The Sikkim Panchayat Act, 1993

Act 6 of 1993

SIKKIM

GOVERNMENT

GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Gangtok,

Monday, 18th

October, 1993

NO 140,

GOVERNMENT OF SIKKIM .

LAW DEPARTMENT

GANGTOK

NOTIFICATION

No. G/LD/I993

Dated, Gangtok the 18th October 1993'

The following Act of the Sikkim Legislative Assembly Secretariat having received the assent of the Governor on 11th day

of October, 1993 is hereby published for general information :

THE SIKKIM PANGHAYAT ACT, 1993

. (ACT NO.6 OF 1993)

AN .

ACT

Arrangement of Sections:

CHAPTER I
PRELIMINARY

Sections:

1. Short title, extent and commencement.

2 Definitions

CHAPTER II

CONSTITUTION OF GRAM AND GRAM SABHA

3 Constitution of Gram, its name and jurisdiction.

4. Effect of alteration of the area of the Grain.
5. Effect of Inclusion of a Gram or part thereof In Nagar Panchayat, etc.
6. Meetings of Gram Sabha.
7. 'Quorum for meetings and resolution.

8. Convening of meetings of Gram Sabha.
9.

Presiding Officer.

10. Matters for consideration of Gram Sabha.
11. Functions of Gram Sabha.

CHAPTER III

GRAM PANCHAYAT

Constitution of Gram Panchayat
Composition of Gram Panchayat.
Incorporation of Gram Panchayat.

Duration of Gram Panchayat

Disqualification of members of Gram Panchayat
Sabhapati and Up-Sabhapati.
Election or nomination of Sabhapati, Up-Sabhapati,
Sachiva and members to be published.

19- First meeting of -Gram Panchayat.
20 Meeting of Gram Panchayat.

21.

Consideration of question disposed 'of by Gram Panchayat.

22.

List of business to be transacted at a meeting. .

23.

Powers and duties of Sabhapati

24 Powers and duties of UpSabhapati.
25 Right of Individual member.
26. Resignation of Sabhapati Up-Sabhapati or member.
27. Removal of Sabhapati and Up-Sabhapati.
28. Filling of casual vacancy In the office of Sabhapati or Up-Sabhapati.
29: Removal of member of Gram Panchayat.
30. Filling of casual vacancy hi case of member of Gram Panchayat.
31. Sachiva of Gram Panchayat.
32. Resignation of Sachiva.
33 . Removal of Sachiva

12.
13.
14.
15.
16.
17
18.

CHAPTER IV

DUTIES OF GRAM PANCHAYAT

34. Obligatory duties of Gram Panchayat.
35. Other duties of Gram Panchayat.

CHAPTER V

PROPERTY.AND FUND

36. Property and fund of Gram Panchayat.
37. Allocation of properties. to Gram Panchayat.
36. Acquisition of land for Gram Panchayat.
39. Gram Panchayat Fund.

40.Levy of taxes, rates or fees.

41. Power of State Government to regulate taxes rates and fees.
42. Appeal against taxation, fees and rates.

. 43. Recovery of, arrears.
. 44. Action by District Collector.

45. Power of State Government In regard to relief in taxes, rates and fees.

46. Budget of Gram Panchayat.
47. Supplementary Budget.
46. Accounts and Audit.

CHAPTER VI

CONSTITUTION OF ZILLA PANCHAYAT

49. Zilla Panchayat and its constitution.
50. Composition of Zilla Panchayat.
51. Incorporation ,of Zilla Panchayal
52. Duration of Zilla Panchayat.
53. Disqualification of members of Zilla Panchayat

54. Adhakshya and Up-Adhakshya.

55. Notification of Election, Nomination, etc.
56 First meeting of Zilla Panchayat.
57. Meeting of Zilla pancnayat.
58. Reconsideration of questions disposed of by Zilla Panchayat.

.. 59. List of business to be transacted at a meeting.

60. . Powers and duties, of Adhakshya.

61. Powers and .duties of Up-Adhakhsya.
62. Right of individual members.

79.
80.
81.
82.
83.
84.

85.

;

63.
64.
65.
66.
67.
68.

Resignation: of Adhyakshya or Up-Adhakhsya or a Member.
Removal of Adhyakshya and Up-Addyakhsya.
Filling of casual vacancy in the office of Adhyakshya or Up-Adhakhshya.
Removal of member of Zilla Panchayat.
Filling of casual vacancy of elected member of Zilla Panchyat
Sachiva of Zilla Panchayat.

69
70.
71.
72

CHAPTER VII

POWERS AND DUTIES OF ZILLA PANCHAYAT

Obligatory duties of Zilla Panchayat.
Other duties of Zilla Panchayat.
Joint execution of schemes by two or more Zilla Panchayat.
Power of supervision by Zilla Panchayat over Gram Panchayat.

73.
74.
75.
76.
77.

CHAPTER VIII

PROPERTY AND FUND OF ZILLA PANCHAYAT

Works constructed by Zilla Panchayat to vest in it.
Allocation of properties to Zilla Panchayat.
Acquisition of land for Zilla Panchayat.
Zilla Panchayat Fund.
Imposition of taxes, rates and fees.
Power of State Government to regulate taxes.
Appeal against taxation, rate or fee.
Recovery of arrears.
Action by District Collector.
Power of State Government in regard to relief in taxes. .
Budget of Zilia Panchayat.
Supplementary Budget.
Accounts.

78.

CHAPTER IX

AUDIT OF ACCOUNTS OF GRAM AND ZILLA PANCHAYAT FUNDS

86. Audit of accounts of fund.
87. Submission of accounts to Audit.
88. Power of Auditors.
89. Penalty.
90. Audit Report.
91. Action on audit report.
92. Power of Auditor to surcharge etc.
93.Appeal.

94. Payment of certified sums.
95. Certain costs and expenses payable out of Fund.

CHAPTER X

CONSTITUTION OF THE STATE FINANCE COMMISSION

96. Definition.
97. Qualifications for appointment as and the manner

. of selection of members of the Commission.

98. Personal interest to disqualify members.

99. Disqualification for being a member of the Commission.

100. Term of office at the member and eligibility for re-appointment.
101. Condition of service and salaries and allowances of members.
102. Procedure and powers of the Commission

CHAPTER XI I

STATE ELECTION COMMISSION

103. Constitution of State Election Commission.

CHAPTER XII

MISCELLANEOUS

104 Oath of affirmation.
105. Validation.
106. Members and Officers and employees to be public servant.

107.
108.
109.
110.

Indemnity.
Reference of dispute.
Inspection.
Power of the Government to rescind or suspend
resolution of a Gram Panchayat or Zilla Panchayat.
Power of State Government officers to attend meetings.
Directions by State Government.
Power to remove Sabhapati, Up-Sabhapati or Sachiva of Gram
Panchayat and Adhakshya or Up-Adhakshya of Zilla Panchayat.
Power of State Government to supersede a Gram Panchayat or Zilla Panchayat.
Consequences -of super session.
Effect of election of a member of Gram Panchayat
to Houses of Parliament or Legislative Assembly.
Electoral offences.

Requisition of premises, vehicle etc. for election purpose.
Application for questioning the election.
Decision on question as to disqualification.
Emergent power-on outbreak of epidemic.
Report on the work of Gram Panchayat or Zilla Panchayat.
Placing of services of Government employees at the
disposal of a Gram Panchayat or a Zilla Panchayat.
Power to settle disputes.

Delegation. .
Allowances to members.
Constitution of District Planning Committee.
Penalty.
Election not be contested with the support of political party.
Power to make rules.

Power to remove difficulties.
Repeal anti Savings.

111.
112.
113.

114.
115.
116.

117.
118.
119.
120
121.
122.
123.

124.
125.
126.
1.27.
128.
129.
130.
131.
132.

THE SIKKIM PANCHAYAT ACT, 1993 (ACT NO.6 OF 1993)

ACT

to consolidate and amend 'the law relating to Panchayats 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 Constitution (Seventy-Third Amendment) Act, 1992 and for matters connected therewith and Incidental

thereto.

BE it enacted by the Legislative Assembly of Sikkim in the Forty-forth Year of the Republic of 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 or

included in the Nagar Panchayat.

(3) It shall come into force on such date as the State Government may, by notification in the

Official Gazette, appoint and different elates may be appointed for different areas and for different
provisions of the Act.

(1) In this Act, unless the context otherwise requires,

(a) "Adhakshya". means 'an Adhakshya of a Zilla Panchayat elected under

sub-section (1) of section 54;

(b) "Auditor" means an auditor appointed under sub-section (2) of section 48;

(d) "District Development Officer cum. Panchayat Officer" means the District -

Development Officer -cum-Panchayat Officered the District appointed by the State

Government;

(e) "Governor" means the Governor of Sikkim;

(f) "Gram" means any village or part of a village or group of adjoining villages

or parts thereof declared by the State Government to be a Gram under sub-section (1) of

section 3;

(g) "Gram Panchayat", means a Gram Panchayat constituted under section 12;

(h) "Nagar Panchayat" means a Nagar Pancbayat and includes a municipality, municipal

committee or corporation or such other body by whatever name called constituted under the law relating to

such Nagar Panchayats for the time being in force;

(i) 'Notification means the notification published in the Official Gazette

(j) "Prescribed Authority" means :the authority appointed by the State Government, by

notification, for all or any of the purposes of this Act;

(k) "Sabhapati" ,means a Sabhapati of a Gram Panchayat elected under subsection (1) of

Section 17;

(l) "Secretary" means the Secretary to the Government of Sikkim in the Rural Development

Department and includes an Additional Secretary, Joint Secretary. Deputy

Secretary

and

Under

Secretary of that Department;

(m)"State Government" means the Government of the State of Sikkim;

(n) "Up-adhyakshya" means an Up-Adhakshya of a Zilla Panchayat elected under sub-section

(1) of section 54

(0) "Up-Sabhapati" means an Up-Sabhapati of a Gram Panchayat elected under sub-section

(1) of section 17; .

(p') "Zilla Panchayat" means a Zilla Panchayat of a district constituted under sub-section (I)

of section 49;

:2 .

(2) Words defined in the Constitution (Seventy-Third Amendment) Act, 199 but not defined in this

Act shall have the same meanings as respectively assigned them
in the Constitution (Seventy-Third Amendment) Act, 1992.

CHAPTER II

CONSTITUTION OF GRAM AND GRAM 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 or part of a village or group of adjoining villages or parts thereof to

be a Gram.

(2) As soon as may be after the constitution or a Gram under sub section 0), 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 members to be elected from

each ward having regard to the number of voters in such ward and such other considerations as the State

Government may consider appropriate.

