The Manipur Panchayati Raj Act, 1994
Administered Ministry: Ministry of Panchayati Raj
Section
Section 81 Powers of Government to make model regulations and bye-laws.
(1) The Government may, subject to the provisions of this Act and the rules made thereunder and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Zilla Parishads and Gram Panchayats respectively.
(2) A Gram Panchayat or a Zilla Parishad may by resolution adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Gram Panchayat or Zilla Parishad from such date as the Gram Panchayat or Zilla Parishad as the case may be, may specify in a notice published in the prescribed manner.
(2) A Gram Panchayat or a Zilla Parishad may by resolution adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Gram Panchayat or Zilla Parishad from such date as the Gram Panchayat or Zilla Parishad as the case may be, may specify in a notice published in the prescribed manner.
Section 82 Powers of Government to dissolve and reconstitute Gram Panchayat and Zilla Parishad in case of alteration of area.
(1) When on account of the reason that the limits of an area of Gram Panchayat or Zilla Parishad, are altered, the Government may by order published in the Official Gazette dissolve such Panchayat or Parishad, from a date, specified in the order and direct that Gram Panchayat or Zilla Parishad concerned:--
(i) be reconstituted for the Panchayat area of which the Gram Panchayat or the district of which Zilla Parishad has been dissolved; or
(ii) be established for a Panchayat area, or district which has been newly constituted.
(2) The members of the Gram Panchayat or Zilla Parishad which has been dissolved under sub-section (1) shall vacate their office from the date specified in the order of the Government.
(3) The Gram Panchayat or Zilla Parishad reconstituted or established under the provisions of sub-section (1) shall consist of members nominated by the Government and such members shall as far as practicable be persons who are members of the Gram Panchayat or Zilla Parishad which has been dissolved under sub-section (1).
(4) The Chairpersons of Gram Panchayat or Zilla Parishad shall be elected in the manner provided in this Act.
(5) The term of the Gram Panchayat or Zilla Parishad so reconstituted or established shall be for such period not exceeding six months as the Government shall by order specify.
(6) Before the expiry of the term of the Gram Panchayat or Zilla Parishad constituted in accordance with the provisions of sub-section (5), a Gram Panchayat or Zilla Parishad shall be constituted in the manner provided under this Act:
Provided that where the remainder of the period for which the dissolved Gram Panchayat or Zilla Parishad would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a Gram Panchayat or a Zilla Parishad for such period.
(7) A Gram Panchayat or Zilla Parishad constituted under sub-section (1) shall continue only for the remainder of the period for which the dissolved Gram Panchayat or Zilla Parishad would have continued had it not been so dissolved.
(8) When a Gram Panchayat or a Zilla Parishad has been dissolved and reconstituted or established under this section so much of the Gram Panchayat or Zilla Parishad fund and other property vesting in the Gram Panchayat or Zilla Parishad which has been dissolved shall vest in and such portion of the debts, and obligations shall be transferred to, the Gram Panchayat or Zilla Parishad reconstituted or established under this section as the Government may direct by an order made in writing.
(9) The rights and liabilities of the dissolved Gram Panchayat or Zilla Parishad in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gram Panchayat or Zilla Parishad reconstituted or established shall vest in such Gram Panchayat or Zilla Parishad.
(10) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation or form made, issued, imposed or granted by the Gram Panchayat or Zilla Parishad which has been dissolved in respect of any part of the area subject to the authority of the Gram Panchayat or Zilla Parishad which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such Gram Panchayat or Zilla Parishad unless and until it is suspended by any appointment, notification, notice, form, order, scheme, licence, permission, rule and regulation made, issued, imposed or granted by such Gram Panchayat or Zilla Parishad.
(i) be reconstituted for the Panchayat area of which the Gram Panchayat or the district of which Zilla Parishad has been dissolved; or
(ii) be established for a Panchayat area, or district which has been newly constituted.
