constitute
two or more Grams, or two or more Grams are united to constitute a
single Gram, the properties, funds and liabilities of the Gram
Panchayat or Gram Panchayats affected by such reorgani sation shall
vest in such Gram Panchayat or Gram Panchayats and in accordance
1 Inserted by The Tripura Panchayats (Third Amendment) Act, 2003
11
with such allocation, as may be determined by order in writing by the
prescribed authority and such determination shall be final.
(6) An order made under sub -section (5) may c ontain such
supplemental, incidental and consequential provision as may be
necessary to give effect to such reorganisation.
6. (1) If at any time the whole of the area of a Gram is included in a
Municipality, or in an area constituted as Notified area under any law
for the time being in force or in an area under the authority of
cantonment, [Autonomous District, ]1 the Gram Panchay at concerned
shall cease to exist and the properties, funds and other assets vested in
such Gram Panchayat and all the rights and liabilities of such Gram
Panchayat shall vest and develo p on the commissioner of the
Municipality or on the N otified Area A uthority or on the Cantonment
Authority, [or the Tripura Tribal Areas Autonomous District Council]2 as
the case may be.
(2) If at any time, a part of the area of a Gram is included in a
Municipality of in an area constituted as notified area under any law
for the time being in force or in an area under the authority of the
cantonment, [the Tripura Tribal Area s Autonomous District Council ]3
the area of the Gram shall be deemed to have been reduced to the
extent of the part as included in a municipality or in th e area
constituted as a notified area or under cantonment and the properties,
funds and and liabilities of the Gram Panchayat concerned in respect
of the part so included shall vest and develop on the commissioner of
the municipality or on the notified ar ea authority or on the
cantonment authority, [the Tripura Tribal Area s Autonomous District
Council]4 as the case may be, in accordance with such allocation as
may be determined by the prescribed authority, and such
determination shall be fin al, and unless the state Governm ent
otherwise directs, all rules, orders, directions and notifications in force
in the area under the authority of the commissioner s of the
municipality or notified area authority or cantonment as the case may
be, shall apply to the part of the area of the Gram so included.
1 Inserted by the Tripura Panchayat (second Amendment) Act,1998
2 Inserted by the Tripura Panchayat (second Amendment) Act,1998
3 Inserted by the Tripura Panchayat (second Amendment) Act,1998
4 Inserted by the Tripura Panchayat (second Amendment) Act,1998
Effect of inclusion
of a Gram or part
thereof in
Municipality etc
12
7. (1) [The periodicity and procedure for convening and conducting the
meetings of the Gram Sabha or the Gram Sansad as the case may be,
shall be such as may be prescribed.
(2) It shall be the responsibility of the Pradhan to convene the meeting
of the Gram Sabha or the Gram Sanshad as the case may be.
Provided that in the absence of Pradhan, the Upa -Pradhan may
convene meeting with prior specific approval of Gram Panchayat.]1
8. There shall be constituted a vigilance committe e for each Gram Sabha
with such number of persons and by such authority as may be
prescribed to supervise the Gram Panchayats works, schemes and
other activities and to put up reports concerning them in its meeting.
9. Every meeting of the Gram Sabha shall be presided over by the
Pradhan of the concerned Gram Panchayat and in his absence by the
Upa-Pradhan.
10. (1)[The Gram Sabha shall consider the following matters in such
manner as may be prescribed----
(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 made thereto;
(b) The budget of the Gram Panchayat for the next financial year;
(c) A broad report in respect of development programmes of the
Gram Panchayat relating to the preceding year and
development programmes proposed to be undertaken during
the current yea r. Such repo rt shall be accompa nied by full
statement of funds available during the preceding year and
the funds likely to be available du ring the current financial
year;
(d) A report prepared under section 30 and such report shall be
deemed to be modified to the extent o f the recommendation
and suggestions, if any, of the Gram Sabha; and
1 The provisions of section 7 and the proviso thereto have been Substituted by
the Tripura Panchayat (second Amendment) Act,1998
Vigilance
Committee
Convening of
meeting
Presiding
officer
Matters for
consideration
13
(e) Such other business relating to the affairs of the Gram
Panchayat may also be transacted at such meeting of the
Gram Sabha as may be agreed upon by them persons present
and also such oth er issues as referred by the State
Government from time to time.