(4) The notification under sub section (1) shall specify the name of the Gram by which the Panchayat

shall be known and shall specify the local limits of such Panchayat.

(5) The State Government may, after making such enquiry as it may think fit and or after obtaining the

views of the Gram Sabha, by notification

(a) exclude from any Gram any area comprised therein; or

(b) include in any Gram any area adjoining to such Gram; or

(d) unite the areas of two or more Grams so as. to constitute a new Gram.

(1)When an area is excluded from a Gram under clause (a) of sub-section (5) of section 3, such area

shall, as from the date of the notification referred to in that subsection, cease to he subject to the jurisdiction of

the Gram Panchayat of that Gram and, unless the State Government otherwise directs, all rules, orders,

directions and notifications in force in that Gram shall also cease to apply to the area so excluded.

(2)When an area is included in a Gram under clause (b) of sub-section (5) 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 so included.

(3). When the area of any Gram is divided under clause (c) of sub-section (5) of section 3 so as to

constitute two or more Grams, the Gram Panchayat of that Gram shall as from the date of the notification

referred to in that sub-sectiol1, cease to exist, and there shall be reconstitution of the Gram Panchayats

for the newly constituted Grams in accordance with the provisions of this Act. ,

(4) When the areas of two or more Grams arc united under clause (d) of sub

section (5) of section 3 so as to constitute a new 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 a separate Gram.

Panchayat shall be constituted for the new Grams in accordance with the provisions of this Act.

(5) When under sub-section (5) of section :.1 any area is excluded from, or Included in, a Gram is

divided so as to constitute two or more Grams, or two or more Grams are united to constitute a new

Gram, the properties, funds and liabilities of the Gram Panchayat or Panchayat, affected by such

reconstitution shall vest in such Gram Panchayat or Panchayats in accordance 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 contain such supplemental, incidental and

consequential provisions as may be necessary to give effect to reconstitution.

(1)

If, at any time, the whole of the area of a Gram is included within the ,Nagar Panchayat

under the provisions of the law made in this behalf, the Gram Panchayat 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 in and devolve on, the Nagar Panchayat.

(2)

If, at any time, a part of the area of a Gram is inclucled in a Nagar Panchayat under the

provisions of the law made in this behalf, the area of the Gram Shall be deemed to have been reduced to

the extent of the part so included within the Nagar Panchayat and the properties, funds, rights and

liabilities of the Gram Panchayat concerned in respect of the part so included shall vest in, and devolve on

the Nagar Panchayat in such manner as may be determined by the prescribed authority and such

determination shall be final, and unless the State Government otherwise directs, all rules, orders, directions

and notifications in force in the areas comprised in the Nagar Panchayat shall apply to the part of the area

of the Gram so included.

Subject to the general orders of the' State Government the Gram Sabha shall meet at least

twice in a year and when the Gram Panchayat fails to convene Gram Sabha, the prescribed authority shall

with the approval of the State Government and after giving notice to the Gram Panchayat concerned

,convene it.

(1)

Quorum for the meeting of a Gram Sabha shall be one-tenth of the total members of the

Gram Sabha.

(2) Any resolution relating to the matters entrusted to the Gram Sabha shall be passed by a majority

of votes of the members present and voting in the meeting of the Gram Sabha.

The procedure for convening ,and conducting the meetings of the Gram Sabhas shall be such

as may be prescribed.

Every meeting of the Gram Sabha shall be presided over by the Sabhapati of the concerned

Gram Panchayat and in his absence by the Up-Sabhapati of that Gram Panchayat. .

10.

(1)

The Gram Sabha shall consider, and may make recommendations and suggestions to the

Gram Panchayat on the following matters, ,namely:- .

(a) the annual statement of accounts of the Gram Panchayat, the report of, administrations of

the preceding financial year and the last audit note and replies, if any, made thereto;

(b) the report in respect of development programmes proposed to be under taken during the

current year;

(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 Panchayat shall give due consideration to the recommendations and

suggestions of the Gram Sabha.

11.

The Gram Sabha shall perform the following functions, namely:- .

(a) mobilizing voluntary labour and contributions in kind and cash for the community

welfare programme;

(b) identification of beneficiaries for implementation of developmental schemes pertaining to

the village:

Provided that if the Gram Sabha fails to identify the beneficiaries within the reasonable time,

the prescribed authority shall, in consultation with the Gram Panchayat, identify the beneficiaries;

(c)

rendering assistance in the implementation of developmental schemes

pertaining to the village.

CHAPTER III

GRAM PANCHAYAT

12. (1) There shall be constituted, in each Panchayat area, an institution of Self Government called the Gram,

Panchayat bearing the name of the Gram.

(2) For the purpose of sub-section (1), each Panchayat area shall be divided into wards in such manner as the
State Government, may determine:

Provided that the number of members to be elected in each ward shall, as far as practicable, be

in the same proportions to the total number of persons to be elected for the Gram Panchayats as the population
of the ward bears to the total population of the Panchayat area.

(3) The list of wards determined under sub-section (2) shall be prepared and published in the Official

Gazette.

13.

(1)A Gram Panchayat shall, subject to the provisions of sub-section (5), consist of such number of

members not less than five and not more than nine, as the Secretary may, subject 'to the general order of the State
Government in regard to the allocation of number of seats to different Gram having regard to the varying extent of
,population therein, determine and such members shall be chosen by direct election through secret ballot by persons
whose names arc included in the electoral roll of the Sikkim Legislative Assembly for the time being in force
pertaining to the area comprised in the Gram.

(2) Election to the Gram Panchayat shall be held in such manner as may be prescribed.

(3) Where a Gram fails to elect the full number of members as determined under sub-section (1) it shall

be called upon to elect the remaining number of members.

(4) The term of office of the members of Gram Panchayat shall, subject to the

provisions of section 29, be co-terminus with the term of the Gram Panchayat.

(5) The State Government shall, by notification reserve the scats for Scheduled

Castes and the Scheduled Tribes in every Gram Panchayat and the number of scats so reserved shall bear,

as nearly as may be, the same proportion to the total number of scats to be filled by direct election in that

Panchayat as the population of the Scheduled Castes

in that panchayat area or of the Scheduled Tribes in that panchayat area bears to the total population of

that area and such seats shall be allotted by rotation to different wards in a Gram Panchayat in: such

manner as may be prescribed

(6) Not less than one-third of the total number of scats 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 one: third of the total 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 wards in a Gram Panchayat in such manner as may be prescribed

14. (1) Every Gram Panchayat shall be a body corporate having perpetual succession and a common seal

and shall by its corporate name, sue and be sued.

(2) A Gram Panchayat shall have power to acquire, hold and dispose of property and to enter into contract:

Provided that in cases of acquisition or disposal of immoveable property, the

Gram Panchayat shall obtain the previous approval of the Stare Government.

15. (1) Every Gram Panchayat save as otherwise provided - in this Act, shall continue for a term of five years

from the date appointed for its first meeting and no longer.

(2)No amendment of any law for the time being in force shall have the effect of

causing dissolution of a Gram Panchayat, which is functioning immediately before such amendment till

the expiration of its duration specified in sub-section (1).

(3) The election to constitute a Gram Panchayat shall be completed

(a) before the expiry of it's duration specified in sub-section (1);

(b) in the case of dissolution, before the expirati6n of a period of six months from the date of

its dissolution:

Provided that where the remainder of the period for which the dissolved Gram Panchayat

would have continued is less than six months, it shall not be necessary to hold any election under this

clause for constituting the Gram Panchayat for such period.

(4) A Gram Panchayat constituted upon the dissolution of a Gram Panchayat before the expiration

of its duration, shall continue only for remainder of the period for which the dissolved Gram Panchayat

would have continued under sub-section (1) had it not been so dissolved.

16.

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 no person shall be disqualified on the ground that he is less than

twenty-five years of age, if he has attained the age of twenty-one years; or

(b) if he is a member of a Nagar Panchayat established under the law relating to constitution

of such Nagar Panchayat for the .time being in force; or

Government company or a Corporation owned or controlled by the Central or the State Government; or

(d) has been dismissed from the service of a State Government or the Central Government

or a local authority or a Co-operative Society or a Government company or a Corporation owned or

controlled by the Central or the State Government for misconduct; or -

(e) if he is of unsound mind and so declared by a competent court;

(f)or if he is an undischarged 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) if he has been convicted by a Court of an offence involving moral turpitude and sentenced

to imprisonment for a ,term exceeding six months; or

(j) if he has not paid any arrear in respect of any tax or rate or fee payable

to a Gram Panchayat or a Zilla Panchayat or a Nagar Panchayat or the State Government:

Provided that the disqualification under this clause shall cease upon payment

of the rail' or tax or fee; or

(k) if he has ,directly or indirectly by himself or by his partner or employer or an employee,

hold any share or interest in any contract with, by or on behalf of a Zilla Panchayat or a

Gram Panchayat: ~

Provided that a person shall not be deemed to have incurred disqualification by reason of

his having a share or interest in any public company or registered cooperative society which has a contract

with or is employed by a Gram Panchayat or a ZiIIa Panchayast or the district. .

17. (1) Every Gram Panchayat shall at its first meeting at which a quorum is preset, elect one of its

members 10 be the Sabhapati and another member to be the U p-Sabhapati of the Gram Panchayat in such

manner as may be prescribed.

(1) The State Government shall, by notification reserve

(a) such number of offices of Sabhapati and Up-Sabhapati of Gram Panchayats in each

district for the Scheduled Castes :and the Scheduled Tribes and member of such offices shall bear as

nearly as may be, the same proportion to the total number of offices in the District as the population of the

Scheduled castes and of the

Scheduled Tribes in the district bears to the total-population of the district; ,

(b) not less than one-third of the total number of offices of Sabhapati and Up Sabhapati of

the Gram Panchayat of the district from each of the categories which are reserved for persons belonging

to the Scheduled Castes and the Scheduled Tribes and of those which are served for women:

Provided that the offices reserved under this sub-section shall be allotted by

rotation to different Gram Panchayats in such rnanner as may be prescribed.

Explanation-

For the removal of doubt it is hereby declared that the principle of rotation

for purposes of reservation of offices under this sub section shall commence from the first election to

be held after the commencement of this, Act.,

(3) The Sabhapati and Up-Sabhapati shall, subject to the provision of section 27 and - their continuing

as rnembers, hold office for a period of five years.

(4)

When-

(a) the office of the Sabhapati falls vacant by reason of death, resignation

removed or otherwise; or

(b) the Sabhapati is: by reason of leave, illness or other cause, temporarily: unable to' act,

the Up-Sabhapati shall exercise the powers, perform the functions and discharge the duties of the

Sabhapati until a new Sabhapati is elected and assumes office or until the

Sabhapati resumes his duties, as the case may be.