(2) The members of the Gram Panchayat or Zilla Parishad which has been dissolved under sub-section (1) shall vacate their office from the date specified in the order of the Government.
(3) The Gram Panchayat or Zilla Parishad reconstituted or established under the provisions of sub-section (1) shall consist of members nominated by the Government and such members shall as far as practicable be persons who are members of the Gram Panchayat or Zilla Parishad which has been dissolved under sub-section (1).
(4) The Chairpersons of Gram Panchayat or Zilla Parishad shall be elected in the manner provided in this Act.
(5) The term of the Gram Panchayat or Zilla Parishad so reconstituted or established shall be for such period not exceeding six months as the Government shall by order specify.
(6) Before the expiry of the term of the Gram Panchayat or Zilla Parishad constituted in accordance with the provisions of sub-section (5), a Gram Panchayat or Zilla Parishad shall be constituted in the manner provided under this Act:
Provided that where the remainder of the period for which the dissolved Gram Panchayat or Zilla Parishad would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a Gram Panchayat or a Zilla Parishad for such period.
(7) A Gram Panchayat or Zilla Parishad constituted under sub-section (1) shall continue only for the remainder of the period for which the dissolved Gram Panchayat or Zilla Parishad would have continued had it not been so dissolved.
(8) When a Gram Panchayat or a Zilla Parishad has been dissolved and reconstituted or established under this section so much of the Gram Panchayat or Zilla Parishad fund and other property vesting in the Gram Panchayat or Zilla Parishad which has been dissolved shall vest in and such portion of the debts, and obligations shall be transferred to, the Gram Panchayat or Zilla Parishad reconstituted or established under this section as the Government may direct by an order made in writing.
(9) The rights and liabilities of the dissolved Gram Panchayat or Zilla Parishad in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part of the area subject to the authority of the Gram Panchayat or Zilla Parishad reconstituted or established shall vest in such Gram Panchayat or Zilla Parishad.
(10) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation or form made, issued, imposed or granted by the Gram Panchayat or Zilla Parishad which has been dissolved in respect of any part of the area subject to the authority of the Gram Panchayat or Zilla Parishad which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such Gram Panchayat or Zilla Parishad unless and until it is suspended by any appointment, notification, notice, form, order, scheme, licence, permission, rule and regulation made, issued, imposed or granted by such Gram Panchayat or Zilla Parishad.
Section 83 Dissolution of Gram Panchayats and Zilla Parishad in certain other cases.
(1) If, in the opinion of the Zilla Parishad, a Gram Panchayat exceed or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Zilla Parishad may by order published in the Official Gazette, dissolve such Gram Panchayat.
(2) If in the opinion of the Government, a Zilla Parishad exceeds or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may, by an order published in the Official Gazette, dissolve such Zilla Parishad.
(3) Before publishing an order under sub-section (1) or sub-section (2) the Zilla Parishad or the Government shall communicate to the Gram Panchayat or to the Zilla Parishad, as the case may be, the grounds on which it proposes to do so, and fix a reasonable period for the Panchayat concerned to show cause against the proposal and consider its explanation and objections, if any.
(4) When a Gram Panchayat or Zilla Parishad is dissolved all the members of Gram Panchayat or Zilla Parishad shall, from the date specified in the order, vacate their office as such members.
(5) If a Gram Panchayat or Zilla Parishad is dissolved:--
(a) all the powers and duties of the Gram Panchayat or Zilla Parishad shall, during the period of its dissolution be exercised and performed by such person or persons as the Zilla Parishad or the Government, as the case may be, may from time to time, appoint in this behalf;
(b) all property vested in the Gram Panchayat or Zilla Parishad shall during the period of dissolution vest in the Zilla Parishad or the Government, as the case may be; and
(c) the person is vacating office on dissolution shall be eligible for re-election.
(2) If in the opinion of the Government, a Zilla Parishad exceeds or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force, the Government may, by an order published in the Official Gazette, dissolve such Zilla Parishad.