(2)The Gram Sansad shall consider the following matters in such
manner as may be prescribed---
(a) Selection of beneficiaries;
(b) Selection of sites for works of public utility;
(c) A full report in respect of development programmes relating to
the concerned constituencies in the preceding year and
development programmes proposed to be undertaken during
the current year; and
(d) Such other issues referred by the State Government or
Panchayat from time to time.]1
1.The provisions of section 10 have been substituted by the Tripura Panchayat (second
Amendment) Act,1998
14
CHAPTER II
Constitution of Gram Panchayat
11. (1)For every Gram declared under Section 3 there shall be constituted
a Gram Panchayat bearing the name of the Gram to exercise the
powers and discharge the functions under this Act, and the members
of every Gram Panchayat shall be chosen by direct election by secret
ballot in such manner as may be prescribed.
(2)Every G ram Panchayat shall be a body corporate having perpetual
succession and a common seal and shall, subject to any restriction or
condition imposed by or under this Act, or any other law for the time
being in force have power to acquire by purchase, gift or otherwise, to
hold, administer and transfer property, both movable and immovable,
and to enter into any contract and shall, by its name, sue or be sued.
(3)The Pradhan or in his absence Upa -Pradhan shall convene the
meeting of the Gram Panchayat after giving 15 days notice to the
persons comprising the Gram Panchayat. One third of the total
number of members, subject to a minimum of four of the Gram
Panchayat shall form a quorum. In the absence of the quorum,
meeting shall be adjourned and no quorum shall be necessary for an
adjourned meeting. The Pradhan or in his absence the Upa -Pradhan
shall preside over the meeting.
12. (1) The Gram Panchayat shall consist of the following members----
(a) The members elected under section 17; and
(b) [The members of the Panchayat Samiti from the constituency
comprised from any part of the Gram as ex -officio members shall
have no voting right in the meeting for election and removal of the
Pradhan and Upa-Pradhan.]1
(2) Every Gram Panchayat shall consist of such number of elected
members, not being less than nine and not being more than fifteen, as
determined in accordance with such rules as may be made in this
behalf by the State Government.
1 Substituted by the Tripura Panchayat (second Amendment) Act,1998
Gram Panchayats
and their
constitution
Composition of
Gram Panchayats
15
(3) For the convenience of election, the prescribed authority shall, in
accordance with such rules as may be made in this behalf by the State
Government, divide the area of Gram Panchayat into territorial
constituencies in such manner that the ratio between the popul ation
of each constituency and the member of seats allotted to it under sub -
section (2) shall, so far as practicable, be the same thro ughout the
Gram Panchayat area:
Provided that nothing in this sub -section shall affect the number of
members of a Gram Panchayat notified under sub -section(2) until the
next General Election is held.
(4) The State Government may, at any time call for the records
connected with the determination of the number of members of a
Gram Panchayat made under sub -section (1) or und er sub-section (2)
for the purpose of satisfying itself of the correctness or propriety
thereof and may pass such orders as it may think fit with respect to the
total number of members of a Gram Panchayat and, thereupon, the
prescribed authority shall issue fresh notification specifying the total
number of members of a Gram Panchayat in accordance with the
orders of the State Government.
13. (1) For the purp ose of election of the members o f every Gram
Panchayat, the prescribed authority shall, in the manner prescribed-----
(a) divide the area of a Gram into constituencies, not being less than
five and not being more than fifteen on the basis of the number
of number of members of the Gram Panchayat determined
members to be elected under Section 12; and
(b) allocate to each such constituency seats not exceeding two as
the prescribed authority may think fit having regard to the extent
of the area and the population of each such constituency:
Provided that division of the area of a Gram into constituencies
and allocation of seat or seats to each such constituency made
under this sub-section may, if necessary, be altered before each
General Election of the members of the Gram Panchayat in the
manner prescribed.