(5) When

(a) the office of the Up-Sabhapati falls vacant by reason of death, resignation

removed or otherwise; or'

(b) the Up-Sabhapati is ,by reason on leave, illness or other cause, temporarily unable to

act,

the Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Up-

Sabhapati until a new Up-Sabhapati is elected and assumes office or until that Up-Sabhapati resumes his

duties, as the case may be.

(6)When the office of the Sabhapati and the Up-Sabhapati are both vacant, the Sabhapati and Up-

Sabhapati arc temporarily unable to act the prescribed authority may appoint a Sabhapati and Up-Sabhapati

from among the members of the Gram Panchayat to act as such until a Sabhapati and Up-Sabhapati are

elected and assume office.

18. Every election or nomination of UpSabhapati, Sabhapati, Sachiva and members of Gram Panchayat,

the case may be, shall 'be published by the State Government by notification and such persons; shall enter

upon their respective offices from the date of such publication:

Provided that if no such Publication has been made the Sabhapati, Up

Sabhapati, Sachiva and members shall be deemed to have entered upon their respective offices from the

date of declaration of result of their election or nomination, as the case may be. .

19. (1) Notwithstanding any vacancy in the membership of the Gram Panchayat, the prescribed authority

shall immediately after but before the expiration of thirty days from the date. of publication of the

notification under : section 18 appoint a date for the meeting of the Gram Panchayat members (which

meeting shall be called the first meeting of the Gram Panchayat for electing the Sabhapati, Up-Sabhapati

and the Sachiva of the Gram Panchayat from 'amongst themselves.

(2) The meeting to be held under sub-section (1) shall be convened prescribed authority in such

manner as may be prescribed.

20' (l) Every Gram Panchayat shall hold a meeting for transaction of its business at least twice in every

month at the office of the Gram Panchayat or at such place within the local limits or the Gram Panchayat

concerned : and at such time as the Sabhapati of the Gram Panchayat may decide.

...

(2) The Sabhapati may, whenever he thinks fit, in the public interest or shall upon receipt of a

written requisition of not less than one half of the total number of members of the Gram Panchayat or if
directed by the Secretary of the Rural Development Department or District Development Officer-cum-
Panchayat Officer or the District Collector of the concerned district, call a special meeting of the Gram
Panchayat will in a period often days from the date of receipt of the requisition or direction, as the case
may be:

Provided that if the Sabhapati fails to call such special meeting within the specified period

from the date of receipt of the requisition or direction, as the case may be, the Secretary of the Rural

Development Department or District Development Officer cum-Panchayat Officer or the District

Collector of the concerned district may direct the Sachiva or any member of the' Gram Panchayat to call

such meeting at such time and at such place within the local limits of the Gram Panchayat concerned as

the Sachiva or the member directed to call the meeting may, decide. .

(3) Two-third of the total number of members constituting the Gram Panchayat shall form a quorum

for a meeting of the Gram Panchayat:

Provided that no quorum shall be necessary for an adjourned meeting.

(4) The Sabhapati or in his absence, the Up.. Sabhapati shall preside at the meeting of the Gram

Panchayat and in the absence of both the members present shall elect one from amongst themselves to

preside at the meeting.

(5) All questions coming before a Gram Panchayat shall, unless otherwise specifically provided

under this Act be decided by a majority of votes of the member present and voting:

Provided that in case of equality; of votes the person presiding shall have a second or a

casting vote.

(6) No member shall vote on, and take part in the discussions of any question coming up for

consideration at a meeting of a Gram panchayat if the question is one in which he has any 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 any matter before the meeting for discussion or any' question coming up

for consideration is 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 not 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

particular matter.

21.

No matter once finally disposed of by the Gram Panchayat shall be reconsidered by it within

the period of six months unless the. recorded consent of not less than one-half of its total number of

members is been obtained there to.

22. (i) A list of the business to be transacted. at every meeting of the Gram Panchayat except at an

adjourned. meeting, shall be sent to each member of the Gram Panchayat, at least seven days before the

time fixed for such meeting and no business shall be brought before or transacted at any meeting, other

than the business for which notice has been so given except with the approval of the majority of .the

members present at such meeting:

Provided that non-receipt of a notice by a member shall not vitiate the proceeding: of the

meeting:

Provided further that if the Sabhapati thinks that ,the situation has arisen for which an

emergent meeting of the Gram Panchayat should be entitled he may call such meeting at such time and

at such place within the limits of the Gram Panchayat concerned after, ensuring receipt of intimation of

such emergency meeting by all

members.

(2) The business of the Gram Panchayat shall be transacted in the language commonly spoken and

understood by the members.

(3) 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 signed by the Sabhapati of the meeting before the meeting
disperses.

(4) The Sachiva of the Gram Panchayat shall, within a week after a meeting of the Gram Panchayat is

held, send copies of minutes of every such meeting to the Secretary of the Rural Development Department
and the District Development Officer-cum Panchayat Officer of the concerned district.
23.

The Sabhapati shall

(a) regulate the meetings of the Gram Panchayat;
(b) be responsible for the maintenance of records and registers of the Gram

Panchayat

Gram Panchayat and such officers and other employees whose services may be placed at the disposal of the
Gram Panchayat by the State Government;

(d) operate jointly with the Sachiva of the Gram Panchayat the funds of the Gram

Panchayat including authorization of payment, issue of cheques and refunds;
.(e) issue receipts under his signature for money received by him on behalf of the Gram Panchayat;
(f') cause preparation of all statements and reports required by or under this Act

(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 State Government may prescribe.

24.

The Up-Sabhapati shall

(a) in the absence of the Sabhapati regulate the meetings or the Gram Panchayat; .

(b) exercise such of the. Powers and perform such other functions and discharge such, of the

duties of the Sabhapati as the Sabhapati ,may, from time to time, delegate to him by order in writing:

Provided that the Sabhapati may at any time withdraw all or any of the powers, functions and

duties so delegated to the Up-Sabhapati;

and discharge all the duties of the Sabhapati.

25.

The member of a Gram Panchayat at any of the meeting may move resolution may put

questions to the Sabhapati or Up-Sabhapati or the Sachiva, as the case may be, on matters connected with the

administration of the Gram Panchayat or execution of any work or scheme undertaken by. or entrusted to

such Gram Panchayat.

26. (1) A Sabhapati or an Up-Sabhapati or a member of a Gram Panchayat may resign his office by

notifying in writing his intention to do so to the prescribed authority and on such resignation being

accepted the Sabhapati or the U p-Sabhapati the member 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

by the prescribed : by authority.

(2) When the resignation is accepted under sub-section (1), the prescribed authority shall communicate

it to the members of the Gram Panchayat within a period of thirty days of such acceptance.

27.A Sabhapati or a Up-Sabhapati of a Gram Panchayat may, at any time be removed from office by a

resolution of the Gram Panchayat carried by the majority of' the members of the Gram Panchayat present at

a meeting specially conveyed for the

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 Sabhapati from his office is under consideration: or

(ii) the Up-Sabhapati from his office is under consideration,

he shall not, though present, preside at such meeting and the provisions of Sub section (4) of

section 20 shall apply in relation to any such meeting as they apply in relation to a meeting from which the

Sabhapati or, as the case may be, the Up-Sabhapati, is absent.

28. (1) In the event of removal of a Sabhapati or an Up-Sabhapati under section 27 or when a vacancy

occurs in the office of a Sabhapati or: an Up- Sabhapati by resignation, death or otherwise, the Gram

Panchayat shall elect : any other Sabhapati or Up-Sabhapati and the person so elected shall take office

forthwith and shall hold such office for the unexpired term of office of his predecessor.

(2) No person who has been removed from office under section 27 shal1 be eligible for reelection to

the vacancy so caused. .

29. (I) The prescribed authority may, after giving :an .opportunity, to a member of a Gram Panchayat to

show cause :against the action proposed to be taken against him, by order remove him 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 more than six months; or

(b) he was disqualified to be a member of the Gram Panchayat at the time of his election; or

member of the Gram Panchayat; or

(d) he is absent from three consecutive meetings ,of the Gram Panchayat

without the leave of the Gram Panchayat.

(2)

Any member of a Gram Panchayat 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 Department who may stay the operation

of the ,order till the disposal or the appeal and may, after. giving notice of the appeal to the prescribed

authority and after giving the appellant an- opportunity of be being heard, modify, set aside or confirm the

order.

Explanation

:- For the purpose of this sub 'section, the term "Secretary" will mean

only the Secretary.

(3)

The, order passed by such authority on such appeal shall be final.

30. (1) If the office of a member of a Gram Panchayat becomes vacant by reason of his death, resignation,

removal or otherwise,. such vacancy shall be filled in by election of :another person under this Act. The

person elected shall take office forthwith and shall hold such office for the unexpired term of office of his

predecessor:

Provided that no election for filling in of a casual 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 beer1 removed from his office under section 29 shall be eligible for re-

election 10 the vacancy so caused.

31. (1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect one or its

members to be Sachiva of the Gram Panchayat:

Provided that no member who is not able to read or write any of the official languages of the

State shall be qualified to be elected as a Sachiva:

Provided further that where no such person as referred to in the first proviso is available, the

Gram Panchayat may appoint Panchayat Assistant appointed by the Secretary to the Government in the

Rural Development Department to look after the

,works or Sachiva.

(2) The Sachiva of the Gram Panchayat : so elected or as the case may be, appointed shall assist the

Sabhapati the U p-Sabhapati as the case may be, of the Gram . Panchayat in due maintenance of the Gram

Panchayat office and for proper organisation and execution of rural development schemes and shall be directly

answerable to the members of the Gram Panchayat

(3) The Sachiva shall be in charge of office of the Gram Panchayat and shall exercise such powers and

perform such other functions and discharge such other duties as the State Government may by rules made in

.this behalf, prescribe.

(4) The term of office of the Sachiva shall, subject to the provisions of section 33

be co-terminus with the term of the Gram Panchayat.

32.

A Sachiva of a Gram Panchayat may resign from his office by notifying in writing

his intention to do so to the prescribed authority ,and on such resignation being accepted the Sachiva 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 authority shall

communicate it to the members of the Gram Panchayat within a period of thirty days of such acceptance. .

. 33. (1) A Sachiva may, at :any time, be rewarded from office by a resolution of the Gram Panchayat

carried by the majority of the members of the Gram Panchayat present at a meeting specially convened

for the purpose. Notice of such meeting shall be given to the prescribed authority.

(2) In the event of removal of a Sachiva under sub-section (1) or when it vacancy occurs in the

office of a Sachiva by resignation, death or otherwise, the Gram Panchayat shall elect one of its members

to be the Sachiva and the person so elected shall take office forthwith and shall hold 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-

clection to the vacancy so caused.