(3) Before publishing an order under sub-section (1) or sub-section (2) the Zilla Parishad or the Government shall communicate to the Gram Panchayat or to the Zilla Parishad, as the case may be, the grounds on which it proposes to do so, and fix a reasonable period for the Panchayat concerned to show cause against the proposal and consider its explanation and objections, if any.
(4) When a Gram Panchayat or Zilla Parishad is dissolved all the members of Gram Panchayat or Zilla Parishad shall, from the date specified in the order, vacate their office as such members.
(5) If a Gram Panchayat or Zilla Parishad is dissolved:--
(a) all the powers and duties of the Gram Panchayat or Zilla Parishad shall, during the period of its dissolution be exercised and performed by such person or persons as the Zilla Parishad or the Government, as the case may be, may from time to time, appoint in this behalf;
(b) all property vested in the Gram Panchayat or Zilla Parishad shall during the period of dissolution vest in the Zilla Parishad or the Government, as the case may be; and
(c) the person is vacating office on dissolution shall be eligible for re-election.
Section 84 Inquiry into the afffairs of the Panchayats by the Government.
(1) The Government may, at any time for reasons to be recorded in writing, cause any inquiry to be made by any of its officers in regard to any Gram Panchayat or Zilla Parishad on matters concerning it, or any matters with respect to which the sanction, approval, consent or orders of the Government is required under this Act.
(2) The Officer holding such inquiry shall have the powers of the Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) to take evidence and to compel attendance of witnesses and production of documents for the purposes of the inquiry.
(3) The Government may make orders as to costs of inquiries made under sub-section (1) and as to the parties by whom and the funds out of which they shall be paid and such order may, on the application of the Commissioner or of any person named therein be executed as if it were a decree of a Civil Court.
(2) The Officer holding such inquiry shall have the powers of the Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) to take evidence and to compel attendance of witnesses and production of documents for the purposes of the inquiry.
(3) The Government may make orders as to costs of inquiries made under sub-section (1) and as to the parties by whom and the funds out of which they shall be paid and such order may, on the application of the Commissioner or of any person named therein be executed as if it were a decree of a Civil Court.
Section 85 Inspection of Development Schemes.
(1) For the purpose of efficient and economical execution of any works or development schemes undertaken by a Gram Panchayat or Zilla Parishad an officer or person authorised by general or special order of the Government, if he considers it necessary to give technical guidance or assistance to any officer of or under the Gram Panchayat or Zilla Parishad who is charged with the execution or maintenance of any such work or development scheme, then the officer or person so authorised may periodically inspect such works or development schemes to give such guidance, assistance or advise as he thinks necessary in relation to such works or development schemes and shall forward to the Gram Panchayat or Zilla Parishad a report on the inspection made pointing out therein any irregularities noticed, and suggestions for improvement.
(2) In implementation of the plans or schemes all the rules applicable to Government Departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable in case of a Panchayat.
(2) In implementation of the plans or schemes all the rules applicable to Government Departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable in case of a Panchayat.
Section 86 Directions from the Government.
(1) Notwithstanding anything contained in this Act it shall be lawful for the Government to issue directions to any Gram Panchayat or Zilla Parishad in matters relating to State and National Policies and such directions shall be binding on the Gram Panchayat or Zilla Parishad.
(2) The Government may:--
(a) call for any record, register or any other document in possession under the control of any Gram Panchayat or Zilla Parishad;
(b) require any Gram Panchayat or Zilla Parishad to furnish in return, plan, estimate, statement, account or statistics; and
(c) require any Gram Panchayat or Zilla Parishad to furnish any information or report on any matter connected with such Gram Panchayat or Zilla Parishad.