(2) The State Government may, at any time, call for the records
connected with the division of the area of a Gram into constituenc ies
and the allocation of seat or seats to each of such constituencies made
under sub -section (1), for the purpose of satisfying itself of the
Power to divide
Gram into
constituencies and
to fix the members
to be elected from
each constituency
16
correctness or propriety of any order passed or proceedings taken in
the said matter by the prescribed authority and pass such orders
thereon as the State Government may deem fit and ther eupon the
prescribed authority shall modify the division of the area of the Gram
into constituencies and allocate to each of the constituencies seat or
seats in accordance with the orders of the State Government and
publish, in the prescribed manner, the modification so made.
14. (1) Seats of members in every Gram Panchayat shall be reserved for---
(a) the Scheduled Castes; and
(b) the Scheduled Tribes;
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 the Scheduled Castes in
that Gram Panchayat area or of the Scheduled Tribes in that Gram
Panchayat area bears to the total population of that area and such
seats shall be allotted by rotation to different constituencies in a Gram
Panchayat, in such manner as may be prescribed.
(2) [Fifty percent ]1of the total number of seats reserved under sub -
section (1) shall be reserved for women belonging to Scheduled Cast es
or, as the case may, the Scheduled Tribes.
(3)[Fifty percent]2 (including the number of seats reserved for women
belonging to the Scheduled Caste s and 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 the Gram Panchayat in s uch
manner as may be prescribed.
[Provided that such reservation, as prescribed in Sub -section (2) and
(3) of Section 14, may be less than Fifty percent if the particular Gram
Panchayat is constituted with members in odd number.]3
15. (1) A person shall be disqualified for being chosen as and for being a
member of a Panchayat, if----
1 Substituted by the Tripura Panchayat (Fifth Amendment) Act,2010
2. Substituted by the Tripura Panchayat (Fifth Amendment) Act,2010
3. Substituted by the Tripura Panchayat (Fifth Amendment) Act,2010
Reservation of
seats
General
disqualification
for membership of
the Gram
Panchayat
17
(a) he is so dis qualified by or under any law for the time being in
force for the purpose of elections to the legislature of the
State concerned:
Provided that no person shall be dis qualified only on ground
that he is less than 25 years of age, if he has attained the age
of 21 years;
(b) he is so disqualified by or under any law by the legislature of
the State;
(c) if he is in the service of, or holds any office of profit under the
Central Government or any State Government or Autonomous
District Council or any Zilla Parishad or any Panchayat Samiti
or a Gram Panchayat;
(d) if he has, directly or indirectly, by himself or by his partner or
employee, any share or interest in any contract or
employment with, by or on behalf o f the Gram Panchayat
concerned ;
Provided that notwithstanding anything contained in this clause no
person shall be deemed to be disqualified thereunder by reason only
of his having a share or interest in----
(i) any lease, sale or purchase of land or any agreement for
the sale;
(ii) any agreement for the loan of money or any security for
the payment of money only; or
(iii) any public company as defined in the Companies Act,
1956 which contracts with or is employed by the
concerned Gram Panchayat;
(e) he has been dismissed from the service of the Central or a
State Government or a local authority or a co -operative
society or Government company or a corporation, owned or
controlled by the Central or a State Government for
misconduct involving moral turpi tude and five years have not
elapsed from the date of such dismissal;
(f) he has been adjudged by a competent court to be of unsound
mind;
(g) he is an undischarged insolvent;
18
(h) he, being a discharged insolvent, has not obtained from the
court certificate that his insolvency was caused by misfortune
and without any misconduct on his part;
(i) he has been convicted of any offence punishable under
Chapter IX-A of the Indian Penal Code or under Chapter -III of
Part-VII of the Representation of the People Act, 1951 and five
years have not elapsed from the date of the expiration of the
sentence;
(j) he has been convicted by a criminal court imprisonment for a
period of more than two years for any offence other than an
offence involving moral turpitude (such sentence not having
been reserved or the offence pardoned) and five years have
not elapsed from the date of expiration of the sentence,
provided that the State Government may direct that such
sentence shall not operate as a disqualification;
(k) he has been disqualified from exercising any electoral right on
account of corrupt practices in connection with aExcerpt shown. Open the full act in Lexace.