CHAPTER IV-

DUTIES OF GRAM PANCHAYAT

34.

Subject to any general or special direction of the State Government, the duties of a Gram

Panchayat shall be to provide within the .area under its jurisdiction for

(.1) sanitation, conservancy and drainage and the prevention of public nuisance

(b) curative and preventive measures in respect of any infectious disease;

(c), supply of drinking water and the cleaning and disinfecting the sources of

supply and storage of water;

(d) maintenance, repair and construction of village wilds and protection thereof

thereof;

(e) the removal or encroachments of village roads or public places;
(f') .the management of common grazing grounds, burning places and public graveyards;
(g) the supply of any local information which the District Collector or District Development

Officer-cum-Panchayat Officer or the Zilla Panchayat may require. within the limits of the jurisdiction of the
Gram Panchayat;
(h) organizing voluntary labour for community work and works for the upliftment of' its areas; .

(i) control and administration of the Gram Panchayat Fund established under this Act

(o) regulation of fairs ,melas hats and exhibition of local produce and promotion of cottage

industries

(p) assisting residents of the Gram in obtaining loans , its repayment and distribution

(q) assisting in the implementation of land reform measures

(r) the promotion and encouragement of education including adult education

(s) such other functions which the State Government may, from time to time

(j) the imposition, assessment and collection of taxes, fees or rates leviable

under this Act;

(k) construction and maintenance of dharmasala:

(l) regulating places for the disposal of dead bodies and carcasses and other offensive matters;

(m)assisting the development of agriculture, forestry, animal husbandry, poultry, fisheries,

village and cottage industries and co-operative;

(n) registering births, deaths and marriages and annually submitting such records to the Zilla

Panchayat;

(o) maintenance of such records relating to cattle census, population census, crop census and

census of unemployed persons and such other statistics as may be required and annually submitting such
records to the Zilla Panchayat;

(p) regulating inflow of animals within the area and their transfer;

(q) destruction and disposal of ownerless and rabid dogs and disposal of unclaimed animals;

(r) maintenance, upkeep and supervision,of any building or other property which may be

entrusted to it by the State Government for management;

(s) assisting the Zilla Panchayat in preparing development plan of its area;

(t) rendering assistance in extinguishing fire and protecting life and property when fire occurs

(u) any other local works or service of public utility which is likely to promote

the health, comfort, convenience or material prosperity of the public not otherwise, provided for in this Act;

. (v) such other duties as may be entrusted to it by the 'State Government from time to time.

35. (1) A Gram Panchayat skill also perform such other functions :as the State Government may assign to it
in respect of

(a) primary, social technical or vocational education
(b) rural dispensaries health centres, maternity and child welfare centres

, '..
(d) grow more food campaign;
(e) care of the infirm and destitute;
(f) rehabilitation or displaced persons;
(g) improved breeding of cattle, medical treatment of cattle and prevention of cattle disease
(h) :its acting as a channel through which Government assistance should reach the residents
of the Gram;

(i) bringing private waste land under cultivation

(j)promotion of plantations in the Gram;

(k) arranging for cultivation of land lying fal1ow; .

(1) arranging for co-operative management of resources of the Gram;, .
(m )implementation of such schemes as may be formulated by the State Government; .

(n) field publicity of matters connected with development works and other welfare works

under taken by the Government

CHAPTER V

PROPERTY AND FUND

36.All property within the limits of the jurisdiction ,of a Gram Panchayat other than property maintained ‘by

the Central or the State Government or a local authority or any other Gram Panchayat shall vest in and

belong to the Gram Panchayat and shall with all other property of whatsoever nature or kind which may

become vested in the Gram Panchayat, be under its direction, management and control.

37. (1) The State Government may allocate to a Gram Panchayat any public property situated within its

jurisdiction, and thereupon such property shall vest in and come under the control of the Gram

Panchayat.

(2) No property vested in or belonging to a Gram Panchayat shall be transferred by way of sale

,gift, mortgage, exchange or lease except with the previous sanction of the State Government.

(3) Where the State Government is of opinion that any property vested in or. belonging to a Gram

Panchayat is required for the purpose of any national or State development plan or for any other public

purpose, the State Government may resume such property, and upon such resumption, the property shall

cease to vest in the Gram Panchayat and shall re-vest in the State Government.

(4) No compensation other ,than the amount paid by the Gram Panchayat for such transfer and the

market value of any building or 'works erected or executed on such. property by the ,Gram Panchayat

at the time of resumption shall be payable. Any 'sum so received shall be credited to the Gram

Panchayat Fund.

38.. Where a Gram Panchayat requires land for carrying out any of the purposes of this Act.. it may negotiate

with the person or persons having interest in the said land, and if it fails to reach an ,agreement, it may make

an application to the District Collector for the acquisition of the land, who may, if he is satisfied that the

land is required for a public purpose, take steps to acquire the land under the provisions of the Sikkim Land

(Requisition and Acquisition) Act, 1977 and such land shall, on acquisition, vest in the Gram Panchayat.

39. (1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of

Gram Panchayat on the basis of the: review and recommendations made by the State Finance

Commission' and there shall be placed to the credit hereof

(a) contributions and grants, if any, made by the Central or the State Government

(b) contributions and grants, if any, made by a Zilla Panchayat or any other local authority;
(c)loans ,if any granted by the Central and State Government

(d') all receipts on accounts or taxes, rates and fees levied by the Gram

Panchayat;

(e) all sums received by contribution;

(f) all other sums received by or behalf of the Gram Panchayat;

by order in writing, entrust to such Gram Panchayat which in its opinion to promote directly or indirectly
the welfare; of the public.

(2) If the State Government is of opinion that a Gram Panchayat has persistently made default in the

performance of any of the functions assigned to it under sub-section .. (1), the State Government may, after
recording its reasons withdraw such functions from such Gram Panchayat.

(3) Where the State ,Government assigns any functions to a Gram Panchayat under sub-section (1'), it

shall place such funds at the disposal of the Gram Panchayat as may be determined by the State Government
for the due performance of such functions

purpose arc made;

(d) a fee for temporary erection on, or putting lip projections over, or temporary occupation

of, any village road or place;

(e) a fee on private latrines, premises or compound cleaned by the Gram Panchayat agency; .

(f)a fee for grazing cattle on grazing lands vested in a Gram Panchayat;

(g) a fee on the registration of animals sold in any market or place belonging to or under the

control of the Gram Panchayat;

(h) a market fee on persons exposing goods for sale in any market or on any place or any

building or structure therein belonging to or under the control of the Gram Panchayat

(i) a fee for the use of Dharmasalas and camping grounds;

(j) a fee for drainage where system of drainage has been introduced by the Gram Panchayat;

(k) a temporary tax for special works of public utility;

(l) a tax on houses.

(2) The Gram Panchayat shall not levy taxes, rates or fees referred to in subsection (1) if' such taxes,

rates or fees have already been levied by any other authority under any law for the time being in force or by

any other local authority.

41. (1) The State Government may, in the manner specified in the notification, regulate the

imposition, assessment and collection of taxes, rates and 'fees under section 40.

(2)

Subject to the provisions of this Act or rules made thereunder, no person shall object in

respect of his liability to any assessment made or tax imposed under this Act.

42.

An appeal against the levy of any tax, rate or fee under section 40 may be preferred to the'

prescribed authority in such manner and within such time as may be prescribed and the decision of such

authority shall be final.

(g) such percentage of the land revenue collected by it may be collected by the State

Government.

(2) . Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet

the cost of its administration including allowances payable to the members.

(3) Every Gram Panchayat shall have the power to spend such sums as the State Government may, by

order, specify for carrying out the purposes of this Act

(4) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance to the credit of

the Fund. shall be kept in such custody as the State Government. may direct

(5)

Subject to such general control as the Gram Panchayat may exercise from time to time, all

orders and cheques for payment from the Gram Panchayat Fund shall be signed by the Sabhapati or in his

absence by the Up-Sabhapati.

40. (1) Subject to the rates ,which may be fixed by the State Government, a Gram Panchayat may levy the

following taxes, rates and fees, namely :

(a) a tax on fairs, melas, hats and other entertainments;

(b) a general sanitation tax for the construction or maintenance or both the

construction and maintenance of public latrines and for the removal and disposal of refuse;

43.

Any arrear of tax, rate or fee levied under section 40 shall be recoverable as arrears of land

revenue or public demand If the Gram Panchayat passes a resolution to that effect and communicates it to

the District Collector.

CHAPTER VI

CONSTITUTION OF ZILLA P ANCHAYAT

49. .(1) For every district the State Government shall, by notification constitute a Zilla Panchayat bearing

the name of the district.

(2) For the purpose of electing members as referred to in sub-section (I), the State Government

may, by notification, divide the district into territorial constituencies and determine the number of

members to be elected from each such constituency:

Provided that the number of members to be elected in each constituency shall,

as far as practicable, be in the same proportion to be total number of persons to be elected for the Zilla
Panchayat as the population of the constituency bears to the total population
of the Zilla Pancbayat area.

50. (1) A Zilla Panchayat shall, subject to the provisions of sub-section (4), consist of the following

members, namely:-

(a) directly elected members from the territoria1 constituencies in the district;

(b) Sabhapatis of the Gram Panchayats within the district;

elected from a constituency comprising the district or any part thereof. .

(2) Each constituency will elect one or more members through direct election in such manner as may be
prescribed.

(3). The term of office or the members of Zilla Panchayat shall, subject to the

44. (1) The District Collector, on receipt or such communication of the sum recoverable under section43 on

being satisfied with the demand, shall proceed to recover. it. ,

(2) Any sum so recovered shall be sent to the Gram Panchayat and shall be. credited to the Gram
Panchayat Fund.

45. (I) If on a complaint made . to it or otherwise it appears to the State Government that any tax, rate or
fee levied by a Gram Panchayat is excessive, it may, after calling for a report from the Gram Panchayat in
this regard, abolish, suspend or reduce the amount of any such tax, rate or fee.

(2) The State Government may, on its own motion or otherwise after giving the Gram Panchayat an

opportunity or expressing its view in the matter, by order, exempt
from the payment of any tax in whole or in Part-

(a) any persons or class of persons; or
(b) any property or description or properties subject to such conditions as may be specified in such
order.

46. (1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare each
year a budget of its estimated receipts and disbursements for the following year and shall submit the
budget to, the Slate Government for :approval through the Zilla Panchayat of the District concerned.

(2) No expenditure shall be incurred unless the budget is approved by the State Government.

47. .A Gram Panchayat may prepare in each year supplementary estimate providing for any modification of
its budget and submit it to the State ,Government for approval. through the Zilla Panchayat of 'the District
concerned within, such time and in such manner as may be prescribed.