(2) The Government may:--
(a) call for any record, register or any other document in possession under the control of any Gram Panchayat or Zilla Parishad;
(b) require any Gram Panchayat or Zilla Parishad to furnish in return, plan, estimate, statement, account or statistics; and
(c) require any Gram Panchayat or Zilla Parishad to furnish any information or report on any matter connected with such Gram Panchayat or Zilla Parishad.
Section 87 Commissioner and Chief Executive officers powers in respect of Gram Panchayat and Zilla Parishad.
(1) The Chief Executive Officer may in respect of Gram Panchayat exercise the following powers, namely:--
(a) call for proceedings of any Gram Panchayat or any extract of any book or document in the possession of or under the control of the Gram Panchayat or any return or statement of account or report;
(b) require a Gram Panchayat, to take into consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such Gram Panchayat or any information which appears to him to necessitate the doing of anything by such Gram Panchayat or within such period as he may fix;
(c) order a duty to be performed within a specified period if a Gram Panchayat has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Gram Panchayat within such period as he may fix;
(d) direct a Gram Panchayat to levy any tax if it has failed to do so in accordance with the provision of this Act;
(e) call for meetings of the Gram Panchayat, or any of its committees if no meeting of the Gram Panchayat or its committees has been held in accordance with the provisions of this Act or rules made thereunder.
(2) The Gram Panchayat may appeal to the Commissioner, against any order made under clause (c) of sub-section (1) by the Chief Executive Officer within thirty days from the date of such order.
(3) The Commissioner may in respect of Zilla Parishad exercise the following powers, namely:--
(a) call for proceedings of any Zilla Parishad or any extract of any book or document in the possession of or under the control of the Zilla Parishad or any return or statement of account or report;
(b) require a Zilla Parishad, to take into consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such Zilla Parishad or any information which appears to him to necessitate the doing of anything by such Zilla Parishad or within such period as he may fix;
(c) order a duty to be performed within a specified period if a Zilla Parishad has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Zilla Parishad within such period as he may fix;
(d) call for meetings of the Zilla Parishad or any of its committees if no meeting of the Zilla Parishad or its committees has been held in accordance with the provisions of this Act or rules made thereunder.
(4) The Zilla Parishad may appeal to the Government, against any order made under clause (c) of sub-section (3) by the Commissioner, within thirty days from the date of such order.
(a) call for proceedings of any Gram Panchayat or any extract of any book or document in the possession of or under the control of the Gram Panchayat or any return or statement of account or report;
(b) require a Gram Panchayat, to take into consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such Gram Panchayat or any information which appears to him to necessitate the doing of anything by such Gram Panchayat or within such period as he may fix;
(c) order a duty to be performed within a specified period if a Gram Panchayat has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Gram Panchayat within such period as he may fix;
(d) direct a Gram Panchayat to levy any tax if it has failed to do so in accordance with the provision of this Act;
(e) call for meetings of the Gram Panchayat, or any of its committees if no meeting of the Gram Panchayat or its committees has been held in accordance with the provisions of this Act or rules made thereunder.
(2) The Gram Panchayat may appeal to the Commissioner, against any order made under clause (c) of sub-section (1) by the Chief Executive Officer within thirty days from the date of such order.
(3) The Commissioner may in respect of Zilla Parishad exercise the following powers, namely:--
(a) call for proceedings of any Zilla Parishad or any extract of any book or document in the possession of or under the control of the Zilla Parishad or any return or statement of account or report;
(b) require a Zilla Parishad, to take into consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such Zilla Parishad or any information which appears to him to necessitate the doing of anything by such Zilla Parishad or within such period as he may fix;
(c) order a duty to be performed within a specified period if a Zilla Parishad has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting Zilla Parishad within such period as he may fix;
(d) call for meetings of the Zilla Parishad or any of its committees if no meeting of the Zilla Parishad or its committees has been held in accordance with the provisions of this Act or rules made thereunder.
(4) The Zilla Parishad may appeal to the Government, against any order made under clause (c) of sub-section (3) by the Commissioner, within thirty days from the date of such order.