48. (1) Accounts of receipt and expenditure of every Gram Panchayat shall be maintained in such forms and
'in such manner as may be prescribed.

(2) An Officer not below the rank of Chief Accounts Officer of the Sikkim State Finance and

Accounts Service appointed by the State Government shall audit accounts of the Gram Panchayat as soon
as may be after the end of each financial year in the manner provided under Chapter IX of this Act.

provisions or section 64 be co-terminus with the term of the Zilla Panchayat, .

(1) The State Government shall , by notification, reserve seats for the Scheduled Castes and the

Scheduled tribes in every Zilla 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 up by direct-election in that Panchayat as,

the population or the Scheduled Castes in that the Panchayat area or of the Scheduled 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 a Zilla Panchayat in such manner as may be prescribed.

(5) Not less than one third of the total number or seats reserved under sub-section (4) shall be

reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(6) Not less than one-third (including the number or scats reserved for women belonging to the

Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled up by direct election

in every Zilla Panchayat shall be reserved for women and such seats may be allotted by rotation to

diffirent constituencies in a ZilIa Panchayat in such manner as may be prescribed.

51. (1) Every Zilla Panchayat shall be a body corporate having perpetual succession and a common seal and

shall by its corporate name be sued.

(2) Zilla Panchayat shall have power to acquire hold and dispose of properly and to enter into

contract:

Provided that in all cases of acquisition or disposal of immoveable property, the Zilla

Panchayat shall obtain the previous approval of he Stale Government.

52.

(I)

Every Zilla Panchayat shall as otherwise provided in this Act, shall continue for five years

from the date appointed for its first meeting and. no longer.

(2) No amendment of any law for the time being in force shal1 have the effect of causing dissolution

of a Zilla Panchayat, which is functioning immediately before such amendment, till the expiration of its

duration specified in sub-section (1).

(3) An election to constitute a Zilla Panchayat shall be completed

(a) before the expiry of its duration specified in sub-section (1)

(b) in case of dissolution, before the expiration of: a period of six months from

the date of such dissolution:

Provided that where the remainder or the period for which the dissolved Zilla Panchayat

would have-continued is less than six months, it shall be not necessary to hold any election under this clause

for constituting the Zilla Panchayat for such period.

(.4). Zilla Panchayat constituted upon the dissolution of a Zilla Panchayat before the exploitation or

its duration shall continue only for the remainder of the period for which the dissolved Zilla Panchaayat

would have continued under sub-section (1) had it not been so dissolved.

(5) When a new Zilla Panchayat is thus duly constituted the old Zilla Panchayat shall stand

dissolved.

53.

The provisions of section 16 relating to disqualification of members of Gram

Panchayat shall, mutatis-mutandis be applicable to the elected members of the Zilla Panchayat 'also.

54. (1) Every Zilla Panchayat shall, at its firs!. meeting. at which a quorum is present. elect in such manner

as the State Government may, by notification specify, one of its members to be the Adhakshya and

another member to be U p-Adhakshya of the Zilla Panchayat:

Provided that the members refuse to in clause (c) or sub-section (1) of section 50 shall nor

be eligible for such election, nor shall they have any voting right thereof.

(2)The State Government shall, by notification, reserve.

(a) such number of offices of Adhakshya and U p-Adhakshya of Zilla Panchayat in the State for

the persons belonging to the Scheduled Castes and the Scheduled . Tribes and the numbers of such offices

bearing as nearly as may be the same proportion to the total number of offices in the State as the population of

the Scheduled Castes in the .. State or of the Scheduled Tribes in the State bears to the total population of the

State;

(b) not less than one-third of the total number of offices of Adhakshya and Up-Adhakshya in the

State from each, category reserved for persons belonging to the Scheduled Castes, the Scheduled Tribes and

those which are non-reserved, for women:

Provided that the Offices reserved under this sub-section shall be allotted by

rotation to different Zilla Panchayat.

Explanation

:- For the removal of doubt. it is hereby declared that the principle of rotation for the

purposes of reservation of offices under this sub-section shall commence from the first election to be held after

the Commencement of this Act.

(3) The Adhakshya and Up-Adhakshya shall, subject to the provisions of section

64 and to their continuing as members, hold office for a period of five years.

(4) When

(a)The office of the Adl1akshya falls vacant by reason of death, resignation,

removal or otherwise or

(b) the Adhakshya is, by reason of leave, illness or other cause, temporarily unable to act, .

the Up Adhakshya shall exercise the powers, perform the functions and discharge the duties of the Adhakshay

until a new Adhakshya is elected and assumes office or until the Adhakshya resumes his duties, as the case

may be.

(5) When

(a) the office of the Up-Adhakshya falls vacant by reason of death, resignation, removal or

otherwise; or

(b) the Up-Adhakshya is, by reason of leave, illness or other cause, temporarily unable to act,

the Adhakshya shall exercise the powers, perform the functions and discharge the duties

of the Up-Adhakshya until a new Up-Adhakshya is elected and assumes office or until the Up-Adhakshya

resumes his duties, as the case may be,

(6) .When the offices of the Adhakshya and the Up-Adhakshya are both vacant or the Adhakshya

and the Up-Adhakshya are temporarily unable to act, the prescribed authority 'may appoint an Adhakshya

and an Up Adhakshya from among the members of the Zilla Panchayat to act as such until an Adhaksl1ya

or an Up-Adhakshya are elected and assume office or resume his duties , as the case may be.

55.Every election or nomination of an Adhakshya, an Up-Adhakshya and members of a Zilla Panchayat shall

be published by the State Government by notification and such persons shall enter upon their respective offices

from the date of such publication. ;

56. (1) Notwithstanding any vacancy in the membership of the Zilla Panchayat, the prescribed authority

shall as soon may be (but before the expiration of thirty days from the date of publication of the noti

fication under section 55) call a meeting of the members of a Zilla Panchayat at such place and at such

time as he may fix for electing an Adhakshya and Up-Adhakshya.

.(2) The meeting to be held under sub-section (1) shall be called the first meeting of the Zilla

Panchayat and may be convened by the prescribed authority in such manner as may be prescribed. ;

57. (1) Every Zilla Panchayat shall hold a meeting for transaction of its business' at least once In every

three months at the office of the Zilla Panchayat or :or such place within the local limits of the district

concerned and at such time as the Adhakshya of the Zilla Panchayat may fix.

(2) The Adhakshya may, whenever he thinks fit in the public interest or shall

upon a written requisition of not less than one half of the total number of members of the Zilla

Panchayat or if directed by the Secretary to the Government in the Rural Development
Department call a special meeting of the Zilla Panchayat within a period of ten days from the
date or receipt of the requisition or direction, as the case may be :

Provided that if the Adhakshya fails to call such special meeting within the

specified period from the date of receipt of requisition or direction, as the case maybe, the
Secretary to the Government in the Rural Development Department may call such meeting
which shall be held at such time :and in such place within the local limits of the district
concerned as he may fix:

(3) Two-third of the total number of members shall form a quorum for a meeting

of the Zilla Panchayat: .

Provided that no quorum shall be necessary for an adjourned meeting.

(4) The Adhakshya or in his absence, the Up-Adhakshya shall preside at the meeting of

the Zilla Panchayat and in the absence of both, the members present shall elect one member
from amongst themselves to preside at the meeting.

(5) All questions coming before a Zilla Panchayat shall, unless otherwise specifically

provided under this Act, be decided by a majority of votes of the members present and voting:

Provided that in case of equality of votes the person presiding shall have a

second or casting vote

(6)

No member shall vote on, and take part, in the discussion of any question

coming up for consideration at a meeting of Zilla Panchayat if the question is one in which he
has any direct or indirect pecuniary interest other than an interest as a member of the 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 any matter before the meeting for discussion or

any question coming up for consideration 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 not take
part therein, and for the purposes of sub-section (4) such person shall be deemed to be absent
during the discussion or consideration of the particular matter.

58.

No subject once finally disposed of by the Zilla Panchayat shall be reconsidered by

it within six months unless the recorded consent of not less than one half of members has been
obtained therefor.

59. (1) A list of the business to be transacted at every meeting of a Zilla panchayat except at an
adjourned meeting, shall be sent to each member of the Zilla Panchayat least seven days before
the time fixed for such meeting and no business shall be brought before or transacted at any
meeting other than the business of which notice has been so given except with the approval of
the majority of the members present at such meeting:

Provided that non-receipt of a notice by a member shall not vitiate the

proceedings of a meeting:

Provided further that if the Adhakshya thinks that a situation has arisen for

which an emergent meeting of the Zilla Panchayat should be called, he may call such
meeting after giving three days notice to the members:

Provided also that not more than one matter shall be included in the list of

business to be transacted at the meeting called under the second proviso.

(2) The business of the Zilla Panchayat shall be transacted in the language spoken

and understood by the members.

3) Minutes or-the proceedings of each meeting of the Zilla Panchayat shall be
recorded in a book to be kept for' this purpose and shall be read out and signed by the

(g) exercise such other powers, perform such other functions and discharge such

other duties as the Zilla Panchayat may, by general or special resolution, direct or as the State
Government may, by order specify:

Provided that the Adhakshya 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 'or, performed or discharged by the Zilla Panchayat at a meeting.

61.

The Up-Adhakshya shall

(a) in the absence of the Adhakshya, preside over and regulate the meetings

of the Zilla Panchayat

(b) exercise such of the powers, perform such of the functions and discharge such

of the duties of the Adhakshya as the Adhakshya may from time to time, delegate

to him by order in writing.:

Provided that the Adhakshya may at :the withdraw all or any of the powers,

functions and duties so delegate to the Up Adhakshya

functions and discharge all the duties. of the Adhakshya

62.

At a meeting of a Zilla Panchayat , a member may move any resolution and put

questions to the Adhakshya or Up Adhakshya ,as the case may be , on matters connected with
the administration of Zilla panchayat or execution of rural works or schemes entrusted to or
undertaken by such Zilla Panchayat
63 (1)An Adhakshya or a Up Adhakshya or a member of a Zilla Panchayat may resign
his office by notifying in writing his intention to do so to the prescribed authority and on such
resignation being accepted the Adhakshya or the Up Adhakshya or the member shall vacate his
office and casual vacancy shall be deemed to have been recovered 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
authority shall communicate it to the members of the Zilla Panchayat within thirty days of such
acceptance
64 (1) An Adhakshya or an Up Adhakshya may, at any time ,be removed from office by a
resolution of the Zilla Panchayat present and voting at a meeting specially convened for the
purpose .Notice of such meeting shall be given to the prescribed authority
Provided that any such meeting while passing any resolution for the removal

Adhakshya of the meeting before the meeting disperses

(4) The Sachiva of a Zilla Panchayat shall, within a week after meeting of the Zilla

Panchayat send copies of minutes of every such meeting to the District Development Officer-
cum-Panchayat Officer and the Secretary.
60.

The Adhakshya shall

(a) regulate the meetings of the Zilla Panchayat;
(b) be responsible for the maintenance of record and registers of the Zilla

Panchayat;

members of the Zilla Panchayat and such officers and such other employees whose services
may be placed at the disposal of the Zilla Panchayat by the State Government;

(d) operate jointly with the Sachiva of the Zilla Panchayat the Fund of the

Zilla Panchayat including authorization of payment and refunds;

(e) cause to issue receipts under his signature or signature of Sachiva for

sums of money received by him for and on behalf of the Zilla Panchayat;

(1) cause preparation of all statements and reports by or under this Act

66. (1) The prescribed authority may, after giving an opportunity to a member of a Zilla Panchayat other
than a member specified under clause (c) of sub section (1)of section 50 to show cause against action

proposed to be taken against him, by order, remove him 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 more than six months; or

1:/

(i) the Adhakshya from his office is under consideration; or

(ii) the Up-Adhakshya from his office is under consideration, ,

he shall not, though he is present, preside at such meeting and the provisions. of subsection (4).of section

57 shall apply in relation to every such meeting as they apply in relation to a meeting from which the

Adhakshya or, as the case may be, the Up Adhakshya is absent.

(2) No person who has been removed from his office under sub-section (1) shall be eligible for re-

election to the vacancy so caused.

65.

In the event of removal of an Adhakshya or an Up-Adhakshya under section 64 or when a

vacancy occurs in the office of the Adhakshya or Up-Adhakshya by resignation, death or otherwise, the

Zilla Panchayat shall elect another Adhakshya or Up Adhakshya, as the case may be. The person so elected

shall take office forth with and shall hold office for the unexpired term .of office of his predecessor.

(b) he was disqualified to be member of the Zilla Panchayat at the time of his election; or

and (f) after his election as a member of the Zilla Panchayat,; or

(d) he is absent from three consecutive meetings of the Zilla Panchayat without the leave of the Zilla

Panchayat provided he is not an ex-officio member of the Zilla Panchayat under clause (c) of sub'-section

(1) of section 50.

(2) Any member of a Zilla Panchayat who is removed from his office by the prescribed authority

under sub-section (1) may, within thirty days from the date of the. order, appeal to the Secretary to the

Government in the Rural Development Department, who may stay the operation of the order till the disposal

of the appeal and may, after giving notice of the appeal to the prescribed authority and after giving the

appellant an opportunity’ of being heard, modify, set aside or confirm the order.

Explanation:-

For the purpose of this sub-section, the term "Secretary" will

mean only the Secretary.

(3) The order passed by such authority on such appeal shall be final.

(4) If a member of a Zilla Panchayat referred to in clause (c) of sub-section (1)of section 50 ceases

to be the member : of the Parliament or as the case may be, member of the Legislative Assembly of the

State, he shall cease to be the member of the Zilla Panchayat and the newly elected person shall become the

member of the Zilla Panchayat.

67. (1) If the office of a member of a Zilla Panchayat becomes vacant by reason of his death , resignation,

removal or otherwise, such vacancy shall be filled in by election of another person under this Act. The

person so elected shall take office forthwith .and shall hold such office for the unexpired term of office of

.his predecessor :

Provided that no election for filling in of a casual 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 from his office under section 66 shall be eligible for re

election to the vacancy so called.

68. (I) There shall be a Sachiva for a Zilla Panchayat appointed by the State Government on such terms

and conditions as may be specified.

(2) The: Sachiva shall have authority to supervise all records of every, Gram Panchayat falling under

the jurisdiction of a Zilla Panchayat of the concerned district. ..

(3) The Sachiva shall be in charge of the office of the Zilla Panchayat and shall discharge such duties

and perform such functions as may be prescribed.

CIIAPTER V II

POWERS AND DUTIES OF ZILLA PANCHAYAT

69. (1) Subject to any general or special directions of the State Government, a Zilla

Panchayat shall have power in respect of.

(a) regulating melas or hats within its local limits;

(b) construction and maintenance of Panchayat Ghars, Dharamsalas and rest houses

types thereof, as may be specified by the State Government by general or special order in this behalf, and

regulating of supply of water there from for irrigation purposes;

(d) regulating supply of water for irrigation or drinking water supply schemes constructed by the

Government and entrusted to it for maintenance and repairs;

(e) regulating, maintaining and developing of lands vested in, it by the State Government;

'(f) organizing plantation programme in the public land, road sides and such other places as may

.be specified for promotion of ,social forestry and environmental . conservation and maintaining and

regulating of such forests;

'(g) establishing and maintaining primary schools and organizing adult education centres;

(h) establishing health centres and maternity and child welfare centres;

(i) managing or maintaining any works of public utility and adopting. measures for the relief of

distress;

j) preparing plans for all round development or the district after ,obtaining previous approval of

the State Government and with such technical :assistance as may be made available by the State

Government;

(k) co-coordinating and integrating the development plans and schemes prepared by Gram

Panchayats .within its jurisdiction;

(l) fulfilling any other obligation imposed by or under this Act or by any other law for the time

being in force or by general or special order of the State Government in this behalf.

70. (1) Subject to such condition as may be imposed by the State Government, a Zilla' Panchayat may, if the

State Government so directs make provisions for

(a) the promotion of opportunity. of employment through community farming by organizing

model agriculture or dairy farms and small scale village. industries;

(b) the organisation and maintenance of clubs and other places for recreation

centres;

(d) construction and maintenance of destitute homes, slaughter houses and encamping grounds;

(e) rendering assistance in extinguishing fire and protecting life and property when fire occurs;

(1) assisting in the prevention of burglary and dacoity;

(g) the promotion of socio-cultural and communal harmony;

(h) the promotion of agriculture and allied activities connected with it; .

(i) any other local work or service of public utility which is likely to promote

The health, comfort, convenience or material prosperity of the public and otherwise provided for in this

Act.

(2) Where the State Government directs a Zilla Panchayat to make provision for any of the items

enumerated in sub-section (1), it shall place such funds at the disposal of the Zilla Panchayat as may be
determined by the State Government for the purpose.

(3) A Zilla Panchayat shall have the power to advise the State Government on all matters relating to

all round development of rural areas.

(4) Notwithstanding anything in sub-section (1), a Zilla Panchayat shall not undertake or execute

any scheme confined to a Gram unless the implementation of such a scheme is beyond the competence of
the Gram Panchayat concerned financially or otherwise. In the latter case the Zilla Panchayat may execute
the scheme itself or entrust its execution to the Gram Panchayat and give such assistance as may be
required:

Provided that a Zilla Panchayat shall undertake or execute any scheme if it extends to more

than one Gram. ..
71.

The Zilla Panchayats of two or more adjacent districts may jointly undertake

and execute at common cost any development schemes or project on such terms and conditions as may be
agreed upon, and in case of any difference as to the interpretation of such terms and conditions the matter
shall be referred to the State Government whose decision shall be final.

72.

A Zilla Panchayat shall exercise ,general powers of supervision over Gram Panchayats in

the district and it shall be the' duty of Gram Panchayat to give effect to any direction of the Zilla
Panchayat on matters of policy or planning for development.

CHAPTER VIII

PROPERTY AND FUND OF ZILLA PANCHAYAT

73.

All roads, buildings or other works constructed by a Zilla Panchayat with its own funds shall vest

in it.

74. (1) The State Government may allocate to a Zilla Panchayat any public property of whatsoever nature

or kind situated within its local limits, and thereupon, such property shall vest in and come under the

control of the Zilla Panchayat.

(2) No property vested in or belonging to a Zilla Panchayat shall be transferred by way of sale,

gift, mortgage, exchange or lease without the previous sanction of-the State Government. .

. (3) Where the State Government is of opinion that any property. vested in or belonging to a Zilla

Panchayat is required for the purpose of any National or State Development planar for any other public

purpose, the State Government may resume such property and upon such resumption the property shall

cease to vest in the Zilla Panchayat and shall re-vest in the State Government. .

(4) No compensation other than the amount paid by the Zilla Panchayat for such transfer and the

market value of any building or works erected or executed on such property by the Zilla Panchayat at the

time of such resumption shall be payable. Any sum so received shall be credited to the Zilla Panchayat

Fund.

75.Where a Zilla Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate

with the person or persons having interest in the said land, and. if it fails to reach an agreement it may make

an application to the District Collector for

the acquisition of the land, who may, if he is satisfied that the land i s required for a public purpose take steps

to acquire the land under the provisions of .the Sikkim Land (Requisition and Acquisition) Act 1977.

76. (1) For every Zilla Panchyat there shall be constituted a Zilla Panchayat Fund .

bearing the name of the Zilla Panchayat and there shall be placed to the credit thereof

(a) contribution and grants, if any, made by the Central or the State Government including

such portion of land revenue collected within its jurisdiction as may be determined by the State

Government;

(b) contribution and grants, if any, made by any other local authority;

(d) proceeds of collection of revenues in respect of schemes, projects and other properties

undertaken or vested in the Zilla Panchayat by the Government at such rates as may be determined by the State

Government;

(e) such rates, fees, taxes, as may be imposed and realized under the provisions of this Act;

(f) such sums received from the Government for fulfilling duties and obligations entrusted to the

Zilla Panchayat by the State Government;

(g) all other sums received by or on behalf of the Zilla Panchayat.

(2) Every Zilla Panchayat shall set apart and apply annually such sum as may be required to meet the

cost of its administration including allowances payable to the members.

(3) Every Zilla Panchayat shall have the power to spend such sums as the State Government may, by' order,
specify for carrying out the purpose of this Act.

. (4) The Zilla Panchayat Fund shall be vested in the Zilla Panchayat :and the amount standing to the credit

or the Fund shall be kept in such custody or invested in such manner as the: State Government may, from
time to time, direct.
(5) Notwithstanding anything contained in clause (d) of section 60 but subject to such general control as the
Zilla Panchayat may exercise from time-to time, orders and. .cheques for payment from the Zilla Panchayat
Fund shall be signed by the Sachiva.