Section 88 Power of Government and Chief Executive Officer to provide for performance of duties in default of Gram Panchayat or Zilla Parishad
When the Government in case of a Zilla Parishad and the Chief Executive Officer in case of a Gram Panchayat is informed on complaint made or otherwise, that any Zilla Parishad or Gram Panchayat has made default in performing any duty imposed on it, by or under this Act, or by or under any law for the time being in force and if the Government or Chief Executive Officer, as the case may be, is satisfied after due enquiry that any Zilla Parishad or Gram Panchayat, has failed in the performance of such duty, the Government or the Chief Executive Officer, as the case may be, may fix a period for the performance of that duty:
Provided that no such period shall be fixed unless the Zilla Parishad or Gram Panchayat concerned has been given an opportunity to show cause why such an order shall not be made.
Provided that no such period shall be fixed unless the Zilla Parishad or Gram Panchayat concerned has been given an opportunity to show cause why such an order shall not be made.
Section 89 Zilla Prishads, power of suspending the executions of order, etc., of Gram Panchayat.
(1) If in the opinion of the Zilla Parishad the execution of any order or resolution of a Gram Panchayat or any order of any authority or Officer of a Gram Panchayat or the doing anything which is about to be done, or is being done, by or on behalf of a Gram Panchayat is unjust, unlawful, improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may by order suspend the execution of or prohibit the doing thereof.
(2) When the Zilla Parishad makes an order under sub-section (1) it shall forthwith forward to the Government and to the Gram Panchayat affected thereby a copy of the order with a statement of the reasons for making it and it shall be in the discretion of the Government to confirm or resind the order or to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit:
Provided that no order of the Zilla Parishad made under this section shall be confirmed, revised or modified by the Government without giving the Gram Panchayat reasonable opportunity of showing cause against the said order.
(2) When the Zilla Parishad makes an order under sub-section (1) it shall forthwith forward to the Government and to the Gram Panchayat affected thereby a copy of the order with a statement of the reasons for making it and it shall be in the discretion of the Government to confirm or resind the order or to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit:
Provided that no order of the Zilla Parishad made under this section shall be confirmed, revised or modified by the Government without giving the Gram Panchayat reasonable opportunity of showing cause against the said order.
Section 90 Government’s power of suspending execution of unlawful orders or resolutions.
(1) If on the receipt of a report from the Chief Executive Officer in this behalf or otherwise the Government is of the opinion that execution of any order or resolution of Zilla Parishad or the doing of anything which is about to be done or is being done by on behalf of a Zilla Parishad is unjust, unlawful, or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may, by an order suspend the execution or prohibit the doing thereof.
(2) When the Government makes an order under sub-section (1), it shall forthwith forward to the Zilla Parishad affected thereby a copy of the order with a statement of reasons for making it and the Government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit:
Provided that no order under this sub-section shall be made by the Government without giving the Zilla Parishad concerned a reasonable opportunity of showing cause against the said order.
(2) When the Government makes an order under sub-section (1), it shall forthwith forward to the Zilla Parishad affected thereby a copy of the order with a statement of reasons for making it and the Government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit:
Provided that no order under this sub-section shall be made by the Government without giving the Zilla Parishad concerned a reasonable opportunity of showing cause against the said order.
Section 91 Purchase of stores and equipment.
(1) The Government may by general or special order provide for all any of the following matters, namely:--
(a) the manner in which purchase of stores, equipments, machineries and other articles required by the Zilla Parishad or Gram Panchayat shall be made by them;
(b) the manner in which tender for works, contracts and supplies shall be invited and examined and accepted by the Gram Panchayat or Zilla Parishad;
(c) the manner in which works, and development schemes may be executed and inspected and payment may be made in respect of such works an schemes; and
(d) constitution of committee for the purposes of this sub-section.