77. (1) Subject to ,the maximal rates which may be fixed by the State Government, a Zilla Pancbayat may
levy following taxes, rates and fees, namely :

(a)a tax on fairs, melas and other.entertai!1ments;

(b) a general sanitation tax for the construction, maintenance, or both the construction and
maintenance of public latrines and for the removal and disposal of refuse;

irrigation or any other purpose is made by the Zilla Panchayat within its jurisdiction;

(d) a fee for temporary erection on, or pulling up projections over, or

temporary occupation of any village road or place;

(e) a fee on private latrines, premises or compounds cleaned by the Zilla

Panchayat agency;

(f) a fee for grazing cattle on the grazing lands vested in a Zilla Panchayat;

(g) a fee on the registration of animals sold in any market or place belonging

to or under the control of the Zilla Panchayat;

(h) a market fee on persons 'exposing goods for sale in any. market or at any place or in any

building or structure therein belonging to or under the control of the Zilla Panchayat;

(i) a fee for the use of dharamasalas, rest houses; slaughter houses :and..

encamping grounds;

(j) a fee for drainage where system of drainage has been introduced by the

Zilla Panchayat;

(k) a temporary tax for special works of public utility.

(2) The Zilla Panchayat shall not levy taxes, rates or fees referred to. in sub

section (1) if such taxes, rates or fees have already been levied by the State Government or :any other

authority under any law for the time being in force or by any other local authority authorised by the State

Government

78. (1) The State Government may make rules to regulate the imposition, assessment to, and collection of

taxes, rates and fees under section 77.

(:2) Subject to the provisions of this Act or rules made thereunder, no person shall object in respect of his

liability to any assessment made or tax imposed under this Act. .

79.

An appeal against any tax, rate or fee under section 77 may be preferred to the prescribed

authority in such manner and within such time as may be prescribed and the decision of such authority shall

be final.

80.

Any arrear of tax, rate or fee imposed under section 80 shall be recoverable, as arrears of

land revenue or public demand if the Zilla Panchayat passes a resolution to that effect and communicates it

to the District ,Collector:

81. (1)' The District Collector on receipt of communication under section 77 and on being satisfied with

the demand shall proceed to recover it.

(2) Any sum so recovered shall be sent to, the Zilla Panchayat and shall be credited to the Zilla

Panchayat Fund.

82. (1) If on a complaint made to it or otherwise, it appears to the State Government that any tax, rate or

fee imposed by a Zilla Panchayat, is excessive, it may, after calling a report from the Zilla Panchayat in

this regard, abolish or suspend or reduce the amount of any tax, rate or' fee, as the case may be..

(2) The State Government may on its own motion or otherwise ,after giving the Zilla Panchayat .an

opportunity of expressing its view in the matter, by order, exempt-

(a) any person or class of persons; or

(b) any property or description of properties, from the payment of whole or part of any tax,

rate or fees subject to such conditions as may be specified in such order.

83. (1) Every Zilla Panchayat shall at such time and in such manner as may be prescribed, prepare in

each year a budget of its estimated receipts and expenditure for the next financial year and submit it to

the State Government for approval.

(2) No expenditure shall be incurred unless the budget is approved by the State Government. .

84.A Zilla Panchayat may prepare in each year supplementary estimates providing for any modification of

its budget and submit it to the State Government for approval within such time and in such manner as may

be prescribed,

85.A Zilla Panchayat shall keep such accounts in such manner as may be prescribed,

CHAPTER IX

AUDIT OF ACCOUNT OF GRAM AND ZILLA PANCHAYAT FUNDS

86.

The accounts of the fund of a Gram Panchayat or Zilla Panchayat shall be examined and

audited by ,the auditor appointed under sub-section (2) of section 148 at such place and in such manner

its may be prescribed.

87.

The Sabhapati or, as the case may be the Adhyakshya shall produce, or cause to be

produced to the auditor all such accounts of the Fund of the Gram Panchayat or the Zilla Panchayat

concerned as may be required by the auditor.

88.

For the purposes of an audit under this Act an auditor may
(a) require in writing the production before him of any document or the supply of any
information which he considers to be necessary for the proper conduct of the audit;

(b) require in writing the personal .appearance before him of any person

(d) in the event of an explanation being required from the Adhakshya or other member of

the Zilla. Panchayat, in writing, invite such person to meet him, and shall, in writing, specify the point on

which the explanation is required.

89.Any person who neglects or refuses to comply with the requisition made by the auditor under section 88

within such time as may be specified, shall, on conviction by a court, be punishable with a fine which may

extend to two thousand rupees in respect of each item included in the requisition.

90. (1) Within two months from the date on which an audit under this Act is completed, the auditor shall

prepare a report and send a copy of the report to the Sabhapati, the Adhakshya, as the case may be, of the

Gram Panchayat or the Zilla Panchayat and to the State Government.

(2) The auditor shall append to his report a statement showing- ,

(a). the grants-in-aid received by the Gram Panchayats or the Zilla Panchayat and the expenditure incurred

there from

(b) any material impropriety or irregularity: which he ,may observe in the expenditure or in the recovery of;

money due to the Gram Panchayats or the Zilla' Panchayat or in the account of the Gram Panchayats, or the

Zilla Panchayat Fund;

Panchayat.

91. (1) Within two months from the date of receipt of the report referred to in section 90, the Gram

Panchayat or the Zilla Panchayat concerned shall, at a meeting, remove or .' cause to be removed ,any defect

or irregularity pointed out in the report and shall also

inform the auditor of the. action taken by it. The Gram Panchayat or the Zilla Panchayat concerned shall-

give reasons or explanations if any defect or irregularity is not removed.

(2) If, within the period referred to in sub-section,(l), no information ,is received by the auditor

from the Gram Panchayat or the Zilla Panchayat concerned or if the reasons or explanations given by it

for not removing any defect or irregularity pointed out in the report is not considered sufficient by the

auditor, the auditor shall if he has not already exercised or does not propose to exercise the powers

conferred upon him by section 92 refer the matter to the State Government within such time and in such

manner as the State Government may prescribe. .

(3) On receipt of the report under sub-section (2), it shall be competent for the State Government

to pass such orders thereon as it may think fit. The orders of the State Government shall, save as provided

in sections 92 and 93 be final and the Gram Panchayat or the Zilla Panchayat concerned shall take action

in accordance with such orders. .

(4) If the Gram Panchayat or the Zilla Panchayat concerned fails to comply with the order within

the period specified therein, the State Government may empower any officer of the State Government to

carry out the order-.

(5) The officer empowered under sub-section (4) shall, for the purpose of carrying out the order,

exercise any of the powers which might have been exercised by the Gram Panchayat or Zilla Panchayat

concerned.

92. (1) The .auditor, after giving the person concerned an opportunity to submit an explanation within a

time to be specified by him and after considering such explanation, shall disallow even' item of account

contrary to law and surcharge the same on the person

accountable for, or having the custody or control of, any such document or having, directly or indirectly,

whether by himself or his partner, if any share or interest in any contract made with, by or on behalf of,

the members of the Gram Panchayat or the Zilla Panchayat concerned

any such document or to answer any question or prepare and submit any statement;

:making or authorizing the making of the illegal payments and shall charge against any person responsible

for the amount of any loss incurred by the negligence or misconduct of that person and shall ,in every such

case ,certify the amounts due from such person

Provided that the Auditor may in his discretion waive the surcharge or charge in cases when::

the amount involved does not exceed fifty rupees.

(2) For the purposes of this section any member of Gram Panchayat or Zilla Panchayat, as the case

may be, who is present at a meeting at which a motion or resolution is passed authorizing any

expenditure which is subsequently disallowed under subsection (I) or. authorizing any action which

results in any such expenditure, shall be deemed to be a person authorizing such expenditure if dissent is

not recorded in the proceedings. All such persons shall be held jointly and severally liable for such expen-

diture.

(3) The Auditor shall record in writing his' reasons for every ,disallowance, surcharge and charge

made under sub-section (1 )'and shall , in such manner as may be prescribed, ‘send a certificate of the

amount due and a copy of the reasons for his decision to the person in respect of whom the certificate is

made, and shall also furnish copies thereof to the 'Sabhapati or Adhakshya, as the case may be, and the

State Government.

(4) The Stale Government may, of its own motion and within one year from the receipt by it of the

copy of the certificate. set aside or modify any disallowance, surcharge or charge and any certificate in

respect there of made by the auditor. .

93. (1) Any person from whom any sum has been certified by the auditor to be due under section 92 may,

within thirty days of the receipt by him of the certificate, appeal to the State Government to set aside or

modify 'the disallowance,.. surcharge or charge in respect of which the certificate was made and the State

Government may pass thereon such orders as it thinks fit, and such orders shall be final.

(2) Where a person referred to in sub-section (2) 'of section 92 who has been surcharged as

authorizing an illegal expenditure, appeals to the State Government under this section, the State

government shall set aside such such large if it is proved. to its satisfaction that such person voted for the

resolution or motion in good faith.

94. (1) The sum certified by the auditor to be due from any person under section 92 or when an appeal is

made under sub-section (1) of section 93, such sum as may be' ordered by the State Government to be due

from such person shall, within two months of the date of certification, or-order, as the case may be, be

paid by such person to the Gram Panchayat or the Zilla Panchayat concerned which 'shall credit the sum

to the Fund of the Gram Panchayat or the Zilla Panchayat concerned.

(2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable

and arrears of land revenue if the Gram Panchayat or the Zilla Panchayat, as the case may, passes a

resolution to that effect and communicates it to the District Collector. .

(3) The District Collector on' receipt of such communication under sub-section (2) and on being

satisfied with the demand, shall proceed to recover it .as soon as may be and the sum 'so recovered by

him shall be sent to the Gram Panchayat or Zilla Panchayat concerned and the same shall be credited to

the Fund of the Gram Panchayat and or the Zilla Panchayat concerned.

95. (1) All expenses incurred by the Gram Panchayat or the Zilla Panchayat concerned in complying with

any requisition of the auditor under section 88 and in prosecuting an offender under section 89 shall be

paid from the Fund of the Gram Panchayat or the Zilla Panchayat concerned.

(2) All expenses incurred by the District Collector in connection with the proceedings for recovery

of any sum under sub-section (3) of section 94 from a person, if not recovered from. the person, shall be

paid from The Fund of the Gram Panchayat or the Zilla Panchayat concerned.

CHAPTER X

CONSTITUTION OF THE STATE FINANCE COMMISSION

96.

In this Chapter " Commission" means the State Finance Commission

constituted by the Governor in pursuance of clause (1) of Article 243 I of the

Constitution.

97.

The Chairman of the Commission shall be selected from among persons who have

had experience in public affairs of the State and the two other members shall be selected from

among persons who

(a) are, or have been or are qualified to be appointed as Judges of a High

Court; or

(b) have special knowledge of the finances and accounts of the State

Government; or

(d) have special knowledge of economics,

98.

Before appointing a person to be a member of the, Commission, the Governor shall

satisfy himself that the person will have. no such financial or other interest as is likely to affect
prejudicially his functions as a member of the Commission, and the Governor shall also satisfy
himself from time to time with respect to every member of the Commission that he has no such
interest and any person who is, or whom the Governor proposes to appoint to be a member of the
Commission shall, whenever required by the Governor to do so, furnish to 'him such information as
the Governor considers necessary for the performance by him of his duties under this section.

99.

A person shall be disqualified for being appointed as or for being a member of the

Commission if he

(a) is of unsound mind;

(b) is an undischarged insolvent;
(c) has been convicted of an offence involving moral turpitude;
(d) has such financial or other interest as is likely to affect prejudicially his functions
as a member of the Commission.

100.

'Every member of the Commission shall hold office for such period ,as

may be specified in the order of the Governor appointing him, but shall .be eligible
for re-appointment:

Provided that he may, by a letter addressed to the Governor, resign his office

101.

The members of the Commission shall render whole-time or part-time service to the

Commission as the Governor may in each case specify, and there shall be paid to the members or

the Commission such salaries and such allowances as may be prescribed.

102.

The Commission shall determine their procedure and in the performance of their function

shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in
respect of the following matters, namely:-

(a) summoning and enforcing the :attendance of witnesses;

(b) requiring the production or any documents;

(d) such other powers as may be prescribed.

'""

CHAPTER XI

STATE ELECTION COMMISSION

103. (I) The superintendence, ,direction and control of the preparation of electoral rolls for and

conduct of, all elections to the Gram Panchayat and Zilla Panchayat shall be vested in the State
Election Commission consisting of a State Election Commissioner to be appointed by the
Governor.

(2) The conditions of service and tenure of office of the Stale Election Commissioner shall

be such as the Governor may by rule, determine:

Provided that the Slate Election Commissioner shall not be removed from his office

except in like manner and on the like grounds as a Judge of a High Court and the conditions of

service of the State Election Commissioner shall not be varied to his disadvantage after his

appointment.

(3) The Governor shall, when so requested by the State Election Commission, make

available to the State Election Commission such staff as may be necessary for the discharge of the
functions conferred on it under sub-section (1).

CHAPTER XII

MISCELLANEOUS

104.

Every member of a Gram Panchayat or of Zilla Panchayat other than a

member referred to in clause (c) of s u b-section (1) Section 50 shall before taking his office make

and subscribe before such authority as may be specified by the State Government in this behalf an

oath or affirmation according to the Form set out for the purpose in the Schedule.

105.

No act or proceeding of a Gram Panchayat or Zilla Panchayat shall be deemed to be invalid

merely by reason of the existence of any vacancy in the Gram Panchayat or Zilla Panchayat, as the case

may be, or any defect or irregularity in the constitution thereof.

106.

All members', officers and employees of the Gram Panchayat and Zilla Panchayat shall be

deemed when acting or purporting to act in pursuance of the discharge of their' duties, or in the exercise

of their powers under this Act or under the rules made thereunder, to be public servants within the

meaning of section 21 of the Indian Penal Code.

107.

No suit or other legal proceedings shall lie against a Gram Panchayat or Zilla

Panchayat or against any member thereof or any officer or any employee for anything in good faith

done or intended to be done in pursuance of this Act or any rules made thereunder.

l08

If any dispute arises between two or more Gram Panchayat, within the jurisdiction of

the same Zilla Panachayat, it shall be referred to the Zilla Panchayat concerned by any party to the

dispute and the decision of the Zilla Panchayat thereon shall be final.

(2) If any dispute arises

(a) between a Gram Panchayat within a district on the one side and the Zilla

Panchayat of the same district on the other; or

(b) between two or more Zilla Panchayats; or

more Gram Panchayats in another district on the other; or

(d) between one or more Gram Panchayats in one district on the one side and the Zilla

Panchayat of another district on the other; such dispute shall be referred to the State Government by

any party to the dispute and the decision of the State Government thereon sha1l be final.

109. (I) The State Government sha1l empower the Secretary to the Government

in the Rural Development Department and such other officers as it may consider necessary for the purpose
of inspection or superintending the works of all, or class of, Gram Panchayats or Zilla Panchayats.
(2) An officer so empowered to inspect or superintend the works of a Gram.
Panchayat or Zilla Panchayat may at any time

(a) inspect or cause to be inspected any immovable property used or occupied by the Gram-

Panchayat or Zilla Panchayat or any work in progress under the direction of Gram Panchayat or Zilla
Panchayat;

(b) inspect or examine any work or -thing under the control of the Gram Panchayat or Zilla

Panchayat;

(i) to produce any book, record, correspondence, plan or other document; or

(ii) to furnish any return, plan, estimate, statement, accounts or statistics; or

(iii) to furnish or obtain any report or information.

(3) When an inspection of a Gram Panchayat or Zilla Panchayat is undertaken by any officer

referred to in sub-section (1), a report of such inspection shall be submitted by such officer to the State

Government as soon as possible but not beyond a period of thirty days after the date of completion of

inspection.

110. (1) The State Government may, by order in writing, rescind any resolution passed by a Gram

Panchayat or Zilla Panchayat, if in its opinion such resolution

(a) has not been legally passed; or

(b) is in excess or abuse of the powers conferred by or under this Act or any

rules. made thereunder; or

likely to lead to breach of the peace.

(2) The State Government shall, before taking any action under sub-section (1) give the Gram

Panchayat or Zilla Panchayat concerned an opportunity of making any presentation against the proposed

order.

111.

Any officer of the State Government authorised by the State Government in this behalf,'

shall be entitled to attend meetings' of the Gram Pancbayat or the Zilla Panchayat, as the case may be, for

the purpose of furnishing facts, information and technical advice but shall not be entitled to vote at any

such meeting.

112. . In the discharge of their functions the Gram Panchayat and the Zilla Panchayat shall be guided by

such instructions or directions as may be given to them by the State Government from time to time in

conformity with the provisions of this Act.

113. (1) The State Government may, notwithstanding anything contained in subsection (2) of section 7;

sub-section (4) of section 31 and sub-section (2) of section 54, by an order in writing remove with effect

from a date to be specified in the order any Sabhapati or Up-Sabhapati or any Sachiva of Gram

Panchayat, any Adhakshya or Up Adhakshya of Zilla Pancbayat from his office, if in its opinion, he

wilfully omits or refuses to carry out the provisions of this Act or of :any rules or orders made thereunder

or abuses the powers vested in him under this Act.

. (2) The State Government shall, before making any order under sub-section (1), give to the person

concerned all opportunity of making a representation against the proposed order'.

114.

If, in the opinion of the State Government , any Gram Panchayat or Zilla Panchayat

(a) has shown its incompetence to perform or has persistently made default

sub-section (I) of section 17;

(iii) manner in which meeting of Gram Panchayat shall be convened after subsection (2) of section...19;

(iv) powers, functions and duties of Sabhapati of Gram Panchayat

(v) power, functions and duties of Sachiva of Gram Panchayat;

(vi) manner in which and time within which an :appeal may be made under section 42;

(vii) manner in which and time within which the Budget shall be prepared by Gram Panchayat under

section 46;

(viii) manner in which and time within which the supplementary Budget shall be submitted under section

47;

(ix) manner in which accounts shall be kept by Gram Panchayat;

(x) terms and conditions of appointment of Sachiva of Zilla Panchayat;

(xi) duties and functions of Sachiva of Zilla Pancbayat;

(xii) manner in which and time within which appeal may be made under section 79;

(xiii) manner in which and time within which the Budget shall be prepared by Zilla

Panchayat under sub-section (1) of section 83;

(xiv) manner in which and time within which, supplementary Budget shall be

submitted under section 84;

(xv) manner in which accounts shall be kept by Zilla Panchayat;

(xvi) manner in which, time within which, place whereon and the extent to which

accounts of tile Gram Panchayat and Zilla Panchayat shall be examined and audited;

(xvii) manner in which and time within which the matter shall be, referred to the State,

Government under sub-section (2) of section 91;

(xviii) manner in which a certificate of the amount due and a copy of reasons thereof shall be sent under

sub-section (3) of section 92; .

(xix) manner of superintendence, direction and control of the conduct of election of members of Gram

Panchayat;

(xx) manner in which, time within which and the authority to whom the application for questioning the

election shall be presented under sub-section (I) of section 119

(xxi) particulars to be furnished under sub-section, (3) of section 119

(xxii) powers and authority that shall be exercised by the authority under sub-section (4) of section 119

(xxiii) any other matters which are to be and may be, prescribed.

131.If any difficulty arises in giving effect to the provisions of this. Act, the State Government may take

such steps or issue such orders not inconsistent with the provisions of this Act as may appear to 'it to be

necessary or expedient for the purpose of removing such difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the

date of commencement of this Act.

132.On and from the date of commencement of this Act, the Sikkim Panchayat Act, 1982 shall stand

repealed and all assets and liabilities of the Gram Panchayats

constituted under the repealed Act, 1982 shall stand repealed and all assets and liabilities of the Gram

Panchayats or Zilla Panchayats constituted under the repealed Act shall continue to vest in the respective

Gram or Zilla Panchayat, as the case may be: .

Provided that such repeal shall not effect-

(a) the continuance of the existing Gram Panchayat or the Zilla Panchayat as the case may be,

by virtue of the operation of the proviso to Article 243 N of the Constitution; or

(b) the previous operation of the repealed Act or anything duly done or suffered thereunder;

under the repealed Act; or

(d) :any 'penalty, forfeiture or punishment incurred in respect of any offence

committed against the repealed Act; or :

(e) any investigation, legal proceeding or remedy in respect of any such right,

. privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and

(f) any such investigation, legal proceeding or remedy may be instituted, continued or

enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been

passed: ,

Provided further that subject to the preceding provision anything done or any action taken

(including any appointment or delegation made, notification, notice, order, instructions or direction issued

rule, regulation form or scheme framed, certificate obtained, permit or licence granted, tax imposed or fee

or rates levied) under the repealed Act shall, in so far as It is in force immediately before commencement

of this Act and is not inconsistent with the provisions of this Act be deemed to have been done or taken

under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and

until they are repealed or amended or suspended.

THE,SCHEDULE

Form of oath or affirmation to be made by a member of a,Gram Panchayat or a Zilla Panchayat. .

(See Section' -104)

1,A.B., having been elected a member of ................................Gram Panchayat /Zilla Panchayat

do swear in the name of God or solemnly affirm that I will bear true faith and allegiance to the

Constitution of India as by law established, and hat r shall faithfully discharge the duties upon which I am

about to enter.

By Order of the ,Governor,

( B.R. Pradhan)

Secretary to the Government of Sikkim

Law Department.

F. No. 1 6 (269)LDI93

Sikkim Local Fund Audit

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The Sikkim Panchayat Act, 1993

The Sikkim Panchayat Act, 1993