(2) Save as otherwise expressly provided in sub-section (1), in respect of all other matters relating to withdrawal of funds, form of bills, incurring of expenditure maintenance of accounts, rendering of accounts and such other matters, the rules, of implementation as applicable to Departments of the Government shall mutatis mutandis apply in case of a Gram Panchayat and Zilla Parishad.
(a) the manner in which purchase of stores, equipments, machineries and other articles required by the Zilla Parishad or Gram Panchayat shall be made by them;
(b) the manner in which tender for works, contracts and supplies shall be invited and examined and accepted by the Gram Panchayat or Zilla Parishad;
(c) the manner in which works, and development schemes may be executed and inspected and payment may be made in respect of such works an schemes; and
(d) constitution of committee for the purposes of this sub-section.
(2) Save as otherwise expressly provided in sub-section (1), in respect of all other matters relating to withdrawal of funds, form of bills, incurring of expenditure maintenance of accounts, rendering of accounts and such other matters, the rules, of implementation as applicable to Departments of the Government shall mutatis mutandis apply in case of a Gram Panchayat and Zilla Parishad.
Section 92 Power to appoint administrator in certain cases.
(1) Whenever,--
(a) any general election to a Zilla Parishad under this Act or any proceedings consequent thereon has been stayed by an order of a competent court, or authority; or
(b) all the members or more than two-thirds of the members of a Zilla Parishad have resigned,
the Government shall by notification in the Official Gazette appoint an Administrator for such period as may be specified in the notification and may, by like notification, curtail or extend the period of such appointment, so however, that the total period of such appointment shall not exceed six months.
(2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under sub-section (1) the Zilla Parishad and the Committees thereof and the Adhyaksha, or Up-Adhyaksha of such Zilla Parishad charged with carrying out the provisions of this Act, or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act or any other law and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the Administrator during the period of such appointment.
(a) any general election to a Zilla Parishad under this Act or any proceedings consequent thereon has been stayed by an order of a competent court, or authority; or
(b) all the members or more than two-thirds of the members of a Zilla Parishad have resigned,
the Government shall by notification in the Official Gazette appoint an Administrator for such period as may be specified in the notification and may, by like notification, curtail or extend the period of such appointment, so however, that the total period of such appointment shall not exceed six months.
(2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under sub-section (1) the Zilla Parishad and the Committees thereof and the Adhyaksha, or Up-Adhyaksha of such Zilla Parishad charged with carrying out the provisions of this Act, or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act or any other law and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the Administrator during the period of such appointment.
Section 93 Removal of members for misconduct, etc.
The Government if it thinks fit on the recommendation of the Gram Panchayat or Zilla Parishad or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary if such members has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member
Section 94 Restrictions on withdrawal of powers and functions from the Panchayats.
Notwithstanding the transfer of any power, functions and duties in respect of any matter to a Panchayat under this Act the Government on a proposal from Panchayat in that behalf or where it is satisfied that by reason of a change in the nature of the matter such as the conversion of a primary health centre into a secondary health centre or hospital or the conversion of a seed multiplication farm into an agricultural research farm or a road becoming a part of a highway, the matter would cease to be a matter in relevant Panchayat functions list and it is necessary to withdraw from the Panchayat powers, functions or duties in respect of such matter, may, by notification in the Official Gazette, withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including the taking over of the property, right and liabilities, if any vesting in the Panchayat and of the staff, if any, which may have been transferred to the Panchayat as the case may be.
Section 95 Preparation of development plans.
(1) Every Gram Panchayat shall prepare every year a development plan and submit it to the Zilla Parishad before such date and in such form as may be prescribed.
(2) Every Zilla Parishad shall prepare every year a development plan of the District after including the development plans of the Gram Panchayat and submit it to the District Planning Committee constituted under section 96 of this Act.
(2) Every Zilla Parishad shall prepare every year a development plan of the District after including the development plans of the Gram Panchayat and submit it to the District Planning Committee constituted under section 96 of this Act.
Section 96 District Planning Committee.
(1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by the Zilla Parishad, Gram Panchayats, Nagar Panchayat, Municipal Council and Municipal Corporation in the district and to prepare a draft development plan for the district as a whole.
(2) The District Planning Committee shall consist of--
(a) members of the House of the People who represent the whole or part of the district;
(b) all the members or the State Legislative Assembly whose constituencies lie within the district;
(c) Adhyaksha of the Zilla Parishad;
(d) Mayor or the President of the Municipal Corporation or the Municipal Council respectively, having jurisdiction over the headquarters of the district; and
(e) such number of persons not less than four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner from amongst the members of the Zilla Parishad, Nagar Panchayat and Councillors of the Municipal Corporation and the Municipal Councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district.
(3) The Chairman of the District Co-operative Banks and of the Land Development Bank shall be permanent invitees of the Committee.
(4) The Chief Executive Officer shall be the Secretary of the Committee.
(5) The Deputy Commissioner of the districts shall be the Chairman of the District Planning Committee.
(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporations in the district and prepare a draft development plan for the district as a whole.
(7) Every District Planning Committee shall in preparing the draft development plan:--
(a) have regard to--
(i) the matters of common interest between the Zilla Parishad, Gram Panchayats, Nagar Panchayats, Municipal Corporation and Municipal Councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation,
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Government may by order specify.
(8) The Chairman of every District Planning Committee shall forward the development plan, as recommended by such Committee to the Government.
(2) The District Planning Committee shall consist of--
(a) members of the House of the People who represent the whole or part of the district;
(b) all the members or the State Legislative Assembly whose constituencies lie within the district;
(c) Adhyaksha of the Zilla Parishad;
(d) Mayor or the President of the Municipal Corporation or the Municipal Council respectively, having jurisdiction over the headquarters of the district; and
(e) such number of persons not less than four-fifth of the total number of members of the Committee as may be specified by the Government elected in the prescribed manner from amongst the members of the Zilla Parishad, Nagar Panchayat and Councillors of the Municipal Corporation and the Municipal Councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district.
(3) The Chairman of the District Co-operative Banks and of the Land Development Bank shall be permanent invitees of the Committee.
(4) The Chief Executive Officer shall be the Secretary of the Committee.
(5) The Deputy Commissioner of the districts shall be the Chairman of the District Planning Committee.
(6) The District Planning Committee shall consolidate the plans prepared by the Zilla Parishad, Gram Panchayat, Nagar Panchayat, Municipal Council and the Municipal Corporations in the district and prepare a draft development plan for the district as a whole.
(7) Every District Planning Committee shall in preparing the draft development plan:--
(a) have regard to--
(i) the matters of common interest between the Zilla Parishad, Gram Panchayats, Nagar Panchayats, Municipal Corporation and Municipal Councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation,
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Government may by order specify.
(8) The Chairman of every District Planning Committee shall forward the development plan, as recommended by such Committee to the Government.
Section 97 Finance Commission for Panchyats.
(1) The Governor shall constitute every five years a Finance Commission to review the financial position of the Zilla Parishads and Gram Panchayats and to make recommendations to the Government as to--
(a) the principles which should govern--
(i) the distribution between the State and the Zilla Parishads and the Gram Panchayats and the net proceeds of the taxes, duties, tolls and fees leviable by the Government which may be divided between them and allocation between the Zilla Parishad and Gram Panchayat of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Zilla Parishad and Gram Panchayat;
(iii) the grants-in-aid to the Zilla Parishads and Gram Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Zilla Parishads and Gram Panchayats; and
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Zilla Parishads and Gram Panchayats.
(2) The Finance Commission shall consist of a member.
(3) The member of Finance Commission shall be appointed in such manner as may be prescribed from among persons who--
(a) have experience in public affairs; or
(b) are or have been, or are qualified to be appointed as a Judge of a High Court; or
(c) have special knowledge of the finances and accounts of Governments; or
(d) have had wide experience in financial matters and in administration; or
(e) have special knowledge of economics.
(4) The Finance Commission shall determine its procedure.
(5) The member of the Finance Commission may resign his office by writing under his hand and addressed to the Governor but he shall continue in office until his resignation is accepted by the Governor.
(6) The casual vacancy occurring due to the resignation of the member under sub-section (5) or for any other reason may be filled by fresh appointment and a member so appointed shall hold office for the remaining period for which the member in whose place as he was appointed would have held office.
(7) In the performance of its functions, the Commission shall have the following powers, namely:--
(a) to call for any record from any officer or authority;
(b) to summon any person to give evidence or produce records; and
(c) such other powers as may be prescribed.
(8) The Governor shall cause every recommendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the State Legislature
(a) the principles which should govern--
(i) the distribution between the State and the Zilla Parishads and the Gram Panchayats and the net proceeds of the taxes, duties, tolls and fees leviable by the Government which may be divided between them and allocation between the Zilla Parishad and Gram Panchayat of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Zilla Parishad and Gram Panchayat;
(iii) the grants-in-aid to the Zilla Parishads and Gram Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Zilla Parishads and Gram Panchayats; and
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Zilla Parishads and Gram Panchayats.
(2) The Finance Commission shall consist of a member.
(3) The member of Finance Commission shall be appointed in such manner as may be prescribed from among persons who--
(a) have experience in public affairs; or
(b) are or have been, or are qualified to be appointed as a Judge of a High Court; or
(c) have special knowledge of the finances and accounts of Governments; or
(d) have had wide experience in financial matters and in administration; or
(e) have special knowledge of economics.
(4) The Finance Commission shall determine its procedure.
(5) The member of the Finance Commission may resign his office by writing under his hand and addressed to the Governor but he shall continue in office until his resignation is accepted by the Governor.
(6) The casual vacancy occurring due to the resignation of the member under sub-section (5) or for any other reason may be filled by fresh appointment and a member so appointed shall hold office for the remaining period for which the member in whose place as he was appointed would have held office.
(7) In the performance of its functions, the Commission shall have the following powers, namely:--
(a) to call for any record from any officer or authority;
(b) to summon any person to give evidence or produce records; and
(c) such other powers as may be prescribed.
(8) The Governor shall cause every recommendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the State Legislature
Section 98 State Election Commission.
(1) There shall be a State Election Commission constituted by the Government for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayat bodies in the State under this Act and the rules made thereunder.
(2) The Commission shall consist of a State Election Commissioner to be appointed by the Governor.
(3) The conditions of services and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
(4) The Government 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 the State Election Commission under this Act.
(2) The Commission shall consist of a State Election Commissioner to be appointed by the Governor.
(3) The conditions of services and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:
Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
(4) The Government 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 the State Election Commission under this Act.
Section 99 Determination of elected members after census.
Upon the publication of the figures of each Census, the number of elected members of a Panchayat shall be determined by the State Government on the basis of the population of the Panchayat area as ascertained at that Census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayats existing at the time of the publication of Census under this section until the expiry of its term.
Provided that the determination of the number as aforesaid shall not affect the then composition of the Panchayats existing at the time of the publication of Census under this section until the expiry of its term.
Section 100 Qualification of membership for election to Panchayat or Zilla Parishad.
Every person whose name is in the list of voters within the Gram Panchayat or Zilla Parishad constituency and is ordinarily resident within the Gram Panchayat or Zilla Parishad area shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected as a member of the Gram Panchayat:
Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes and women, no person who is not a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes or is not a women, as the case may be, shall be qualified to be elected to such seat.
Provided that in the case of seats reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes and women, no person who is not a member of any of the Scheduled Castes or Scheduled Tribes or Backward Classes or is not a women, as the case may be, shall be qualified to be elected to such seat.